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LEAGUE URGES CITIES TO OPPOSE H.R. 5252 UNLESS AMENDED RIGHTS-OF- WAY AND BUILD-OUT ISSUES OF KEY CONCERN The House is expected to vote next week on these local concerns in a timely fashion? H.R. 5252, the Community, Opportunity, Promo- . What does a city do when, without the tion and Enhancement Act (COPE Act). The bill city's knowledge, a service provider cuts aims to reform federal telecommunications law into a local street, bursts a water main and and increase competition in the broadband and disrupts traffic? How long does the city video service markets, but local concerns regard- wait for the FCC to get back to them on ing what actual effect the proposed legislation will how to resolve this immediate safety have on residents in our communities remains issue? unknown. . Residents are not going to wait for a response from the FCC. They are going to On Wednesday, May 30, Congresswoman call their elected officials, members of Diane Watson (D-Calif.) wrote a "dear colleague" Congress and demand answers. Are we letter (available for download at www.cacities.ora/ forced to tell them "sorry there is nothing telecom) expressing her concerns about keeping we can do, Congress gave away our the control of the local rights-of way local. The authority to control our streets to the League commends her for her leadership on the FCC?" issue and believes that we need more representa- tives to understand the effects that this legislation Build-Out will have on their local communities. The League is asking for amendments that H.R. 5252 allows service providers to self- select their service areas and contains NO build- address the following two issues: out requirement (not even goals!) to ensure that local communities are served. Rights-of-Way . Telecommunications providers contend While local governments would retain authority they have "every incentive" to expand their to regulate the use of public rights-of-way, en- coverage and therefore, should not have forcement authority would rest with the Federal any build out requirements or even any Communications Commission (FCC) 3,000 miles build-out goals. If they truly have the away in Washington, D.C. The bill is also silent on incentive, build out goals should be a non- the appropriate forum to resolve rights-of-way issue. disputes, leaving that authority again to the FCC - . Somehow the cable industry figured out an agency that most people have no idea even how to meet existing build out require- how to contact! ments and as a result many of our com- munities and residents are served. How is . The ability to manage our rights-of-way it that cable can do it and telecommunica- and related infrastructure is meaningless tions providers can't or shouldn't? without the ability to enforce actual activi- . Clearly the federal government believes ties occurring in our local streets and build out requirements are fair and reason- related areas. able as they require them when they give . When did it become appropriate for the out spectrum. FCC to take charge of our local roads? . Does the FCC have nationwide knowledge What Cities Can Do of city streets, sidewalks, local safety and traffic patterns/congestion? The League is asking cities to call or write their . How will the FCC be able to handle all of congressional representatives to oppose the Continued on Page 4 PAGE 2 - PRIORITY FOCUS Visit the league's Official Website--www.cacities.org June 2, 2006 - Issue #22 0"_-" ~"-~ --.-.,-., "'.....-..... -~ -""