2003-01-22 CC Packet - Laserfiche WebLink

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JAN-21-2003 13:47 LEAGUE OF MN CITIES P.04/04 telecommunications right-of-way ~sar C05tS caused by another ancity's activiey in the right-of-way. (b) Fees, or other right-of-way obligations. impose~ by a local gov~rnment unit on telecornmunicaeicns right-of-way users unde~ this section must be: (1) based on the actual costs incurred by the local government unit in managing the public righe-of-way; (2) based on ~ allocation among all users of the public right-of-way, including the local government unit itself, which shall reflect the proportionate coets imposed on the local government unic by each ot the variou~ types of uses of the public rights-of-way; (3) imposed On a competitively neutral basis; and (4) i~po~ed in a manner so that aboveground use~ of pUblic rignta~of-way do not bear ao;ts incurrea by the lo~al government u~it to regulate underground uses ot public right~-of-way. (e) The rishts, d~ties, and o~li9ation& regarding the Use of th~ public right-of-way impo~ed under this 5ection must be applied to all users or the public right-of-w~y, including the local government unit while reco9nizin~ regulation muse reflect the distinct engineering, construction, operation, m~intenance and public and worker safety require~ents, and standarQ$ applicable to v.rious U6ers of the public ~i9ht~-of-way. For usere ~ubject to the franchisins authoriey of a local government unit, to the extent those rights, duties, ana obli~ations are addr~aeed in che terms ot an applicable franchise agreement, the terms of the franchise ahall prevail over any conflicting provision in an ordinance. Subd. 7. Additi~al :~ght-of~w.y provi$icn~. (a) ~n managing ehe public right5-of~way and in imposing fees under this section, no local government unit may; (1) unlaWfully discriminate among telecommunications right-of-way users; (2) srant a preference to any telecommunications right-of~way user; (3) create Or erect any unreasonable r@quirement tor entry to the PUblic ri9ht6~of-way by telecommunications right-of-way users; O~ (4) require a telecommunications rigbe-of-way user to obtain a franchise or pay for the use of the right-of-way. (bi A telecommunications right-of-way user need not apply for or obtain right-of-way permits for facilieiee th~t are loca~eQ in publie rights.of-way on May 10, 1~~7( for wh~eh the user has obtained the required consent of the loc~l government unit, or ~bat are otherwise lawfully Occupying the public ri~ht-ot~way. HowGver, the telecommunic4tions right-of-way us@r may be requi~ed to register and to obtain a risht-of~way p~rmit tor an excavation or obstruction of exieting facilicies within TOTAL P.04