Legislative Policies for the 2007 Oregon Legislative Session

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City of Eugene Legislative Policies for 2007 Oregon Legislative Session City of Eugene Legislative Policies for 2007 Oregon Legislative Session lawmaking is under no such constraints. Some initiative measures have imposed heavy X. TELECOMMUNICATIONS financial burdens on state and local governments, and yet made no provision for paying the cost of those burdens. Several initiatives have enacted new programs or policies directly into the State constitution rather than by statute, creating difficulties of Telecommunications includes cable communications, and broadband use of the public interpretation, implementation and financing, The ability of the State Legislature to right-of-way including voice-over Internet protocol (VOIP) respond is also limited. Under federal, state and local law, cities have authority to manage the public right-of-way Initiative campaigns are increasingly placed on the ballot by private sponsors, without ~ (ROW) and collect. fair compensation for its use by private communications providers. As public or legal review, and are promoted by professional high-tech campaigns. Voters are cities develop, the public ROW represents a substantial public investment and resource. faced with a dizzying array of complex measures on their ballots. Reforms are needed to ensure that the initiative process is no longer distorted and balance is returned to the When. Congress passed the Telecommunications Actin 1996. Congress anticipated that system. less restriction and increased competition would result in better, broader service and lower telecommunications costs to more Americans. However, the act expressly preserved local Recommendations authority to manage the ROW, charge reasonable fees for commercial use of the ROW ~ Supportproposals to increase the numberofsignatures required foran initiated and impose certain fees and taxes. constitutional amendment. ~ Support proposals to limit the extent to which an initiated constitutional amendment use of tnePublic Rignts-of-way After a decade of court decisions across can require the state and/or/oca/governments to make appropriations orincur Congress, Oregon Courts, and the state the nation, local and state legislative expenditures in excess of a certain amount to be fixed by law. legislature have clearly recognized that the reactions, Senate Bill 150 (Wyden) in 2004, ~ Support legislation requiring that prospective petitions be submitted to an rights-of-way are a valuable public asset. and a .pending 2006 federal re-write of appropriate state agency (Legislative Counsel orAttorney General) foradvisory Cities have a duty and obligation to manage the portions of the 1996 Act, municipalities technicalreviewpriortoapprovalforcirculotion. publicrignts•of-way fortneircitizens. have seen a myriad of mergers and Preservation of cityfranchise fee authority must BCgUISItIOnS among the largest I. ELECTION OF BOARD MEMBERS ON THE LANE TRANSIT DISTRICT be ensured. communications companies in the nation. The City of Eugene supports legislation that would create an elected board for the Lane Along with continued increases in many Transit District. cityautnority to manage ti,e p~bu~ rights-of-way service costs and technolo chap es, must be preserved. gy g recent interpretations bythe FCC and A franchise fee is not a tax. It is a business Courts are blurring the landscape of operating cost incurred by providers when they mUnlClpal authOrlty. use the public rights-of-way for their commercial endeavors. A. RENT FOR PRIVATE USE OF Cities nave legal authority for land use decisions PUBLIC ROW relating to siting of telecommunications and Procedurally, the 1996 Act continued the related facilities such as cell towers. federal government's role as primary Existing authorities to form and operate regulator, but cities and states retained. municipal electric utilities must be retained. CrItlCal ROW management authority under Support efforts to institutionalize adequate levels the act. The act SpeCIflCBlly COntInU2S of customerservice. municipal authority to manage the public ROW and to receive compensation for its. use, considered as sent.. As recently as September 2006 in the Qwest v Portland ; case, court decisions have reaffirmed cities' rights to receive reasonable compensation - notlimited simply to `costs' associated with ROW maintenance as a result of any specific use. A series of Oregon Appellate Court and Federal 9th Circuit Court decisions reaffirmed cities' authority to manage and charge for use of their rights-of way. S150 (Wyden,2004) extended the tax moratorium on Internet taxation, but also clarified that the bill was to have no impact on municipal rights to charge rights-of-way use fees ortaxes onfacility-based broadband voice service operations (such as Qwest DLS, ClearWire, Comcast Digital Voice).. FCC members have also voiced that their rule-making regarding the Internet or 44 45 i;