Res 09-98 RESOLUTION NO. 9-98
A' RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OPPOSING HOUSE BILL NO. 3291
REGARDING FEES FOR USE OF CITY RIGHTS-OF-WAY BY
TELECOMMUNICATIONS COMPANIES, INCLUDING ANY
PROPOSAL TO PLACE ADDITIONAL RESTRICTIONS AND/OR
LIMITATIONS ON FRANCHISE FEES CHARGED BY
MUNICIPALITIES TO FOR-PROFIT TELECOMMUNICATIONS
PROVIDERS FOR SAID USE AND PERMITTING SUCH
PROVIDERS TO USE PUBLIC LANDS WITHOUT SEEKING
ADDITIONAL AUTHORITY FROM CITIES.
WHEREAS, House Bill No. 3291 concerns fees paid to
municipalities for the use of public rights-of-way by
telecommunications companies; and
WHEREAS, the existing state law allows municipalities to
charge telecommunications companies up to one percent (1%) of their
gross revenues in franchise fees, and those firms that provide cable
television, gas and electricity pay similar fees; and
WHEREAS, with the proposed bill, the telecommunications
industry hopes to place stricter caps on what cities may collect,
which would give for-profit telecommunications companies nearly free
access to land for which the municipalities should be justly
compensated; and
WHEREAS, language in the proposed bill could further permit
telecommunications providers to conduct their business on public
lands without seeking "additional authority" from the cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission hereby opposes House
Bill No. 3291 regarding fees for use of City rights-of-way by
telecommunications companies.
Section 2. That opposition to House Bill No. 3291 is
specifically directed to any proposal to place additional
restrictions and/or limitations on franchise fees charged by
municipalities to for-profit telecommunications providers for said
use, and further to permit such providers to use public lands without
seeking additional authority from cities.
Section 3. That the City Clerk is hereby directed to send
a copy of this resolution to the Florida League of Cities, the Palm
Beach County Legislative Delegation, the sponsors of House Bill No.
3291 and other concerned parties as may be appropriate.
Section 4. That this resolution shall take effect
immediately upon passage.
PASSED AND ~OPTED in regular session on this the 20th day
of January, 1998.
ATTEST:
City Cl~k !
- 2 - Res. No. 9-98
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pe, Lroa~
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali,America City
1993
January 29, 1998
Kelvin J. Robinson, Director
Legislative and Public Affairs
Florida League of Cities, Inc.
P.O. Box 1757
Tallahassee, FL 32302-1757
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Mr. Robinson:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry ~
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
£1TV Iii: gELRI:IV BEI:I£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII,Ar~rica City
1993
January 29, 1998
The Honorable Carlos Valdes
Florida House of Representatives
Office of the Speaker
Capitol Building Room 420
Tallahassee, FL 32399-1300
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Valdes:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
£1T¥ JIF I]ELRI:I¥ BER£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~lI,America ¢i~
1993
January 29, 1998
The Honorable Rudolph Garcia, Jr.
