CCP 10-28-2002 - Laserfiche WebLink

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1 compensation. State and federal governments should enact laws to recognize converging . 2 technologies and preserve and strengthen local authority to advance community interest. 3 Federal jurisdiction should be directed solely to matters that are clearly of federal interest, 4 while retaining city authority over local and intrastate matters. Local cable regulations are 5 essential to prevent misuse of a near-monopoly positions; to protect consumer interests; 6 and to encourage and enable use of local cable systems for public, educational, and 7 government purposes and local origination programming. Such policies must uphold city 8 authority to manage and be compensated for the use of valuable and limited public rights- 9 of-way and to address the community's needs and for which such access is being provided. 10 11 LE-13. Wireless Tower and Antenna Siting (AH) 12 13 Issue: As demand for wireless communication service increases, wireless service 14 providers seek to site towers, antennas, and other facilities in cities. Cities must continue to have .15 authority to manage and coordinate the siting of these facilities in the public's interest. Local 16 management needs vary and are site specific, underscoring the necessity for maintaining local 17 authority. This authority is typically exercised through zoning and other police power regulation. 18 19 While state law regarding local rights-of-way management (M.S. 237.162.163) does not 20 apply, the Telecommunications Act of 1996 preserves state and local authority over zoning and 21 land-use decisions for personal wireless service facilities, but limits that authority. Specifically, 22 cities may not unreasonably discriminate among providers of functionally equivalent services, . 23 may not regulate in a manner that prohibits or has the effect of prohibiting the provision of 24 wireless services, must act on applications within a reasonable period of time, and must make 25 any denial of an application in writing supported by substantial evidence in a written record. 26 27 Response: Cities must be permitted to consider public health, safety, and welfare 28 concerns, including aesthetic and property value issues, in responding to requests to site 29 new wireless facilities. The Legislature should maintain laws that recognize and uphold city 30 authority to manage wireless facilities siting issues through local zoning and other police 31 power regulations and provider agreements, which may include fair compensation. Tbe 32 Legislature should further clarify that wireless providers are not exempt from wning and 33 other police power regulations where the provider proposes to use public rights-of-way to 34 site wireless facilities. 35 36 LE-14. Financing Community Reinvestment (ABH) 37 38 Issue: The 2001 property tax reform package is having a dramatic impact on how the 39 state of Minnesota's community reinvestment needs are addressed. These impacts bring into 40 question the future viability of tax increment financing (TIP) as the primary 1001 to fund 41 community reinvestment efforts. Activities that cities have historically been able to undertake, 42 but will likely be less able to achieve in the future given the likely diminished effectiveness of 43 TIP include: long-term tax base stabilization and growth, job creation, development of low-to- 44 moderate income and workforce housing, remediation of pollution, elimination of blight, . 45 recycling and redevelopment of the infrastructure, and redevelopment of communities. 14