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LOCAL GOVERNMENT AUTHORITY OVER COMMUNICATIONS NETWORKS IN THE PUBLIC RIGHTS-OF-WAY

OVERVIEW. Types of Users of Rights of WayTypes of Local Grants to Use Rights of WayThe Continued Evolution of Federal LawSome Issues Challenging Local Governments . Federal Law Anticipated. CATV only companies.Telecommunications only companies.OVS only companiesPrivate networks. Who Else is Us

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LOCAL GOVERNMENT AUTHORITY OVER COMMUNICATIONS NETWORKS IN THE PUBLIC RIGHTS-OF-WAY

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    1. LOCAL GOVERNMENT AUTHORITY OVER COMMUNICATIONS NETWORKS IN THE PUBLIC RIGHTS-OF-WAY Nicholas P. Miller Miller & Van Eaton, PLLC NATOA Regional Seminar April/May, 2000 www.millervaneaton.com

    2. OVERVIEW Types of Users of Rights of Way Types of Local Grants to Use Rights of Way The Continued Evolution of Federal Law Some Issues Challenging Local Governments

    3. Federal Law Anticipated CATV only companies. Telecommunications only companies. OVS only companies Private networks

    4. Who Else is Using Rights of Way? Non-telecommunications/non cable cos. Dark fiber providers Conduit providers “Pass-through”/”spot” users Combo companies/consortia

    5. Local Governments’ Response Government Property normal state property law controls right to use local governments own or control right to use local governments can set terms of “rent” Exception: prior State grant of property to company recent State reclaim of property from local governments

    6. State Property Law Company must acquire a property right (right to “Use”) from the owner of the property “Estate in Fee”/Lease/Easement/ Franchise/or License (explicit or implicit) required Fifth Amendment: Federal Law may NOT Preempt State Property Law

    7. Federal Law Preserves--(47 USC 253(c) right to charge Rent right to manage behavior in ROW

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