Florida House of Representatives
Office of the Speaker
Capitol Building Room 420
Tallahassee, FL 32399-1300
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Garcia:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk ~v~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
(~ Printed on Recycled Paper
£1TV I]F DELRI:IV BER£H
DELRAY BEACH
100 N.W. 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali. America City
1993
January 28, 1998
The Honorable Luis Morse
Florida House of Representatives
Office of the Speaker
Capitol Building Room 420
Tallahassee, FL 32399-1300
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Morse:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Pr~ted on Recycled Paper
£1TV DF DELRR¥
DELI~AY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243.7000
AII.Amrica City
1993
January 29, 1998
The Honorable Bruno Barreiro
Florida House of Representatives
Office of the Speaker
Capitol Building Room 420
Tallahassee, FL 32399-1300
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Barreiro:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harty
City Clerk /~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Paper
[lTV JIF DELRRq BER[H
DELRAY BEACH
100 N.W. 15t AVENUE · DF_LRAY BEACH, FLORIDA 33444 · 407/243.7000
~lI.Ame~ca Cit~
1993
January 29, 1998
The Honorable Daniel Webster
Speaker of the House of Representatives
Office of the Speaker
Capitol Building Room 420
Tallahassee, FL 32399-1300
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Webster:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk ,~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Pr/nted on Recycled Paper
ClTV OF DELRRV BER£H
DELRAY BEACH
100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~ll4merica ¢it¥
1993
January 30, 1998
The Honorable W. G. Myers
The Florida State Senate
The Capitol
Senate Office Building #308
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Senator Myers:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harty
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Paper
CITY DF DELRrI¥ BEI £H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali. America City
1993
January 30, 1998
The Honorable Ron Klein
The Florida State Senate
The Capitol
Senate Office Building #308
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Senator Klein:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harty ~
City Clerk
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
CITYDELRR¥ BER£K
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~ll,~,merica ¢i~
1993
January 30, 1998
The Honorable Kenneth Jenne II
The Florida State Senate
The Capitol
Senate Office Building #308
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Senator Jenne:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harty
City Clerk ~
AMa/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
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DELRAY BEACH
100 N.W. 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali. America City
1993
January 30, 1998
The Honorable Matthew Meadows
The Florida State Senate
The Capitol
Senate Office Building #308
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Rights-of-Way Act)
Dear Senator Meadows:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harty
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Paper
£1T¥ DF DELRI:IV BER£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali,America City
1993
January 30, 1998
The Honorable Jim Scott
The Florida State Senate
The Capitol
Senate Office Building #308
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Rights-of-Way Act)
Dear Senator Scott:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on Recyclecl Paper
[lTV DF DELRR¥ BER[H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~lI.America City
1993
January 30, 1998
The Honorable Tom Rossin
The Florida State Senate
The Capitol
Senate Office Building #308
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Wa¥ Act}
Dear Senator Rossin:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on Recycle~l Paper
£1T¥ ai: DELRR¥ BER£H
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali. America City
1993
January 30, 1998
The Honorable Rick Minton
Florida House of Representatives
The Capitol
House Office Building #330
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Minton:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harty ~
City Clerk
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Pn'nted on Recycled Paper
[ITY Ill: i]ELR ¥ BER£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali.America Ci~/
1993
January 30, 1998
The Honorable Tom Warner
Florida House of Representatives
The Capitol
House Office Building
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Warner:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry llZ~'"
City Clerk
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
rlT¥ aF DELRg¥ BEKCK
DELRAY BEACH
~ ~ o , . D ^ 100N.W. lstAVENUE · DELRAYBEACH, FLORIDA33444 · 407/243-7000
Ali. America City
1993
January 30, 1998
The Honorable Sharon Merchant
Florida House of Representatives
The Capitol
House Office Building
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Merchant:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
· n MacGregor Harry '
City Clerk
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Prin/ed on Recycled Paper
[lTV DE: DELRI:BV BER£H
100 N,W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali. America City
1993
January 30, 1998
The Honorable Addie Greene
Florida House of Representatives
The Capitol
House Office Building
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Greene:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
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PE'LR°AY' B'E^~H~ too N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali,America City
1993
January 30, 1998
The Honorable Lois Frankel
Florida House of Representatives
The Capitol
House Office Building
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Frankel:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Pr/nted on Recycled Paper
(:lTV (IF I]ELRI:IV BER£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali.America City
1993
January 30, 1998
The Honorable Ed Healey
Florida House of Representatives
The Capitol
House Office Building
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Healey:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk ~
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Paper
CITYDELRR¥ BEI:I£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~,ll.~metica City
1993
January 30, 1998
The Honorable Suzanne Jacobs
Florida House of Representatives
The Capitol
House Office Building #207
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Rights-of-Way Act)
Dear Representative Jacobs:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harty U~
City Clerk
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
£1T¥ DELRK BER£K
DELRAY BEACH
o . , o ^ 100N.W. lstAVENUE · DELRAY BEACH, FLORIDA33444 · 407/243-7000
~lI.America City
1993
January 30, 1998
The Honorable William Andrews
Florida House of Representatives
The Capitol
House Office Building #48
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Andrews:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Pnnled on Recycled Paper
£1TY JIF aELgg¥ BER[H
DFLR^Y BI:ACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali.America City
1993
January 30, 1998
The Honorable Barry Silver
Florida House of Representatives
The Capitol
House Office Building #207
Tallahassee, FL 32399-1100
Re: MB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Representative Silver:
Enclosed please find a copy of Resolution No. 9-98 opposing Mouse
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printed on RecycJed Paper
[lTV DF DELRR¥ BER£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali.America City
1993
January 30, 1998
The Honorable Debby Sanderson
Florida House of Representatives
The Capitol
House Office Building #207
Tallahassee, FL 32399-1100
Re: HB 3291 (Telecommunications Rights-of-Way Act)
Dear Representative Sanderson:
Enclosed please find a copy of Resolution No. 9-98 opposing House
Bill 3291.
