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HomeMy WebLinkAboutRes2019-039 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2019-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, OPPOSING EFFORTS BY THE FEDERAL COMMUNICATIONS COMMISSION TO CIRCUMVENT WELL ESTABLISHED FEDERAL LAW THAT PRECLUDES THE COMMISSION FROM REGULATING PUBLIC POWER UTILITY POLES WHEREAS, the City of Seward electric utility provides reliable and affordable electricity to the community and surrounding areas of Seward, Alaska; and WHEREAS, the City of Seward is a municipal utility and, as such, is exempt from regulation by the Federal Communications Commission (FCC) regarding attachment to electric overhead infrastructure, including poles; and WHEREAS, allowing other utilities to attach to the City's utility poles, without the City's oversight to ensure that the attachment adheres to industry standards for technical requirements, is a concern to the safety of the Seward community; and WHEREAS, allowing other utilities to attach to the City's infrastructure without the City's permission creates additional liability for the City; and WHEREAS,the necessity to upgrade facilities to accommodate the additional burden on the poles should be paid by the cost-causer; and WHEREAS, U.S. Representative Eshoo is sponsoring HR530 to provide that certain actions by the Federal Communications Commission shall have no force or effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council finds it is in the public's best interest to reject the Federal Communications Commission's claim of jurisdiction over public electric utilities. Section 2. The City Council supports Federal Bill, U.S. HR530, introduced in the House by U.S. Representative Eshoo. Section 3.This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22°d day of April,2019. CITY OF SEWARD, ALASKA RESOLUTION 2019-039 THE CITY OF SEWARD,ALASKA David Squires, Mayo AYES: McClure, Osenga, Seese, Horn, Towsley, Lane, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: I /44, Brenda J. Bal ou, MMC City Clerk ss (City Se y''! l�� ••••te;% , • s • SEAL J • b\44_ 41•.? � _� tri•••;;N•E t •'•�Q� • 4 •.....'.•t•' s ~, •..#� OF Wt.' s 68 FISCAL NOTE: There are no financial effects as a result of this resolution. In the future, if bound by this federal policy, it is difficult to determine the costs to the ratepayers, but projects to be in the millions of dollars based on additional infrastructure needed to support the communications equipment. �'4:o�/&-v-��()�, Approved by Finance Department: � &L<M.,tT ATTORNEY REVIEW: Yes X No --------- RECOMMENDATION: Council approve Resolution 2019-039, opposing the FCC's claim of jurisdiction and support Representative Eshoo's legislation, HR 530. 69 CITY OF SEWARD P.O. Box 167 410 Adams Street Seward, Alaska 99664-0167  Main Office (907) 224-4050  Police (907) 224-3338  Harbor (907) 224-3138  Fire (907) 224-3445  City Clerk (907) 224-4046  Community Development (907) 224-4049  Utilities (907) 224-4050  Fax (907) 224-4038 • U t i l i t i e s ( 9 0 7 ) 2 2 4 - 4 0 5 0  • C o m m u n i t y D e v e l o p m e n March 27, 2019 RE: Federal Communications Commission (FCC) proposed The FCC was established by the federal government to regulate communications companies and in 1934 with the communications act outlined what the FCC could and could not do within their jurisdiction. This jurisdiction exempted poles owned by electric cooperatives and municipalities. In 1978 the Pole Attachment act was passed and added section 224 to the communications act which established FCC jurisdiction for rate recovery with telecommunication companies but did not give jurisdiction to electric cooperatives and municipalities. Currently the FCC is attempting to circumvent this, by developing new rules and/or interpretations in different parts of the Act. This attempt by the FCC would detriment this utility by taking the decision making authority away from the City Council and the State of Alaska and permit the communications companies to regulate the use of poles, ducts, conduits and rights-of- way while not sharing in the risk and liability if the facilities fail. Moreover, the FCC intends to limit the costs pole owners may collect from the communication companies. For utilities such as ours, these costs are based on the additional construction needs to accommodate facilities beyond our own. To ensure the safety and security on both financial and technical levels of this utility’s citizens, ratepayers, employees and infrastructure I recommend the Seward City Council pass a resolution rejecting the FCC’s proposed rulings and support current federal legislation (H.R. 530) to overturn actions that are in violation of the Communications Act of 1934. Respectfully, John Foutz Electric Utility Manager City of Seward Cc: Norman Regis Brennan Hickok 70 71 72