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state-of-the-art network applications; <br />and <br />e) Strengthening local authority to <br />enforce customer service standards. <br />LE-18. Right -of -Way Management <br />Issue: The Legislature and the Minnesota <br />Public Utilities Commission (MPUC) <br />recognize that cities have fundamental <br />responsibility for managing the safe and <br />convenient use of public rights -of -way <br />(PROW). Cities hold local rights -of -way in <br />trust for the public as an increasingly scarce <br />and valuable asset. Municipalities enforce <br />consensus standards negotiated with the <br />private sector that are contained in Minn. <br />Stat. ch. 237 for safe maintenance of the <br />public rights -of -way. <br />Current PROW standards have served the <br />state well. As demand increases for use of <br />rights -of -way for underground wired and <br />overhead wireless facilities and sites for <br />wireless communications towers, cities must <br />continue to have authority to allocate and <br />coordinate the use of this resource among <br />competing uses and to manage the use of <br />PROWs for delivery of essential municipal <br />utility services. Local management <br />responsibilities vary and are site specific, <br />underscoring the necessity for maintaining <br />local authority. <br />In recent years, private users of the PROW <br />urged the Federal Communications <br />Commission (FCC) to impose a "shot clock" <br />on the exercise of local authority to approve <br />applications to install, repair or replace <br />private facilities in PROWs. Cities still <br />retain authority to impose construction <br />standards, requirements for moving such <br />facilities, and timelines for the completion <br />and inspection of private projects in the <br />PROW. <br />Response: Minn. Stat. § 237.162-.163 has <br />worked well for many years. Current <br />state rules adopted by the Minnesota <br />Public Utilities Commission regulate the <br />manner in which cable companies and <br />other right-of-way users install facilities <br />in the PROW. State and federal <br />policymakers and regulators must: <br />a) Uphold existing local authority to <br />manage and protect public rights -of - <br />way, including reasonable zoning and <br />subdivision regulation and the <br />exercise of local police powers; <br />b) Recognize that cities have a <br />paramount role in developing, <br />locating, siting, and enforcing utility <br />construction and safety standards; <br />c) Support local authority to require <br />compensation from service providers <br />for managing use of public rights -of - <br />way; <br />d) Maintain city authority to franchise <br />gas, electric, cable, <br />telecommunications and broadband <br />services, open video systems and all <br />other wireline programming <br />platforms and services and to collect <br />franchise fees and alternative revenue <br />streams to support maintenance and <br />management of the traveled portion of <br />the PROW and other public services <br />of importance to communities; <br />e) Encourage a collaborative process <br />with stakeholders, including cities, to <br />determine any revised standards if <br />needed; <br />f) Recognize that as rights -of -way <br />become more crowded, the costs of <br />disrupting critical infrastructure <br />become evident and the exercise of <br />local authority to manage competing <br />demands and ensure public safety in <br />the PROWs becomes increasingly <br />important; <br />League of Minnesota Cities <br />2015 City Policies Page 58 <br />