5.2. SR 07-22-1996 - Laserfiche WebLink

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