Resolution No. 9-98 was passed by the Delray Beach City
Commission on January 20, 1998.
Sincerely,
Alison MacGregor Harry
City Clerk f
AMH/cm
Enclosure
THE EFFORT ALWAYS MATTERS
Printecl on Recycled Paper
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 3~4 · 407/243-7000
AII.A~ica Ci~
1993
January 29, 1998
Ms. Mary Baruch
Administrative Assistant
Palm Beach County Legislative Delegation
301 North Olive Avenue, 10th Floor
West Palm Beach, FL 33401
Re: HB 3291 (Telecommunications Riqhts-of-Way Act)
Dear Ms. Baruch:
Enclosed please find a copy of Resolution No. 9-98 opposing State
House Bill 3291 regarding fees for use of City right-of-ways by
telecommunication companies. This resolution was passed and
adopted by the Delray Beach City Commission in regular session on
January 20, 1998.
The City Commission opposes the provisions of House Bill 3291 and
strongly urges Florida's legislators to act promptly to enact
same.
Please ensure that this resolution is forwarded to each member of
the Palm Beach County Legislative Delegation, with our thanks in
advance for their serious consideration and support of Delray
Beach's position.
Thank you for your assistance. If you have any questions, please
do not hesitate to call me at 561/243-7050.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/cm
Enclosure
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Printed on Recycled Paper
FAX COVER PAGE
Palm Beach County Municipal League
301 North Olive Avenue, Ste 1002.17
West Palm Beach,FL_ 33401 USA
Tel Number: (561) 355-4484
Fax Number: (561) 355-6545
From: Linda Ramirez
To: City of Delray Beach
Fax Number:9-1-561-243-7166 Total pages including this page: 3
Message:
Dear Municipal Members:
The attached is a copy of the Resolution 98-01 which was passed by
the League's Board of Directors at the January 14, 1998 Board meeting.
FROM: P.B. County Municipal League PHONE NO.: (561) 355-4484 Jan 29, 1998 11:05 AM P 2/3
RESOLUTION NO. 98-1
A RESOLUTION OF THE PALM BEACH COUNTY MUNICIPAL LEAGUE,
INC, EXPRESSING ITS VIGOROUS OPPOSITION TO HOUSE BILL 3291
WHICH IS SOMETIMES CITED AS THE "TELECOMMUNICATIONS RIGHTS-
OF-WAY ACT" OR ANY SIMILAR LEGISLATION SINCE SUCH ACT OR
LEGISLATION WOULD I-IAVE SIGNIFICANT ADVERSE IMPACTS ~VITH
REGARD TO A LOCAL GOVERNMENT'S AUTHORITY OVER ITS PUBLIC
RIGHTS-OF-WAY AS WELL AS ITS AUTHORITY OVER THE
TELECOMMUNICATIONS PROVIDERS WHO MAY WISH TO UTILIZE
SAME; PROVIDING FOR DISTRIBUTION OF THIS RF_3OLUTION;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WI-II/REAS, the Palm Beach County Municipal League, Inc. has been fully informed with
regard to proposed House Bill 3291 which is also known as the "Telecommunications Rights-of-
Way Act"; and
WHEREAS, both the Board of Directors and the General Membership of the Palm Beach
County Municipal League, Inc. which includes all thirty-eight (38) municipalities within PaLm Beach
County have been fully informed with regard to this legislation; and
WHEREAS, this proposed legislation has significant adverse impacts with regard to a local
government's authority over its public rights-ofrway as well as its authority over the
telecommunications providers who may wish to utilize same; and
WHEREAS, this proposed legislation will severely diminish revexsues now provided through
franchise fees levied for the use of these rights-of-way and will infringe on local governments' home
role powers; and
WHEREAS, the Palm Beach County Municipal League, Inc. believes this proposed
legislation represents an unfunded mandate, as well since the reduction of money now collected
through franchise fees would create a shortfalI in revenues generally collected thus, potentially
resulting in property tax increases to residents in order to recover such lost revenues.
