HomeMy WebLinkAbout1997-09-08-Resolutions 97-31_ROW Use Protection - SupportRESOLUTION NO.97-31
A resolution to support court proceedings to protect a City's right to maintain the use and
control of rights-of-way within its corporate limits
WHEREAS,The Federal Telecommunications Act of 1996 ("the ACT")preserves the right of
municipalities to manage rights-of-way within their corporate limits and receive compensation
for use and management of the rights-of-way,so long as the regulation of the rights-of-way is
nondiscriminatory;and
WHEREAS,The Iowa State Supreme Court has established the "Rule of 1897"whereby a phone
company ("1897 company"),including its successors,that was providing local phone service to a
community prior to October 1,1897,does not have seek permission to use the rights-of-way nor
pay any fee for their use;and
WHEREAS,New providers of telecommunication services are demanding that they should also
have the same privileges to use the rights-of-way as the "1897 companies"under the
nondiscriminatory provisions of the ACT:and
WHEREAS,In order to best meet the needs of citizens to receive telecommunication and other
essential services,it is necessary that cities be able to regulate the use of their rights of way and
to receive payment from the users of the rights-of-way for their use;and
WHEREAS,The Iowa League of Cities is establishing a fund for the purpose of filing an action
to protect the rights of Iowa cities in their rights-of-way;and
WHEREAS,The City of Waukee agrees that it supports such court action and will provide
funding for the proceeding;
NOW THEREFORE,be it resolved that the City of Waukee agrees that is supports such court
action and will pay the sum of $170.55 as its per capita share of the cost of filing the initial
action.
BE IT FURTHER RESOLVED,that the City of Waukee hereby authorizes the Iowa League of
Cities to retain counsel on behalf of the plaintiff cities,to coordinate the filing of the action,and
to otherwise manage the litigation.
Approved and adopted this 8th day of September,1997.
/
Attested:
k·Aw.,pJ
Kurt A.Rueckel,City Clerk