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Legislation #: 970128 Introduction Date: 1/30/1997
Type: Resolution Effective Date: 2/6/1997
Sponsor: COUNCILMEMBER ASJES
Title: Expressing the Council's opposition to Section 18 of House Bill 176 relating to telecommunications contractors and urging the Missouri General Assembly to reject state preemption of local control over rights of way and other common regulatory measures.

Legislation History
DateMinutesDescription
1/30/1997

Prepare to Introduce

1/30/1997

Referred City Operations Committee

2/5/1997

Immediate Adoption

2/6/1997

Adopted


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RESOLUTION NO. 970128

 

Expressing the Council's opposition to Section 18 of House Bill 176 relating to telecommunications contractors and urging the Missouri General Assembly to reject state preemption of local control over rights of way and other common regulatory measures.

 

WHEREAS, House Bill 176, now before the Missouri General Assembly, would establish a statewide licensing scheme for telecommunications and information systems contractors; and

 

WHEREAS, included in this proposed regulatory measure is Section 18, that, if enacted, would read:

 

[N]o county of the first or second classification, or any municipality, county commission, city or political subdivision located in a county of the first or second classification, may enact or enforce an ordinance, order, rule, regulation or other enforcement mechanism which restricts, impairs or regulates the construction, erection, installation, maintenance, testing, repair, alteration or renovation of telecommunication or information technology systems, including telephone equipment, video equipment, fiber optic equipment or computer systems or any other medium, wiring, cabling-infrastructure, equipment, apparatus, device or component of any kind utilized in the transmission of data, sound, voice, video or other signaling means.

 

The general assembly hereby preempts the field regulating regarding such telecommunication and information technology systems as against all such governmental entities. All existing and any future ordinances, orders, rules, regulations and other enforcement mechanisms regarding such telecommunication or information technology systems enacted by any such governmental entity are null and void.

 

WHEREAS, the rights of way controlled by the City constitute a valuable public resource, which must be managed and protected for the benefit of all citizens and businesses within the City; and

 

WHEREAS, the preemption of local regulations encompassed within House Bill 176 could apply to regulations such as the Kansas City Building Code, including the City's adoption of the National Electrical Code, denying the people of the City the benefits of these safety regulations; and

 

WHEREAS, House Bill 176 could preempt all local regulations, including the zoning ordinance, designed to protect residential neighborhoods from the adverse affects of certain wireless communications towers, monopolies and other equipment; and

 

WHEREAS, street cut permits and the associated inspections, bonds, and insurance requirements could be preempted by House Bill 176 leaving the City at the mercy of any telecommunications operator's unregulated intrusion into the public rights of way; and

 

WHEREAS, unregulated operation in the City's rights of way may be the result of House Bill 176, but no provision of the proposed law modifies the waiver of sovereign immunity for the condition of the public rights of way, thus leaving the City responsible for conditions it cannot regulate; and

 

WHEREAS, House Bill 176 could prevent the City from attempting to schedule and manage street cuts and the associated inconvenience to pedestrians and motorists caused by multiple unplanned street cuts; and

 

WHEREAS, the proposed legislation includes definitions of telecommunications contractors so broad that the City's current cable television regulations and franchise arrangement with American Cablevision could be jeopardized; and

 

WHEREAS, requiring the City to make available its public rights of way at no cost to any telecommunications operator could constitute a new state-imposed activity no-cost access to public property without the state providing funds for the costs incurred by the City despite the requirements of the Hancock Amendment; and

 

WHEREAS, House Bill 176 does nothing to further the national telecommunications policy set forth by the United States through the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996 which contemplates the full participation of local governments with state and federal authorities in implementing telecommunications policy; NOW, THEREFORE

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That the Council of Kansas City hereby expresses its opposition to Section 18 of House Bill 176 and urges the Missouri General Assembly to reject state preemption of local control over municipal rights of way and other common regulatory measures.