NOW, THEREFORE, BE IT RESOLVED BY THE PALM BEACH COUNTY
MUNIC/PAL LEAGUE, INC. THAT:
Section 1: The Board of Directors and the General Membership of the Palm Beach
FR',.DM: P.B.County Municipal League PHONE NO: (561) 355-4484 Jan 29, 1998 1106 AM P 313
County Municipal League, Inc. which includes all thitty-gight (38) municipalities located within
Palm Bosch County vigorously OPPOSE House Bill 3291 known as the "Telecommunications
Right-of-Way Act" or any other similar legislation which would have tho offect of eliminating a
local govemm~mt's ability to control utilization of fights-of-way located within its jurisdiction as
well as limiting tho type and amount of compensation a local government can charge for the use of
this limited resource.
~: This Resolution shall be submitted to the Palm Beach County Legislative
DeIegation and to the Florida League of Cities.
S_e~tion 3: This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of ., 1998.
PALM BEACH COUNTY MUNICIPAL
LEAGUE, INC.
Ron T. Mackail, Presidont
Attest:
(Seal)
Gale M. English, Secretary/Treasurer
F:kloes~lVlunicip~l l..gagu e~re go I u 17 .x~pd
-2-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # gM - REGULAR MEETING OF JANUARY 20, 1998
RESOLUTION NO. 9-98 (HB 3291/TELECOMMIINICATIONS
RIGHTS-OF-WAY ACT)
DATE: JANUARY 15, 1998
At the January 6th regular meeting, Mrs. Jean Beer made a
statement under public comments that P.R.O.D. (Progressive
Residents of Delray) is strongly opposed to the provisions of
House Bill 3291 known as the telecommunications rights-of-way act
and urged the City Commission to oppose this proposed legislation.
It was the consensus of the Commission to support a resolution
opposing House Bill 3291. Resolution No. 9-98 has been drafted in
response.
House Bill 3291 concerns fees paid to municipalities for the use
of public rights-of-way. The existing state law allows
municipalities to charge telecommunications companies up to one
percent of their gross revenues in franchise fees, and those firms
that provide cable television, gas and electricity pay similar
fees. Under House Bill 3291, the telecommunications industry
hopes to place stricter caps on what cities may collect, which
would give for-profit telecommunications providers nearly free
access to land for which the municipalities should be compensated.
Further, language in the proposed bill could permit
telecommunications providers to use public lands without seeking
"additional authority" from the cities.
Resolution No. 9-98 opposes House Bill 3291, including any
proposal to place additional restrictions and/or limitations on
franchise fees charged by municipalities to for-profit
telecommunications providers for the use of public rights-of-way
and permitting providers to use public lands without seeking
additional authority from the cities.
Recommend approval of Resolution No. 9-98.
ref:agmemol2
1997 B5:32:17 Via Pax -> +4f1724371GG Dauid T. Harden Page BB3 0£ BB7
Florida House of Representatives - 1998 HB 3291
By Representatives Valdes, Garoia, Morse and Barreiro
1 A bill to be entitled
2 An act relating to public rights-of-way;
3 creating s. 337.4011, F.S., creating the
4 "Telecommunications Rights-of-Way Act";
5 creating s. 337.4012, F.S., providing
6 legislative findings and intent; creating s.
7 337.4013, F.S., providing definitions; creating
8 s. 337.4014, F.S., providing requirements with
9 respect to consent necessary for the use of
10 streets and public rights-of-way: creating s.
11 337.4015, F.S., providing for permissible
11 taxes, fees, and charges; providing an
13 effective date.
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 337.4011, Florida Statutes, is
18 created to read:
19 337.4011 Short title.--Sections 337.4011-337.4015 may..
20 be cited as the "Telecommunicatio~s ~%ghts-of-Way Ac=."
21 Section 2. Section 337.4012, Florida Statutes, is
22 created to read:
23 337.4012' Legislative findings and intent.--
24 (1} The Legislature finds that because the pu~.llc
25 rights-of-way are dedicated to and held on a non~roprietary
26 basis in trust for use of the public~ thsir use ~
27 tmlecommunications companies is consistent with the policies
28 o£ the state expressed in chapter 364 and is appropriate for
29. the public good.
30 (2} It is the intent of the Legislature that nothing
31 in this act shall be construed to alte~ or diminish the
1
CODING:Words ~ are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3291
225-202A-98
! authority of local government to lawfull¥ exercise their
2 police powers within their boundariesr andr sub~ect to such
3 reservation of authorityt that=
4 (a} The constructionr maintenance, oper&tionf
5 oversightt and regulation of telecommunications providers and
6 ~heir facilities is a matter of statewid~ ~o.ncern.a~ ......
7 interest;
8 (bi Telecommunications providers operatin~ under the
9 authority of the Federal Communications Comm~a~lon or th,
10 Florida Public Service commission pursuant to chapter 364~
11 require no additional authorization from an~ local
12 of the state to conduct business within a given geographic
13 area and that no such local ~overnment has ~urisdiction t~
14 regulate telecommunications ~roviders based upon the content,
15 nature~ or t~pe of telecommunicat~ons service or signal they
16 provide except to the extent expressly granted by federal or
17 state leqislation~ and
18 {c) As provided for in s. 362.01~ telecommunications
19 providers have a right to occupy and utilize the public
20 rights-of-way for the efficient conduct of their busineSs.
21 ~} It is further the intent of the Le~_~'slature that,
22 in administering the public rights-of-way, no local ~over~ent
23 shall require a telecommunications provider to pay for the use
24 of the rights-of-way. Howeverr a local government having
2S authorit~ to do so may recover its .costs of managing the
26 public rights-of-way as provided herein.
27 Section 3. Section 337.4013, Florida Statutes, is
28 created to read:
29 337.4013 Definitions.--
30 {~1} "Local government" means an authority =hat has
31 control of public roads~ streetsr and rights-of-way.
CODrNc:Words~i~==~,, are deletions= words underlined are additions.
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Florida House of Representatives.- 1998 HB 3291
225-202A-98
1 (2} "Management costs" means the actual costs a local
2 government incurs in managin~ its public riqhts-of-way a~
3 includas the coats of issuing and processinq riqhts-of-wa¥
4 construction permits, inspectin~ ~ob sites and restoration
5 projects, determininq the adequacy of rights-of-way
6 restorationt restorinq work inadequately performed after
7 providing notice and the opportunity to coffee= the work, and
8 ~evoking rights-of-wa¥ permita. Management costs do not
9 include payment for use of the public rig~ts-of-wa~, attorney
10 and consul:aB: fees and coats aseociata~ with ordinance~ feet
11 or cost development~ or the costa, and fees of litigation
12 relatiog to ri~hts-of-wa¥.
13 (3} "Public streets and riqhts-of-wa~" o=
14 "rights-of-wa~- includes. ....all roadst streets~ and alleys, and__
15 all other dedicated ri~h~a-of-wa~ and utility eaaements of the
16 state or any of its local governments~ whether located within
17 the boundaries of a .local ~overnment or otherwiae.
lfl (41 "Telecommunications provider" or "provider" has
19 the same meanin~ as "telecommunications company'! aa defined in
20 s. 364.02(12).
21 Section 4. Section 337.4014, Florida Statutea, ia
22 created =o read:
23 337.4014 Consent necessarx to use of streets.--
24 (1) A telecommunications provider that; on or before
25 the effective d~ of this sectiont either has obtained
26 permission of the incorporated clt~ or town havinq express
27 ~utho=it~ to require such permission or is lawfully occupying
28 ~ublic streets and. rights-of-way shall not be required to
29 obtain additional or continued consent to continue such lawful
30 occupation of the ~ublic streets and riqhts-of-way.
31
3
CODING:Words ~ are deletlons; words underlined are additions.
1997 B5:33:55 Via ?ax -> +qBTZq37166 Dauid T. Harden Page BBS Of BB?
Florida House of Representatives - 1998 HB 3291
225-202A-98
1 ~2} Where expressly required by statute,.permission to
2 occupy public streets and riqhts-of-wa¥ within an incorporated
3 city or town is a function of and may only be ba~ed upon
4 lawful exercise of the police powe~.
5 (3) TelecommunicatiOns providers require no additional
6 .~uthorization £rom any local government ~ th~. s~a~=e
7 conduct business.
B Section 5. section 337.4015, Florida Statutes, is
9 created to read:
10 337.401~ Permissible taxc~., fees~ and charges.--
11 (1) No local government shall lev~..a t&x~ f~e~ or
12 charge for any right or privilege of en~s~ng in a
13 telecommunications businmss other than an occupational license
14 tax pursuant to cha~ter
15 ~2)(a} A local government may recOVer its
1~ rights-of-way management costs b~ imposi~ a fee for each
17 ri~hts-of-wa¥ Permit. A local ~overnment may not recover ~rom
18 a telecommunications provider costs caused by another
19 ~ctivit¥ in the rights-of-way.
20 (b) Fees imposed by a local government on
21 telecommunications providers must be:
22 1. L~mited to the local goverm~ent's management coets~
23 ~. Based on an allocation among all users of the
24 public rights-of-way, including the local government itself~
25 which shall re£1ect the proportionate costs i~sed on the
26 local ~overnment by each of the various t~pes of uses of the
27 public ri~hts-of-wa~
28 3. Imposed on a competitively neutral basis= -
29 4. Imposed in a manner so that aboveground uses of
30 public ri~hts-of-wa~ ~o not bear costs incurred by the local
4
CODING:Words ~ are deletions~ words underlined are additions.
1977.B.5:3,4:29 Via Fax -> +4BTZ43?IGG Daui& ?. Harden Page fiB? Of fiB?
Florida House of Representativss- 1998 HB 3291
225-202A-98
1 government to regulate undsrqround uses of public
2 rights-of-way; and
3 5. Within the limits of s. 337.401.
4 (c) In any controversy, concerning the appropriateness
5 of a fee or chargew the local government shall have the burden
6 of ~Xoving that the fee or charge is reasonably reIated to the
7 direct costs incurred by such local government.
8 (d} The rightsr dutiesr and obligations.regarding the
9 use of the public rights-of-way imposed under this section
10 must be applied to all users of the publicrights-of-wa¥,
11 including local government.
12 (3) In managing the public rights-of-way and in
13 imposing fees under thi~,,~ectionr no local government may
14 require a telecommunications provider to pay for the use of
15 the public streets or rights-of-way.
16 (4! Taxes, feesf and charges imposed shall not be
17 co~lected through the provision of in-kind sez~_!ces or
18 facilities as a condition of permission to occup_¥, streets or.
19 rights-of-way.
20 (5) Nothing in ss. 337.4011-337.4015 shall be
21 construed to grant a local government authority to impose any
22 fee not authorized by law in effect on December Ir 1997.
23 Section 6. This act shall take effect upon becoming a
24 law.
25
27 HOUSE SUMMARY
28
Creates the "Telecom~.unicatigns Right,-of-Way Act" to
29 provide for the_regglation or access ~o.pub~c streets
~no. Dgbllc righ=~uo£-way in Sn¢orpgra=99. gi~xes.a~d.~owns
30 Dy ts±econo,unica=Ions companies, see Dl1£ rot ~e=alls.
31
5
CODINg:Words s~ are deletimns; words underlined are additions.
Duc Z8:'1997 55:':11:Z8 Via Fax -> +4BTZ4371GG Dauid T. H~r&e:n Page BB1 Iii' BB?
LEAGUE OF CITIES, INC.
Memorandum
TO: KEY OFFICIALS
FROM: Kelvin J. Robinson, Director
Legislative and Public Affairs l,~'''''--
DATE: December 19, 1997 '
RE: I-IB 3291 (Telecommunications Rights-of-Way Act)
LJf, GISLA TIVE ALERT-- URGENT ACTION RE O UES TED I !
Attached is a copy of House Bill 3291 Crelecommunieafions Rights-of-Way
Act) which has been filed by Representatives Carlos Valdes, Rudolfo
"Rudy" Gareia, Jr., Luis Morse and Bruno Barreiro. Thin bill i~,,,0n, a "fast
_track" and is sche~luled to b_e heard by the' House Utilities. and
_Communications Committee onTuesdav. January 6. 1997 at 9:00 a.m In
_room 317 C in the Capitol building.
