COM 0852.000 1996-1998 - Laserfiche WebLink

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API-30-98 THU 1:46 FM KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P.14 NACo Telecommunications Workshop March 1, 1998 Page 2 4 Siting issues (wireless towers, digital Tv, rights-of-ways and easements) are generally land use in nature. The FCC views local zoning pre-emptions as "weapons of last ' resort," and more dialogue is needed at the local levels. The FCC has also tried to set up networks to get telecommunications trade associations and peers to step in and mediate If there are conflict situations between local communities and a tower developer. - There Is also a statutory basis regarding broad open access to telecommunication that relates to the public's right to wireless, digital TV. Internet access, and remote health care (tole-medicine) technologies. The FCC encourages companies to work closely with communities and to donate services, as public safety Issues relating to wireless technologies are critical. This is manifested in free emergency oellular/wireleas 0911" service, as many cellular companies promote emergency cellular service as a "public service." The FCC is now pushing for expanded and free-of-charge call-back and location of emergency-cellular-calls. Some local Initiatives are using wireless technology to help prevent domestic violence. The FCC's point is that If a cellular company advertises itself as an essential emergency service while In pursuit of tower siting, you must carry out this mission by making the service as widely available as possible. Ms. Allen also cited the following issues that must be addressed by the FCC: (1) reallocation of television channels 60 through 69, which is tied to imminent Digital Video Disk (DVDNdigital TV (DTV) technology; (2) rising costs of cable television service; (3) - break-up- of set-top- box technology--monopolles; (4) wireless billing issues--(too-many- choices for service providers and possible hidden costs in complex'billing statements); and (5) 'universal service, such as free libraries and schools. Initiatives. Nick Miller. Attorney Mr. Miller is a private attorney whose firm specializes In cable TV/cellular telephone issues. one of major problems Is that local governments are seen by the FCC as just another "special Interest" group, on the same level as a private cable company. This - must change-tlr-orderfor the-fCGto treat local governments as more that just another special Interest, as they have particular public Interests that must be protected. Mr. Miller also stated that President Clinton has endorsed a six-year moratorium on Internet taxation, which he disagrees with. He also stated that distinctions must be made between being opposed to the overall deployment of towers versus the location of towers. With the issues of cable use of local government rights-af-ways and easements, Mr. Miller believes that it comes down to an Issue of money: Montgomery County (Maryland) and Fairfax County ('V'irginia) have both recently instituted an 8% of gross revenues fee on local telecommunications providers that goes towards such programs as: