Telecommunications Articles, Memos and Notes

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Updated 09/03

Analysys - is an English telecommunications consulting company. Analysys's model of a municipal duct utility, available through their Web site, is designed to calculate the costs of building an urban duct or dark-fiber network for a specified city type and size. In addition, given a certain demand scenario, the model calculates the annual duct rental price per kilometer required to recover the total network cost over a given period. Posted 11/02.
AT&T v. City of Atlanta - The 11th Circuit has reinstated its prior decision, 210 F.3d 1322 (11th Cir.2000), ruling that a telecom company may, in addition to remedies under the Telecommunications Act of 1996, use the provisions of 42 USC 1983, 1988 to obtain damages and attorney fees against a city or town when a cellular antenna permit is denied and appealed under the Act. Posted 5/01.
Auburn v. Qwest ( 165k). The 9th Circuit Court of Appeals has issued its revised opinion in the Auburn v. Qwest litigation ruling that cities can require Qwest to pay certain relocation costs, but also ruling that the cities' regulatory franchising ordinances were preempted by federal law. This is a major decision that should be read carefully by all city and county attornies dealing with telecommunications issues. There will be considerable discussion in the coming weeks concerning the impact of this decision.
The Aftermath of Auburn v. Qwest: How To Cope - An analysis of Auburn v.Qwest and suggestions for how to draft regulatory ordinances and frachises that comply with the ruling, by Chris Bacha, assistant city attorney of Tacoma. Posted 2/02.
FCC Fact Sheet: Placement of Direct Broadcast Satellite, Multichannel Multipoint Distribution Service, and Television Broadcast Antennas - August 1996
FCC Fact Sheet on Public, Educational and Government Access Channels (PEG Channels). Fact Sheet prepared in 1998. Link added 4/02.
FCC Universal Service home page
Glasgow, KY and Public Deployment of Broadband Infrastructure - Years before Tacoma installed broadband infrastructure, Glasgow, Kentucky pioneered public investment in broadband. Here's a link to a series of articles dealing with that issue. Posted 8/00.
Hottest Issues in Telecommunications - This paper by Tim Sullivan, city attorney of University Place, Washington, addresses (1) five separate lawsuits involving Qwest (including the City of Auburn v. Qwest decision); (2) franchising in a post-Auburn world; and (3) undergrounding issues. Tim's analysis is well worth reading. His review of undergrounding issues is based on Washington statutes and WUTC regulations, but the rest of the paper is relevant for cities throughout the country. Posted 11/01.
King County Institutional Network (I-Net) - Did you know that King County has almost all of the fiber optic cables in place to connect over 300 schools, libraries and government facilities in the county? Did you know that the county's primary cable provider (TCI) is covering much of the cost? If you want to know why the county feels this network is crucial and exciting, visit their I-Net Web site for loads of information. Perhaps you can do the same. Posted 2/00.
Miller & Van Eaton, P.L.L.C. - This Washington, D.C. law firm specializes in FCC regulatory work, and represents local governments on telecommunications issues. Joe Van Eaton has been a popular speaker at local government conferences focusing on telecommunications issues. The firm posts articles which are accurate and timely.
- Telecom and Cable Bankruptcy: A Primer for Municipalities - A good overview, by Miller & Van Eaton attorney Kenneth A. Brunetti, of the issues faced by communities when bankruptcy envelopes one of the telecom or cable companies providing services in their community. Posted 2/03.
- The Miller & Van Eaton law firm in D.C. has prepared an overview of the crucial federal Circuit Courts of Appeal decisions dealing with wireless antenna siting. Posted 5/01.
Municipal Broadband Deployment - Deciding Whether to Build a Municipal Broadband Network, Choosing the Business Place and Entity (176 KB) (Market Realities, Federal Regulatory Issues, Legal Authority and Community Options) by Arthur A. Butler and Joel R. Paisner, LSI Municipal Broadband Conference, December 2-3, 2002. Posted 12/02.
PEG Access Channels - If you have an interest in the quality and viability of "PEG" access channels, you might wish to contact the following advocacy group:
Request for Sample Right-of-Way Use Agreements - MRSC has sample ROW use ordinances and regulations and franchises, but we need samples of actual ROW Use Agreements entered into with individual telecom companies. We are requesting cities and counties in the State of Washington to e-mail or fax (206-624-1220) samples to Jim Doherty, MRSC Legal Consultant. Posted 10/01.
Rural Broadband Deployment - Funding - The Farm Security and Rural Investment Act of 2002, signed by President Bush in May, contains some funding for rural broadband deployment. For an overview of the variety of economic development programs provided for in the act, see Farm Security and Rural Investment Act of 2002 memorandum ( 37kb), by Seattle attorney Joel Paisner . Because the telecom meltdown has almost totally eliminated private sector broadband initiatives focused on rural areas, this is one of the few new funding options. For further information about the Community Connect Broadband Grant Program see the Department of Agriculture Web site. Posted 7/02.
Seattle, WA Telecommunications Ordinances - Are you interested in sample language regarding authorizing the leasing or sharing of excess fiber optic capacity in your city? The city of Seattle has passed two ordinances concerning such matters: Ordinance 118576 (leasing) and Ordinance 118191 (sharing).
On 9/29/97 the city of seattle passed Ordinance No. 118737 authorizing the use of city real and personal property for the siting of wireless telecommunications facilities. Exhibit A of the ordinance is a model Site Agreement which is quite thorough.
These ordinances and other city of Seattle telecommunications ordinances can be accessed by clicking here.
Selected MRSC Library Holdings - Telecommunications
Tim Sullivan, Prior City Attorney of University Place
- Telecommunications Franchising and Beyond: Complying with ESSB 6676 (Chapter 83, Laws of 2000), Washington's New Municipal Right of Way Telecommunications Act - Article written in 2001.
- Hottest Issues in Telecommunications - This paper addresses (1) five separate lawsuits involving Qwest (including the City of Auburn v. Qwest decision); (2) franchising in a post-Auburn world; and (3) undergrounding issues. Tim's analysis is well worth reading. Mr. Sullivan's review of undergrounding issues is based on Washington statutes and WUTC regulations, but the rest of the paper is relevant for cities throughout the country. Posted 11/01.
- Wireless Telecommunications in 2001: A Municipal Perspective - This paper summarizes the basic law and federal court decisions on wireless antenna facilities siting. Posted 11/01.
Wireless Antenna Facilities Subdivision Exemption - SB 6578 has amended RCW 58.17.040 -- leases of land for wireless antenna facilties are now exempted from the subdivision requirements. The legislation is effective 6/13/02. Posted 4/02.
Wireless Antenna Siting.
- The Miller & Van Eaton law firm in D.C. has prepared an overview of the crucial federal Circuit Courts of Appeal decisions dealing with wireless antenna siting. Posted 5/01.
- Town of Amherst, NH v. Omnipoint--First Circuit Court of Appeals Decision Involving the Siting of Wireless Antennas - Omnipoint proposed to place four 190-foot lattice towers along a seven-mile stretch of state highway - with sitings on Amherst, NH conservation property, and within the town's historic district. The town's Zoning Board of Adjusters voted to deny the required zoning variances - and Omnipoint promptly sued citing the TCA. After losing the case in the Federal Court, Amherst appealed, and the decision was recently (March 30) overturned in the First Circuit Court of Appeals. This case reinforces the Virginia Beach decision to maintain local control of zoning issues. Posted 4/99.