Please provide a copy of this bill to your City Manager, City Attorney,
Finance Officer, Rights-of Way/Planning Manager and City Commission as
soon as possible to determine the impact to your city's rights-of way,
franchise and revenue authority.
Also, please gontnct your le~sistors now, especially the bill sponsors and
members of the Utilities and Communications Committee (U&C), to share
your concerns regarding this bill. The members of the committee are
Representatives:
Joe Amall, Chair Rudy Bradley, Vice Chair Nancy Argenziano
Tom Feeney Carl Littlefield Sharon Merchant
Jeff Stabins John Thrasher Janegale Boyd
Willie Logan Debbie Wasserman Schultz Tracy Stafford
Jarnie Westbrook
201 Went Park Avenue · P.O, Box 1757 · Tallahaas~e, Florida 32302-1757 · (904) 222-2684 . Sunc~m 278-5331
Dec 20 1557 85:31:5G Via Fax -> +487Z4371GG Daoid T. Harden Pa,.te 8flZ Of 887
Kcy Officials
Legislative Alert
Page 2
Finally, it is essential that there be municipal rcprescntafivcs at this first
mccting; especially.., if your. memb~ serves on.~thc'-(U&C) committee or'ii~'
onc of thc sponsors of this bill. Please contact mc or Carol Dixon, my
assistant, at 800-3~S2-8112 as soon as possible, to let us know of your
awilability to atterid.
01-%14-1998 o15:1¢ FL LEA8 OF CITIES P.01
::' '~ /'i ...... ' ' '
FLORIDA
LEAGUE OF
~.F'ITIES~ INC. 1997 Legislative Conference
November ~0-~1, 1997 - Hyau
201 W~t Park Avenue Orl~do Int~ational Ai~o~
P.O. Box 1757
~lah~, ~ 32~17~7
(~) 22~96~
Suncom 278-$331
F~: (~) 222-3~
SENDER'S NAME:
~ /
COVER SHEET AND ~ PAGE(S)
SPECIAL INSTRUCTIONS:
Please call (904) 222-9684 if you have any questions or experience any problems in receiving thi~ telecopy,
~31-$1~-1998-15:11 FL LEAa OF CITIES P.~)~
Cl~ OF CORAL GASLES, FLORIDA
RESOLUTION NO, ~467
A RESOLUTION OF CORAL GABLES CI~ COMMISSION OPPOSING
HOUSE BILL NO, 5291 ~RESENTLY IN COMMI~EE IN FLORIDA
LEGIS~TURE REGARDING FRANCHISE FEES FOR UNDERGROUND
RIGHT-OF-WAY ACCESS TO BU~ TELEPHONE LINES:
OPPOSITION BEING MAOE TO ANY PROPOSAL TO P~ UNFAIR
RESTRICTIONS AND/OR LIMITATIONS ON FRANCHISE FEES CHARGED
BY MUNICIPALITIES TO FOR-P~FIT TELEPHONE COMPANIES FOR
SAID SERVICES AND PERMI~ING THEIR BUSINESS TO BE CONDUCTED
ON PUBUC ~NDS WITHOUT S~EKING ADDITIONAL AUTHORI~ FROM
CITIES.
WHEREAS, HOUSe Bill NO. 329~ Is presently in committee In the current ses-
sion of the Floriaa Legislature, which concerns franchise fe~ paid to municipalities
for the underground right.of-way access to bu~ telephone II~es: ~na
WHEREAS, the existing State Law allows municipalities to charge telephone
companies up to 1% of their gross revenues In franchise fees, aha those firms that
provide cable ~elevlslon, gas and elec~lcl~ PaY similar fees; and
WHEREAS, with the Proposed Bill, the telecommunications Indust~ hOPeS
to place stricter ~Ps on what cities may collect, which wOUla give for-profit tele-
phone companies nearly free access to lana for wfliCh the municipalities shoula De
iustly COmDen~te~; aha
WHEREAS, language in the proposed Bill could further permit telephone
companies to conduct t~elr business on public lanas without seeking "aOditional
authorlW" from the Cities;
NOW, THEREFORE, BE IT RESOVELO BY THE COMMISSION OF THE CITY OF CORAL
GABLES:
1. That the Coral Gables ClW Commission opposes House Bill No. 3291 pre.
senClv In committee In the Florlaa Legislature regaralng franchise fees for unaer-
grounO right-Of-Way access ~o Duty telephone lines.
