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Legislation #: 970315 Introduction Date: 3/13/1997
Type: Resolution Effective Date: none
Sponsor: COUNCILMEMBER ASJES AND COUNCILMEMBER SWOPE
Title: Expressing the Council's opposition to the enactment of a new Section 392.410.7, Revised Statutes of Missouri, by House Bill 620 relating to restricting a municipality's ability to operate a telecommunications utility, and urging the Missouri Senate to reject the enactment of new Section 392.410.7.

Legislation History
DateMinutesDescription
3/14/1997

Referred Finance & Administration Committee

3/13/1997

Referred Finance & Administration Committee

3/19/1997

Hold Off Agenda

1/21/1998

Released


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RESOLUTION 970315

 

Expressing the Council's opposition to the enactment of a new Section 392.410.7, Revised Statutes of Missouri, by House Bill 620 relating to restricting a municipality's ability to operate a telecommunications utility, and urging the Missouri Senate to reject the enactment of new Section 392.410.7.

 

WHEREAS, House Bill 620, now before the Missouri General Assembly, would amend section 392.410.7, Revised Statutes of Missouri, by prohibiting a municipality from engaging in operating a telecommunications utility; and

 

WHEREAS, a new subsection 7 of section 392.410, if enacted, would read:

 

7. No political subdivision of this state shall provide or offer for sale, either to the public or to a telecommunications provider, a telecommunications service or telecommunications facility used to provide a telecommunications service for which a certificate of convenience and necessity is required pursuant to this section. Nothing in this subsection shall be construed to restrict a political subdivision from providing telecommunications services or facilities:

 

(1) For its own use;

(2) For 911, E-911 or other emergency services;

(3) For medical or educational purposes; or

(4) To students by an educational institution.

 

WHEREAS, the General Assembly has not restricted the ability of a city to operate utilities to provide energy, water or sewer services to citizens, or to operate a cable television service for its citizens; and

 

WHEREAS, although by amending section 392.410.3 House Bill 620 properly recognizes that local telephone service is no longer a monopoly industry, it limits competition by not permitting a municipality to make available existing or future telecommunications facilities, which include lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated, controlled or owned by any entity that owns, operates, controls or manages any facilities used to provide telecommunications service for hire, sale or resale within the State; and

 

WHEREAS, House Bill 620 is vague with respect to wireless communications and could be interpreted to prohibit the use of municipal property to provide access to wireless communications providers to provide telecommunications service to citizens and businesses, even though the use of municipal property can in many instances prevent the construction of new monopoles or towers to the perceived detriment of residential property owners or occupants; and

 

WHEREAS, the City has recently entered into an agreement with UniSite, Inc., by which UniSite will provide marketing, engineering, construction and administrative services to the City for the purpose of encouraging the location of private wireless communications providers on public buildings and property, but this contract could fall within the vague terms of House Bill 620 as it relates to wireless communications, and the contract's benefits to the citizens of Kansas City could be placed in jeopardy by adoption of a new section 392.410.7, Revised Statutes of Missouri; and

 

WHEREAS, House Bill 620 treats incumbent telephone utilities differently from all other utilities and cable television operators without any apparent benefit to the residents of cities able and willing to provide telecommunications services to citizens;

 

WHEREAS, the Missouri House of Representatives has passed House Bill 620, but the Missouri Senate has not yet considered this bill or a companion bill; NOW, THEREFORE,

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That the Council of Kansas City hereby expresses its opposition to the inclusion of a new subsection 7 in section 392.140, Revised Statutes of Missouri, as proposed by House Bill 620, and urges the Missouri General Assembly to reject this proposed limitation on municipal authority to provide services to citizens.