O-1998-2208 - Laserfiche WebLink

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. .: ,,;,7Sth LE9"~'-tTU.REGULAR SESSION e C~. 1212, 11 ,_.,. '" ",'4' .' . ~," l" i . ' . '" '~tke" ability of any telecommunications utility to piovide telecommunications services wholly witkin municipalities; to ensure that any compensation to municipal'ities for the telecom- ~unications utilities' 'USe of municipal righta-of-way or other public property t.o provide ~le~munications services 'fOhf?lly within rn1J.nicipalities is fair q.nd 1'fJqsC>'n4ble to telecom- munications utilities and municipal residenta whO own the public prOpe~y or right-of-way; to ~re t~ abi~i~y of "r"~~iclpalities to eZ~~. tfteir a'f.!.thf!rity to nianqge the publ~ righta- of-''P!LY; and to ~~re that 9~~s b~e.fit.fro.m ~h co~petition. . (b) In order to effectuate the policies described jr& this section. a. joint interim commjtte~ shall be appointed to investigate, repCJ1'4 and make legislative recommendations regaTding the state franchise policy for municipalities with respect to telecommunications sen,rices ~d wholly within municipalities by telecomm?J.nications utilities. (c) Thejoint committee shall be made up ot (1) the chairman of the Senate Committee on Economic Development; (.2) the. chairman of the Senate CommiUee on Intergovernmental Relations; (3) the chairman of the House Committee on ~~e Affairs; (~) the chairman of the House Committee on Ur~an .i1JJairs; (5) one member of the senate appointed by the lieutenant governor, and (6) one member of the house of representativ~s appointed by the speaker of the house of . representatives. '" , (d)(l) Th~ joint committee shall investigate: . (A) the need for conlljstfjncy in terms and conditions, including the authorized compensation methodology, to be include4 in municipal franchise agreements across the state; , (B) the impact of exis~ing m~Lnicipal fee tigreements, ordinances, charters, or other municipal requirements on the provision of competitive telecommunications services wholly within municipalities by telecommunications utilities and th'e authority of the legislature to establish the basis for and require modification of those agreements, ordinances, charters, or other municipal requirements; (C) the type and amount of cost incurred by municipalities by virtue of the use of the municipalities' rights-of-way and public property by telecommunications utilities pro_ viding telecommunications services wholly within the municipalities; (D) the type, basis for, and amount of revenue received by municipalities from telecommunications utilities providing telecommunications services wholly within the municipalities; , (E) the authority of municipalities to impose conditions on or require compensation from telecommunications utilities provi~ling telecommunications services wholly within the municipalities by resale of telecommunications ~(lrvices or the use of facilities oj other telecommunications utilities; and '. , (F) such other issues as are necessary to promote the public interest and effectuate the policies in support of competition by telecommunicatio!Ls utilities in the provision of telecommunications services wholly W'lthin municipalities as set forth in Subsection (a) of this section. (.2) Notwithstanding the fact that cable television companies are not "telecommunica- tions utilities" under this Ac4 the facilities and technologies used by telecommunications utilities and cable television companies are the same or similar, impose the same burdens on municipal righta-of-wa1/, and are or will be used to provide comparable competitive services. Some of the issues to be investigated by the joint committee cire applicable to the cable television companies and are to be included tuithin the issues investigated by and reported on by the joint committee. (e) The joint committee shall develop a report that analyzes the state's policies with respect to the issues described in Subsection (d) of this section and that incltules recom- mended rule or statutory changes to implement the policy options. The joint committe~ may make preli"",inary reports but shall make a final report not later than November 1, 1998. 'In this re~ect, affected parties are placed on notice that any terms and conditions, 4661