Up Terry Grunwald Cary Williams Lauren-Glenn Davitian Seongcheol Kim Dirk Koning Sue Buske Autumn Labbe-Renault Pierre Clark Fred I. Williams Kara Harris
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The Challenge to Local Governments:
Telecommunication Policy in Michigan |
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Seongcheol
Kim is a doctoral candidate and instructor, and Thomas A. Muth is professor and chair
of the Department of Telecommunication at Michigan State University in East Lansing. |
Seongcheol Kim and Thomas A. Muth These days the federal and most state governments
and their respective regulatory agencies are establishing new rules, framed under the
Telecommunication Act of 1996. While the Act does limit local and state regulatory
authority in favor of creating market competition and innovation, it does preserve the
important historical local authority to manage public rights-of-way and require fair and
reasonable compensation from telecommunication providers. Under the Act, companies wishing
to enter new markets and install new facilities are subject to municipal control and
compensation for use of the public rights-of-way. |
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In the fall of
1996, the Michigan Business Roundtable and the Michigan Jobs Commission provided funding
for a research project to be performed by students under the supervision of faculty from
the Michigan State University Department of Telecommunication. The goal of this project,
titled TELCOMATRIX/MI, was to outline processes involved in securing initial and
subsequent agreements, permits, and assorted permits for and affecting telecommunication
and information systems and services in selected Michigan communities. Pre-selected on the
basis of typical or atypical telecommunication policy strategies, these nineteen
communities included: Ann Arbor, Birmingham, Canton Township, Dearborn, Detroit, East
Lansing, Farmington, Flint, Grand Rapids, Holland, Lansing, Lansing Township, Livonia,
Marquette, Negaunee, Southfield, Sterling Heights, Troy, and Wyandotte. |
Passage
of the Act coincided with the creation, licensing and start-up of many new wireless
personal communications services (PCS), authorized by the FCC through auctions, which
raised $23 billion for the U.S. Treasury. Since the Act also reserves local zoning
controls, new wireless providers that want to put up facilities and structures such as
towers and antennas are subject to local zoning authority. Yet, despite the important role reserved for local governments in
the development of new technologies and their infrastructure, our survey of 19 local
communities in Michigan* found the overwhelming majority of them ill-prepared to meet this
challenge.
In conducting the study, we visited community libraries
and city halls for diverse documents including copies of ordinances, budgets, permits, and
franchise agreements. As needed, we met with officials who explained local
telecommunication procedures. What we found was: Most communities had no single contact
for telecommunication issues. This role was often distributed among several offices. Local
government officials were frequently unaccustomed to the wide range of telecommunications
issues and terminology.
Since cable television franchise agreements have
historically fallen under local government control, all but one local government did have
very specific policies in this area. On average, the contribution of the cable franchise
fee to the general city fund was 0.52%, with cable providers usually contributing between
3% and 5% of their gross revenues. (The ratio for Negaunee is high, 10.57%, because the
city itself owns and operates the cable system.) Bonds are required in many communities,
for security, performance, and construction. Various forms of insurance are also generally
required. Most cable franchises are in effect for fifteen years and need to be renewed
through an application process initiated prior to the expiration of the contract.
Transfers may be allowed but require community approval.
In contrast to this regulatory structure, few local
governments have well-developed interactive (two-way) telecommunication policies, Ann
Arbor, Lansing, and Troy being the most advanced. Seven governments do not have any
written policy at all related to interactive voice, video, and data communications
services. At the time of the study, there were no wireless-specific ordinances in effect
in any of the nineteen local communities, though Grand Rapids and Livonia were reviewing
drafts.
Three local governments themselves own, operate or lease
telecommunications infrastructure (Holland and Wyandotte as well as Negaunee). Local
governments do have general procedures or policies applicable to wireless
telecommunication service, commonly governed under zoning regulations. Some communities
are working together to rewrite policies. Protect Public Rights-of-way from
Telecommunication Encroachment (PROTEC) is a coalition of Michigan communities with the
common goal of protecting local governments rights to manage public rights-of-way. Four of
the surveyed communities (Dearborn, Livonia, Southfield, and Troy) are members of PROTEC.
Overall, however, most local governments in Michigan do
not have well-defined local telecommunication policies to cope with changing
telecommunication industries and regulatory environments. Our investigation should offer
useful guidance. New policies and agreements should be developed to manage rights-of-way,
handle siting issues, and obtain fair and reasonable compensation from telecommunications
providers. Telecommunications should be addressed in local master plans as well as in
community visioning and economic development strategies. Strategic alliances among local
governments, industry, and the community should be explored. It is essential that local
governments continue to provide input into the development of federal regulations and new
state laws as well as monitor court decisions interpreting the new act. |
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