8.6. SR 03-06-1995 - Laserfiche WebLink

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Emerging communications. act champions local interests ~~~ Ann Higgins significance of bringing about uses of communications services at the local level to support business growth, create jobs, and protect and return local taxpayer investment in the construc- lion, maintenance and improvement of public rights-of-way. Please adopt this or~similarly worded resolution as soon as possible and send a copy to your state legislators. (~ ~~ 1 ~,~ Legislation that supports local government interests in the fast moving telecommunications debate will be considered in both the house and senate. S.F. 568 supports. the 1995 LMC action agenda goals to preserve local authority over rights of way and to require regulation of telecommunica- tions providers to ensure public service and use. The bill is authored by Senator Janet Johnson (DFL-North Branch) who. isvice-chair of the Jobs, Energy, and Community Development Com- mittee. AHouse version by Representa- five Phylis Kahn (DFL-Minneapolis) is in the works but has not yet been introduced. The League is strongty supporting both measures. The bills will help cities maintain authority to: • Require providers to obtain permits and comply with minimum standards for use of the right-of- way in constructing and operating facilities within city limits; • Prohibit redlining and uphold nondiscrimination standards in providing services within the city; • Support community access to services, • Design the local infrastructure to meet local communications and information needs so that a reserved portion of the capacity will beset aside and delivered on a city- and school district-basis determined by local authorities; • Allow cities to receive compensa- tion for use of public rights-of-way and public property. Cities have a critical stake in the outcome of the development of telecommunications policy at the. state level. These bills will clearly show whether state lawmakers understand and are willing to recognize the concerns that cities have in the tele- communications issue. A number of cities have already adopted the sample resolution. It is important that your city consider the February 24, 1.995 Sample resolution The League urges cities to adopt the following resolution in support of S.F. 568 (Johnson, J.), the Emerging Communications Acts of 1995, and to send a copy to local legislators requesting their active support of this bill. RESOLUTION NO, RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" WHEREAS, the City of (City) is responsible for monitoring. the operation and activities of cable communications in the City, and WHEREAS, the City provides coordination of administration and enforcement of the cable franchise; promotes the development of IocaAy produced cable television programming; and conducts such other activities to ensure equitable and reasonable rates and service levels for the. citizens of City, and WHEREAS, it is the intent of the cable franchise to ensure the deveopment and continued operation of a cable communications system 3o that the City may achieve better utilization and improvement of public services and contribute sig~iticantly to the communication needs of its residents, and. WHEREAS, in pursuit of these goals the City has granted to private interests the use of Public Property and Public Right-of-Way. NOW, THEREFORE, at a regular meeting of the City Council dated t 995, the City endorses the "Minnesota Emerging Communications Services Act of 1995" and encourages its adoption by the Minnesota State Legislature for the following reasons:. FINDINGS 1. Public Property and Public Rights-of-Way are valuable public assets and Local Authorities are entitled to ensure that the public is benefited, compensated, protected and able to access and share in the use of any Emerging Communications Services that makes use of those Public Rights-of-Way by a private for-profit provider. 2. There is a wide range of Persons seeking to use Public Property and the Public Rights-of-Way. to deliver video, voice and data services and all such Persons should be treated similarly by State. and Local Authorities. 3. Existing state statutes do not adequately address these Emerging Communications Services. 4. Local Authorities are well equipped to analyze and implemeht the needs and interests of the local citizenlconsumer, and protect taxpayers' irnestment in Public Property and Public Rights- of-Way. CONGLUSION The City concludes that Local Authorities must have the authority to require Emerging Communications Services utilizing Public Propeny and Public Rights-of-Way to: 1. Obtain permits and comply with minimum state starxfards and existing {Deal standards for use of Public Property and Public Rights-of-Way. 2. Prohibit redlining and uphold nondiscrimination standards. 3. Oversee the design of local communications infrastructure to ensure the meeting pf community needs which includes ensuring. that a portion of the public capacity being delivered on a city, .county and school district specific basis as determined by Local Authorities. 4, ANow Local Authorities to receive compensation for use of Public Property and Public Rights- of-Way. The City further concludes that existing local authority must be implemented. with local permitting authority which: t. Enforce compliance with financial, technical, legal and connectivity standards. 2. Authorizes local collection of lees to compensate Local. Authorities forboth the use of and decrease in the value of Public Property and Public Rights-of-Way as a result of the construction of and occupancy by Emerging Gommunications Services. 3. Assures delivery of Emerging Communications Services to Local Authorities and SchooF Districts. This Resolution passed and adopted by the City this _ day of , 1995. City of By Its Page 5