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:
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Brenda J. Bal ou, MMC
City Clerk
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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.
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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
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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
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