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r LMC Cities¢ro ot;Ing ota ;tce Citie e tin Citi¢s promoting¢scallence S Number 9 INIarch 8, 1996 U.S. West challenges local authority to manage public rights-of-way Ann Higgins such circumstances and set aside local tion to argue against further consider- regulations.The League obtained a ation of this matter by the state Cities face a direct challenge to copy of the petition from the city of St. regulatory agency. their authority to manage local rights- Paul,one of four cities whose ordi- The Telecommunications Act of of-way from U.S.West,the largest nances and actions U.S. West argued 1996 incorporates language originally local exchange provider in the state. went beyond the authority granted to adopted by an overwhelming majority The regional bell operating company cities under state law. in the U.S.House of Representatives. with service territory in 13 other states U.S.West believes that Minnesota The Barton-Stupak Amendment was across the nation,is attempting to win Chapter 237 gives MPUC"exclusive support from the Minnesota Public jurisdiction"to regulate public rights- See U.S. West,page 4 Utilities Commission(MPUC)that the of-way within cities,despite the fact telephone industry was not able to that state law also establishes local obtain in the federal 1996 Telecommu- authority to enact regulations over the nications Act signed into law at the end location of telecommunications of February.The far-reaching changes equipment and facilities"on,below,or The League sends the t.o .. Bulletin to the mayor and to,the in the telecommunications law enacted above...streets alleys or other public administrator or clerk. Be sure to by the 104th Congress clearly protect grounds." route It to your counclimembers local government authority to manage The League has conferred with and department heads. public rights-of-way and to receive representatives of the Suburban Rate '•_'` reasonable compensation for their use. Authority and the Minnesota Associa- On February 23,U.S.West filed a tion of Community Telecommunica- petition with the MPUC for expedited tions Administrators to prepare a proceedings to intervene in actions response to this unprecedented action. - taken b cities to require the telephone F` Y 9 P The LMC Telecommunications Task company to comply with local ordi- P Y P Y Force has been asked to make recom- _. nances when usinc,and maintaining a -'' o g mettdations on a coordinated plan of presence in public rights-of-way in action to protect cities' interests in this _' = delivering telecommunications matter.Local cable franchise authori- services.The petition calls on the ties are also considering possible MPUC to take exclusive jurisdiction in courses of action,including interven- Page 5—Senate tax bill Page 3—Fireworks requirements The 348-page Senate tax bill Fireworks season may seem a would eliminate city HACA and long way off, but cities should plan establish a property taxpayer trust now to meet new state fund. requirements.