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53 <br /> • STAFF REPORT <br /> DATE: March 4, 1998 <br /> TO: Michael J. Mornson, City Manager <br /> FROM: Kim Moore-Sykes, Management Assistant W2 <br /> ITEM: Proposed Right-of-Way Ordinance. <br /> In 1996, President Clinton signed the Telecommunications Deregulation Act of 1996, which <br /> essentially eliminated some of the protections previously afforded to some telecommunications <br /> providers and opened up the competition arena to anyone who could provide telecom- <br /> munications services. This deregulation consequently has caused increasing demands metro- <br /> wide for use of public rights-of-way, and that has resulted in more frequent construction and <br /> disruption of the right-of-way to meet this need. <br /> The purpose of the proposed ordinance amendment is to give the City a uniform standard by <br /> which the use of all rights-of-way within the City's jurisdiction can be managed and regulated. <br /> • This is especially important to St. Anthony because as one of the highest points in Hennepin <br /> County, telecommunications providers have been interested in utilizing the Community's <br /> public areas and rights-of-way to install equipment and other support facilities. The proposed <br /> amendment also provides the City with the ability to exercise its authority to recover actual <br /> costs associated with and incurred as the result of managing excavations and/or obstructions of <br /> a right-of-way. <br /> The proposed ordinance amendment is based on model ordinances provided by Tom Creighton <br /> of Bernick and Lifson, P.A. and the League of Minnesota Cities and conforms to the <br /> provisions of the telecommunications right-of-way legislation adopted into law as Minn. <br /> Session Laws, 1997, Chapter 123. A draft of the right-of-way ordinance has been submitted <br /> to the City's attorney for his review and comment. The Public Works Director and Licensing <br /> Clerk have also received copies for their review. <br /> • <br />