COM 0852.000 1996-1998 - Laserfiche WebLink

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API-30-98 THU 1:47 PH KAUAI COUNTY CLERK FAI NO. 1 808 2416349 P.15 NACo Telecommunications Workshop March 1, 1998 Page 3 i • Funding of local educational cable TV telecasts; • Free fibre optics connections for public libraries and schools; Fibre optics connections for "at home" roll calls of local police; Separate cable channels for fire department training programs; and • Subsidization of costs for existing public leased Imes. Telephone companies normally offer 156 of gross revenues for local governments to "go away" as an initial offer on the table, but all should be aware of the 8% fee negotiated in other jurisdictions for use of local rightr-of-ways and easements. Other issues involve: If counties own the utilities' rights-o&ways, is there sovereign immunity in the rights-of-way? Who Is liable for any work in the rights-of-ways? Can Indemnifications be sought from a utility? In pre-1998 version of the Telecommunications Act, utilities had two requirements: (1) "universal" service provision; and (2) regulated (rate-based) tariffs. if "universal" service is not being delivered, a utility cannot expect all the privileges with no responsibility or liability; the "old rules" can only apply to "old contracts." In the area of tower siting, there are technological advances and developments that may make towers outmoded in the near future, so consideration should be given to eventual removal requirements of obsolete facilities during current day siting procedures. In certain jurisdictions, district courts have made It legitimate for communities to consider adjacent property values when siting towers. In the city of Virginia Beach (4th Circuit), questions have been raised as to the authority of the Supreme Court to make legislative bodies serve adjudicatory functions in relation to tower shings. Questions 1) Does 'towerless cellular' technology work off existing cable systems? Towerless cellular sites must be "herd-wired" to each other.