City of Philadelphia - File #: 000420

• File #: 000420
• Version: 0
• Type: Resolution
• Status: LAPSED
• File created: 6/1/2000
• In control: Committee of the Whole
• Title: Authorizing the City Council Committee of the Whole to hold hearings concerning the management of public right of ways in the City of Philadelphia and to hear testimony on reasonable fees for the same for the telecommunications industry pursuant to Section 253 under the Federal Telecommunications Act of 1996 (47 U.S.C. 151 et. seq.)
• Sponsors: Councilmember Mariano, Councilmember DiCicco, Councilmember Krajewski, Council President Verna, Councilmember Goode, Councilmember Clarke, Councilmember Ortiz, Councilmember Reynolds Brown, Councilmember Rizzo, Councilmember Miller, Councilmember Nutter, Councilmember Cohen, Councilmember Blackwell, Councilmember Tasco, Councilmember O'Neill
• Indexes: TELECOMMUNICATIONS

Date	Ver.	Action By	Action	Result	Tally
3/14/2001	0	Committee of the Whole	HEARING NOTICES SENT
3/14/2001	0	Committee of the Whole	RECESSED
3/14/2001	0	Committee of the Whole	HEARING HELD
12/6/2000	0	Committee of the Whole	HEARING NOTICES SENT
12/6/2000	0	Committee of the Whole	RECESSED
9/26/2000	0	Committee of the Whole	HEARING HELD
9/26/2000	0	Committee of the Whole	RECESSED
6/1/2000	0	CITY COUNCIL	Referred
6/1/2000	0	CITY COUNCIL	Introduced	Pass

Title
Authorizing the City Council Committee of the Whole to hold hearings concerning the management of public right of ways in the City of Philadelphia and to hear testimony on reasonable fees for the same for the telecommunications industry pursuant to Section 253 under the Federal Telecommunications Act of 1996 (47 U.S.C. 151 et. seq.)
Body
WHEREAS, Congress enacted and the President signed the Telecommunications Act of 1996; and

WHEREAS, Pursuant to the Telecommunications Act of 1996 Congress restricted the rights of state and local governments to regulate access to public right of ways and certain private right of ways as a means to avoid barriers to local competition; and

WHEREAS Congress has provided to the states certain residual police powers affecting the health, safety, and welfare of the people; and

WHEREAS, Congress has provided a certain authority to manage public right of ways and provided to local government ways to receive fair and reasonable compensation therefore; and

WHEREAS; The Federal Communications Commission pursuant to the mandate of Congress has provided that the types of restrictions Congress intended to permit under Section 253 (c) of the Telecommunications Act are as follows: Regulating the time or location of excavation to preserve effective traffic flow, prevent hazardous road conditions, or minimize noise conditions; requiring a facility to place its facilities underground, rather than overhead, consistent with the requirements placed on any other utility company; requiring a company to pay fees to recover an appropriate share of the increased street repair and paving costs that result from repeated excavations; enforcing local zoning regulations; and requiring a company to indemnify the City against any claims of injury arising from the company's excavation; and

WHEREAS, Since the implementation of the Telecommunications Act of 1996 the City of Philadelphia has not sought to act upon the residual police power...