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_ <br /> <br /> . . <br /> X. Telecommunications <br /> Laws such as city charters, state statutes and federal code F-- <br /> authorize cities to manage the public rights of way Principles of Telecommunications lJsr~ iii' <br /> (ROW) and collect fair compensation for use by private the Public Rights of Way (ROW) <br /> providers. As cities develop, the public ROW represents <br /> a substantial public investment and resource. <br /> .Congress, Oregon courts, and the St~tc <br /> Congress passed the Telecommunications Actin 1996, at Legislature have clearly recognized thtrt lhr~ <br /> the initiation of industry. Congress intended the Act to rights of way area valuable public asscl, <br /> remove federal regulation as a method to encourage .Cities have a duty and obligation Co tttiui~~!+~ <br /> competition wherever possible and expand universal the public rights of way for their citizarts <br /> service. By doing so, Congress anticipated that increased <br /> competition would result in better, broader service and .Preservation of city franchise fee autbuN°~1~~ <br /> lower telecommunications costs to more Americans. must be assured. <br /> Rent for Private Use of Public ROW: Procedurally, the .City authority to manage the public n~lil~ ii( <br /> Act continues the federal government's role as primary way must be preserved. <br /> regulator, but cities and states retain critical management ¦A franchise fee is not a tax. It is t~ bu~,i~u-.; <br /> authority under the Act. The Act specifically continues operating cost incurred by providers wli~ i ~ <br /> municipal authority to manage the public ROW and to they use the public rights of way iitr tb~~it <br /> receive compensation for its use, considered as rent. commercial endeavors. <br /> Recent court decisions have reaffirmed cities' rights to <br /> receive reasonable compensation - not be limited simply .Cities have legal authority for land i~~,~ <br /> to `costs' in maintaining ROW as a result of any specific decisions relating to siting of <br /> use. Reaffirmation of cities' rights was realized in a telecommunications facilities such tell <br /> series of Oregon State Supreme Court and Federal 9`h towers. <br /> Circuit legal decisions. <br /> ¦ Existing authorities to form antl ~~iurf~i~. <br /> Construction Permits for Private Use of Public ROW: municipal electric utilities must h~~ rr~n~u~ ~l <br /> Along with the Act's ROW compensation affirmation, ¦ Support efforts to institutionalii~~~ ml~~~~nn~E <br /> cities are realizing that technological advancement and levels of customer service. <br /> growth contribute to the busy and crowded nature of our <br /> public ROW today. An increasing amount of activity <br /> occurs above, on and below the ROW. Residents and <br /> businesses make ordinary use of the public ROW by <br /> walking or driving on it. Others access the public ROW <br /> for extraordinary uses such as cable, natural gas, <br /> telecommunications, electricity, water and sewer lines. <br /> As users compete for access, local management of the _ <br /> public ROW becomes increasingly critical. Cities must <br /> City of Eugene Legislative Policies, 2005 Session 55 <br /> <br />