2. That opposition to HOUSe Bill NO. 3291 Is sPeciFically OlrecCeO to any pro-
posal to place unfair restrictions a~G/or llmi~tions on franchiSe fees c~argeG DY
the municipalities to for-profit telephone companies for said se~lces, ana further
~o permit their business to be conaucted on public lanOs without Seeking
[ion31 authority from the cities.
5. That the CIW Clerk is hereby airectea [0 FAX this resolution to the Presi-
dent of the FlOrlaa League of Cities aha to the sponso~ of House Bill NO. 3291
all concerned berries.
4. That this resolution s~all become e~fectlve upon the date of its aaoption
herein.
PASSED AND AOOPTEO THIS SI~H DAY OF JANUARY, A. D., I
RAUL J. VALDES-FAULI
aTTEST: MAYOR
VIRGINIA L. PAUL
CITY CLERK
f31'r14--1998"lS:l~ FL LEAG OF CITIES
],.~n 08-gEl 12:45P
CITY OF CORAL GABLES, FLORIDA
I~ESOLUTION NO. 29467
A RESOLUTION OF CORAL GABLES CITY COMMISSION
HOUSE BILL NO, 5291 PRESENTLY IN COMMI1TEE IN FLORIOA
LEGISLATURE REGARDING FRANCHISE FEES FOR UNDERGROUND
RIGHT-OF-WAY ACCESS TO BURY TELEPHONE LINES; SAIO
OPPOSITION BEING MADE TO ANY I~OPOSAL TO PLACE UNFAIR
RESTRICTIONS AND/OR LIMITATIONS ON FRANCHISE FEES CHARGED
BY MUNICIPALITIES TO FOR-PROFIT TELEPHONE COMPANIES FOR
SAID SERVICES AND PERMITTING THEIR BUSINESS TO BE CONDUCTED
ON PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY FROM
ClTIES.
WHEREAS, HOUSe Bill NO. 529q IS oresenUv in committee In the current ses-
sion of the rloric~a Legislature, which concerns franchise fees paid to rnunlclpalltles
For the underground right-of-way access to bury telephone lines; and
WHEREAS, trte existing State Law allows municipalities to charge telephone
companies up to 1% of [heir gross revenues In franclqlse fees, and those firms that
provide caDle television, gas and electrlclty Dav similar fees; and
WHEREAS, Wltrt the proDosecl BIll, the [elecommunlcaUons Inclustrv hOPeS
to Olace stricter caps on what cities may collect, which would give for. profit tale.
phone comoanies nearly free access to land for which the municipalities should be
jUStly compensatecl; and
WHEREAS, ~anguage in the proposed Bill could further permit telephone
companies to concluct their Duslness on public lanCls wit:flOut seeking "adClitlOnal
authOrit%'" from ttqe cities;
NOW, THEREFORE. BE IT RESOVELD BY THE COMMiSSiON OF THE CITY OF CORAL
GABLES:
1. That £ne COral Gat)les city commissiort Opposes House Bill NO. $291 ore-
sently in committee in the Floricla Legislature regarding franchise fees for under-
grourlcl right.of-way access to ourv telephone lines.
2. That oPPosition tO HOUse Bill NO. $29fl IS specifically ~irectecI to arlv pro-
posal [0 place unfair restrictions an0/or limitations on francl~ise fees ct~argec~
the municipalities to for-Profit telephone companies for said services, ancl further
to permit their Duslness tO be conducted on public lands without seeking aclcli.
tional autnoritv from the cities.
5. TI~at the CIty Clerk is herel~y directed to FAX this resolution to the Presl-
Oent of tlqe Florlcla League of cities and to tlqe sponsors of House Bill NO. $291 and
all concerned parties.
4. That this resolution Sllall t)ecome effective upon the Clare of Its actOptlon
herein.
PASSED AND ADOPTED THIS SIXTH DAY OF JANUARY, A. D..
RAUL J, VALDES-FAULI
ATTEST: MAYOR
VIRGINIA L. PAUL
CITY CLERK