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Home My WebLink AboutMINUTES - 04161996 - C45 TO: BOARD OF SUPERVISORS Contra 5E l FROM: Phil Batchelor, County Administrator Costa n1 ,o�= County March 27 1996 .1 DATE: + �rTq�couN't' c LEGISLATION SB 1896 (COSTA) - PROHIBITS THE COU FROM SUBJECT: IMPOSING FEES ON TELECOMMUNICATIONS PROVIDERS FOR THE USE OF PUBLIC RIGHTS-OF-WAY SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AUTHORIZE the Chair of the Board of Supervisors to send letters to designated California State Senators in opposition of SB 1896 by Senator Jim Costa which would prohibit the County from imposing fees on telecommunications providers for the use of public rights-of-way. BACKGROUND: The Telecommunications Act of 1996 protected local government's ability to manage the public rights-of-way and to collect compensation for their use on a competitively neutral and nondiscriminatory basis. SB 1896 by Costa is directly contrary to that legislation. It would prohibit local government from imposing any fees on telecommunications providers for the use of public rights-of-way, with the exception of fees to reimburse the County for the cost of issuing permits. CONTINUED ON ATTACHMENT: --)(--YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER '7 SIGNATURE(S): &Z✓ 67 �Wp& ACTION OF BOARD ON— ADL i l 16, 1996 APPROVED AS RECOMMENDED X OTHER X IT IS BY THE BOARD ORDERED that the staff's recommendations above are approved; the Chair is AUTHORIZED to send letters to California Senators in opposition of SB 1896 (Costa) as currently written; and this issue is REFERRED to the Finance Committee for further review and report back to the Board. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED April 16, 1996 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: Pat Burke SUPERVISORS AND OUNTY ADMINISTRATOR Maurice Shu; Public Works Eileen Doten, Appl. Permit Ctr. BY ,DEPUTY s - Currently, the County receives compensation from utilities to recover administrative costs associated with permit applications and inspections and may recover costs to mitigate damages caused by the physical impacts to the streets. This bill would fully place the fiscal burden of repairing damaged streets on the taxpayer. With the March 13,1996 California Public Utilities Commission ruling allowing long distance carriers to provide local telephone service, as many as 60 new companies are expected to provide local service later this year. The telephone competition is expected to focus initially on California's most lucrative markets including the Bay Area. Staff has already experienced an increase in telecommunication street cut activity. There is conclusive evidence that street cuts can reduce average street life by half or more. In addition, the County, as manager of public assets, has a fiduciary responsibility to secure rent for use of those assets. This bill would preclude the County from that function and mandate free access to selective users of the rights-of-way. Staff would recommend that Contra Costa County joins with CSAC and the California League of Cities and sends a letter to the attached Senators to express the County's opposition to SB 1896. -2- -County AdministratorContra Board of Supervisors e Jim Rogers County Administration Building Costa 1 st District 651 Pine Street, 11th Floor Jeff smith Martinez,California 94553-1229County 2nd District (510)646-4080 Gayle Bishop FAX: (510)646-4098 3rd District � SEgi Phil Batchelor Mark DeSaulnier County Administrator 4th District Tom Torlakson V Ir 5th District �o Senator Jim Costa State Capitol Room 2054 S'A e6b Sacramento,CA 95814 (916)445-4641 RE: SB 1896(Costa)--As Introduced February 22, 1996 Local Agency Fees: Public Utilities OPPOSE Dear Senator Costa: The Contra Costa County must regretfully oppose SB 1896. This measure would prohibit cities and counties from imposing any fees on telecommunications providers for the use of public rights-of-way(PROW), with the exception of fees to reimburse local agencies for the costs of issuing a permit for the use of PROW. Currently, cities and counties receive compensation from many utilities for their private use of PROW for several reasons. First, local agencies impose fees to recover administrative costs associated with permit applications and inspections for utilities' use of PROW. Second, local jurisdictions may currently recover costs to mitigate damages caused by the physical impacts to the streets. We have conclusive evidence that multiple street-cuts can reduce average street life by half or more. This bill would fully place the fiscal burden of repairing damaged streets on the public. This is especially troublesome as the new competitive marketplace expects that three or more new telecommunications providers will enter the business, and thus demand access to local streets. Lastly, cities and counties, as property managers of public assets, have a fiduciary responsibility to secure rent for use of those assets.It is simply doing the public's business to seek compensation for use of PROW. This bill would preclude local governments from that function and mandate free access to selective users of the PROW. We are concerned that the approach suggested in SB 1896 would further the subsidy of private telephone corporations by the public. Moreover, SB 1896 is directly contrary to the recently passed federal policy which reiterates local agencies' ability to manage and receive fair and reasonable compensation among all telecommunications' providers use of the PROW. Recovery of these costs and adequate compensation for the private use of PROW for profit is prudent and fiscally responsible on the part of cities and counties responsible for managing these public assets. For these reasons,Contra Costa County opposes SB 1896. Sincerely, Jeff Smith Chair, Board of Supervisors Title FirstName LastName Addressl City Stat PostalCo WorkPho e de ne Senator Milton Marks State Sacramento CA 95814 (916)445- Capitol 1412 Room 5035 Senator Diane Watson State Sacramento CA 95814 (916)445- Capitol 5215 Room 4040 Mr. Peter Detwiler State Sacramento CA 95814 (916)445- Capitol 8740 Room 4030 Senator Henry Mello State Sacramento CA 95814 (916)445- Capitol 5834 Room 313 Senator Dick Monteith State Sacramento CA 95814 (916)445- Capitol 1392 Room 2048 Senator Jim Costa State Sacramento CA 95814 (916)445- Capitol 4641 Room 2054 Senator Quentin Kopp State Sacramento CA 95814 (916)445- Capitol 0503 Room 2057 Senator Daniel E. Boatwright 3086 State Sacramento CA 95814 (916)445- Capitol 6083 Senator Nicholas J. Petris 5080 State Sacramento CA 95814 Capitol