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• r Commonquestions about ta Cilias public rights of way scenence QWhy did local management of public Doesn't that settle things? rights of way become such an issue? Q In February, US West challenged a ANot necessarily. The District Court ruling Redwood Falls ordinance that set standards probably will have little bearing on the PUC for installing fiber optic cable in the public right ruling, which is expected later this summer. US of way. The ordinance charges a small per foot West may also appeal the District Court ruling. fee, requires the cable to be encased in concrete Regardless of what happens in these two arenas, conduit, or, if that isn't done, limits the city's the Legislature will be looking at this issue when liability in case the cable is damaged. US West the 1997 session begins in January. asked the Minnesota Public Utilities Commission (PUC) to take over jurisdiction of city rights of way, and set aside any local Why is this such an important issue? regulations. Then, US West sued the city of Q Redwood Falls in District Court. US West asked Che implications of this case are enormous. the court to prevent the city from enforcing the 1s deregulation and competition among ordinance, and allow them to lay their fiber optic telecommunication and utility providers cable pending resolution of the matter before the continues, there will be more and more demand PUC. for access to the ground under city streets. All kinds of businesses and utilities make use of that scarce space - telephone companies, cable Didn't the District Court rule in favor of television companies, gas companies, power Redwood Falls? companies - and so on. If cities are not allowed /® Yes. The League intervened on behalf of to manage the use of the right of way, streets Redwood Falls early in the proceedings and could be torn up regularly and underground hired outside legal counsel with expertise in facilities could become a tangled maze. Imagine utility law. Those efforts paid off when a Fifth your city completing a major repaving project, District Court Judge dismissed the lawsuit only to have the street torn up by a utility brought by US West. In the order dismissing the looking to install lines. Imagine the phone calls suit, the judge stated essentially that the state law to city hall from irate residents if streets are creating the PUC authorized it to regulate blocked off two or three times a year. Imagine telephone service providers but did not take your frustration when it becomes obvious that away cities' right to impose reasonable local taxpayers are being forced to subsidize regulations and to charge a reasonable franchise private industry and pay higher taxes to build fee for the use of their streets and services. The and maintain city streets. judge wrote "...The public utility commission • regulates telephone companies, not cities."