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.)

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 and its right to manage public right of ways and to receive fair and reasonable compensation; and

WHEREAS; The Streets Department has expended and in the future will continue to expend public money and resources to manage the right of way without receiving fair and reasonable compensation; and

WHEREAS; The City is undergoing expenses to manage right of ways and there is a pressing need to issue regulations concerning regulating the time or location of excavation to preserve effective traffic flow, preventing hazardous road conditions, or minimizing 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; now therefore

RESOLVED, BY THE CITY COUNCIL OF PHILADELPHIA, That a hearing be held and testimony be taken by the Committee of the Whole to ascertain what non-discriminatory and competitively neutral measures can be taken in order to manage the right of way on public streets and property in the City of Philadelphia and to charge or assess such fees for the fair and reasonable compensation to the City by the telecommunications industry as provided in Section 253 of the Telecommunications Act of 1996; and be it further

RESOLVED, That a true and correct copy of this resolution be transmitted to the Office of the Mayor, the City Solicitor and the Commissioner of Streets and the Commissioner of Licenses and Inspections.

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