5.2. SR 07-22-1996 - Laserfiche WebLink

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Number 19 July 12, 1996 MPUC dismissal of US West petition leaves right of way questions unanswered Joel Jamnik While the League of Minnesota Cities has won a second victory over US West in the company's ongoing battle to restrict cities' authority regarding rights of way, many ques- tions about city authority to manage rights of way remain. On Tuesday, July 9, the Minnesota Public Utilities Commission (MPUC) voted 4-0 to dismiss the petition filed by US West in February. That petition asked the commission to exemise its "exclusive" jurisdiction over public rights of way. The victory was not unqualified, however, because the MPUC also voted to provide in its order for dismissal an interpretation of its authority over the provision of telephone services. The actual motion to dismiss was tO: "Issue an order dismissing the petition but also interpreting the extent of the Commission's authority under Minn. Stat. § 237.16, subd. l(a)(1). Require telephone companies to notify the Commission of any municipal ordinances or other local government actions that appear to infringe on the Commission's jurisdiction." Consequently, though the Com- mission will not act or rule on the merits of the petition and assert its jurisdiction, it seems intent on using the dismissal order to officially tell cities, utilities and the Legislature what qualifies as its statutory authority or jurisdiction over public rights of way. It is not a surprise that US West and other similar utilities indicated unqualified support for this action. The MPUC not only has reached a somewhat convoluted and ambiguous result, but it was accompanied by statements from MPUC Commission- ers that indicated great sympathy and support for telephone companies and their customers, and little sympathy or support for cities or citizens. It seems as though the Commission and the utility companies agreed that cities should be responsible for managing the public's right of ways, but should not actually manage those resources, and certainly should not impose conditions on the use of rights of way, or any Page 3 -- Rights of way Page 13 -- Cities Week 1996 Confusion exists over US West's view of managing public rights of way. Plan now for Cities Week 1996 -- Making Cities Count - Preserving our Quality of Life. "peculiar" charges that would be considered unreasonable by the telephone utilities. All of the parties acknowledged that the Legislature will ultimately be asked to settle the dispute. See MPUC, page 6 Cities Bulletin to the mayor and to the · administrator or clerk. Be sure to mute it to your councllmembers and department heads. =~,