Bill Text: OR HJM12 | 2013 | Regular Session | Introduced

Oregon House Joint Memorial 12 (Prior Session Legislation)

Bill Title: Urging Congress and Federal Communications Commission to support right-of-way management and compensation authority of local governments.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HJM12 Detail]

Download: Oregon-2013-HJM12-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
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 LC 2196

                     House Joint Memorial 12

Sponsored by Representative BARNHART; Representatives LIVELY,
  VEGA PEDERSON, Senator EDWARDS

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Urges Congress and Federal Communications Commission to support
and protect right-of-way management and compensation authority of
local governments.

                         JOINT MEMORIAL
To the Senate and the House of Representatives of the United
  States of America, in Congress assembled, and the Federal
  Communications Commission:
  We, your memorialists, the Seventy-seventh Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas funds from fees charged for the use of local public
rights of way are particularly critical to the support of law
enforcement and fire services in cities of this state; and
  Whereas the ability of local governments to recover fair and
reasonable compensation for the use of public rights of way is
now at risk due to the Notice of Inquiry proceeding undertaken by
the Federal Communications Commission, entitled 'Acceleration of
Broadband Deployment: Expanding the Reach and Reducing the Cost
of Broadband Deployment by Improving Policies Regarding Public
Rights of Way and Wireless Facilities Siting'; and
  Whereas the proceeding has been undertaken due to initiatives
of the telecommunications industry and could result in the
commission's interference with the local right-of-way management
and compensation authority granted by Oregon law and municipal
ordinance and protected under the federal Telecommunications Act
of 1996 (P.L. 104-104); and
  Whereas the cities of Eugene and Springfield joined with the
National League of Cities, the National Association of Counties,
the United States Conference of Mayors, the International
Municipal Lawyers Association, the National Association of
Telecommunications Officers and Advisors, the Government Finance
Officers Association, the American Public Works Association and
the International City/County Management Association to submit
formal comments in the proceeding; and
  Whereas the comments presented technical analysis, an
econometric study and documentation of local experiences to
confirm that local right-of-way management practices are neither
delaying broadband deployment nor discouraging increased
penetration of broadband; and
  Whereas comments submitted by telecommunications industry
representatives do not begin to challenge the analysis submitted
by the coalition of national municipal associations; and
  Whereas loss of right-of-way use fees paid to local governments
could amount to millions of dollars annually; and
  Whereas instead of interfering with valid local right-of-way
management practices, the Federal Communications Commission
should partner with local governments and the telecommunications
industry to develop targeted, voluntary programs to increase
broadband deployment; now, therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  (1) The Congress of the United States and the Federal
Communications Commission are respectfully requested to support
and protect the right-of-way management and compensation
authority of local governments.
  (2) A copy of this memorial shall be sent to the Chairperson of
the Federal Communications Commission and to each member of the
Oregon Congressional Delegation.
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