1-TENNESSEE TOWN & CITY/JULY 18, 2011 www.TML1.org 6,250 subscribers www.TML1.org Volume 62, Number 12 July 18, 2011 Local control of public UT Public Service Intern program rights-of-way under attack producing next generation leaders This spring, the Federal Com- FCC inquires and actions in this munications Commission (FCC) area should alarm any local offi- BY VICTORIA SOUTH released a Notice of Inquiry (NOI) cial. Recent efforts by the tele- TML Communications Coordinator seeking information related to local communications industry resulted public rights-of-way practices, in federal changes to the cable Sometimes the small detours processes and costs. The NOI franchising laws and a new state along the way can be the most eye explains that the FCC is attempting cable franchising law. Another opening. This summer, on the way to learn more about the challenges example of the industry’s efforts to earning their degrees, nine gradu- and costs associated with the use of at the FCC can be found in the so- ate students from a variety of disci- the public rights of way by commu- called Tower Siting Shot Clock plines are visiting the world of local nications companies and whether Rules, which set a timeline for government in cities, counties and these challenges and costs impact action on collocation and other agencies across the state through an broadband deployment for wired tower siting applications. Both lim- outstanding internship program of- and wireless facilities siting. ited local authority and further fered through the University of Ten- Specifically, the NOI poses eroded local control. nessee Institute for Public Services questions in the following areas: The telecommunications in- (IPS). 1.Processes involved in securing dustry has had its sights set on the Formally announced in the approvals for use of rights-of- local governance of the public spring, the Tennessee Public Ser- way rights of way for some time. In the vice Intern Program is open to 2.Processing time for requests past, the industry has been willing graduate, undergraduate and post- for use of rights-of-way to settle for incremental wins, with graduate students from six universi- 3. Reasonableness of charges for respect to rights-of-way, because ties within the state. After the stu- use of rights-of-way they had larger objectives. With dent submits a letter of interest, the 4.Examples of typical and/or prob- the larger objectives out of the project is facilitated by the UT Mu- lematic franchising or rights- way, the focus of the industry is nicipal Technical Advisory Service of-way access agreements again on rights-of-way. (MTAS) and the UT County Techni- 5.Whether state statutes and local Anyone concerned about local cal Assistance Service (CTAS), ordinances have been updated government’s ability to provide for who supply placement assistance Photo by Victoria South to reflect current developments the safety of residents and security and mentorship via MTAS and in the communications indus- of facilities located in the public CTAS consultants. La Vergne Mayor Senna Mosley visits the TML Annual Conference try and recent changes in com- rights-of-way, absent additional The year-round program, in its alongside her city’s Public Service Intern Michael Thompson. munications technologies that federal, state or corporate interfer- inaugural session, has all the mark- According to Thompson, the their project reporting often leads to require access to public rights- ence, should read the questions ings of success, according to MTAS intern program has two goals, to line further urban research. Participants of-way included in the NOI. Deadline to Executive Director Steve Thomp- up a quality pool of future leaders also note that the intangible qualities 6.Whether rights-of-way users re- submit a response to the FCC was son, the program’s point of contact. and to provide students with an ex- of the experience, surpasses pure ceive consistent treatment July 18. “For the first time off, I think ceptional learning experience they academic knowledge alone. 7.Whether there is uniformity with The industry arguments and we’re very successful,” Thompson can utilize in their own communities. respect to processes, practices attacks on local control of rights- said. “I initially thought we might “We emphasize that students Michael Thompson—Tennessee and costs for rights-of-way us- of -way have clearly penetrated the have interest from two or three should be doing something worth- State University— LaVergne ers in metropolitan areas, sub- consciousness of the FCC com- places, but we had interest from six while during the internship, helping a “Coming from a large city, Chi- urbs and rural areas missioners. The industry will be campuses, 11 candidates and 13 community with one or more cago, I didn’t have a strong sense of filing plenty of comments in sup- communities. Using some of the les- projects they would like to have community and pride. I seem to have While the NOI is purported to port of their argument. Please sons we have learned from IPS, we done,” Thompson continues. “Per- found it here in LaVergne. The work be an information gathering en- don’t dismiss this threat. Take the will shape the program for the up- haps it’s a fleet study or a study on environment here is great, probably deavor, a quick review of the con- opportunity to fight for local con- coming semesters. But we have revenues, or any number of topics, the best I’ve ever worked around. tent and tone of the specific ques- trol. TML will continue to keep great students and great faculty but something a community might Both of my primary duties are deal- tions posed in the context of recent you apprised on this issue. members and overall I would say the not have the time or personnel to do ing with Human Resources. It’s first year is a success.” without assistance from the intern.” very interesting to see how the actual The students receive academic process works, from application to credit and are paid for their work actually hiring and orientation. I will Expanded through MTAS and CTAS, while See INTERNS on Page 6 alcohol laws Congress poised to take on increase tax Transportation Authorization revenues BY LESLIE WOLLACK has not scheduled any time for the Nation’s Cities Weekly full House to consider the bill as yet. BY PAMELA M. PRAH Senate leaders from the Envi- Stateline Staff Writer Celebrating the 55th anniver- ronment and Public Works Commit- sary of the Interstate highway sys- tee also plan to release their bill Last month, the owner of the tem, House and Senate transporta- shortly. Wine Chap store in Nashville did tion leaders are close to introducing Committee Chair Barbara Boxer something that would have been ille- transportation authorization bills, al- (D-Calif.) has been working with gal just a few weeks before. He held though they will look very different. bipartisan leadership on the commit- two wine tastings in the store, letting Both proposed versions of the bill tee and the Senate Finance Commit- customers sample high-end summer will renew the current federal pro- tee to find funding for a bill at current whites and sip expensive Bordeaux gram, known as SAFETEA-LU, spending levels. That would require for free. Richard Payne figures he which expired in September 2009 a $12 billion infusion of revenue each sold 10 cases of wine because of and has been extended by Congress year to make up the difference be- Successful promotions mean extra tax revenue for the state, one of those tastings. He calls them “a good until the end of this fiscal year on tween spending and revenues. the reasons lawmakers decided this year to allow restaurants, bars tool to get customers to try some- Sept. 30, 2011. In the Senate, three committees and liquor stores to offer free samples. thing that they might not have other- Federal transportation spending have jurisdiction over the surface wise tried or thought too expensive.” has exceeded the available funding transportation program in addition to But Payne isn’t the only one who cans swept into office in 2010 vow- holes. But this year, Republican gov- the committee responsible for fund- ernors and legislatures decided they due to decreased revenues. Fuel made money from the tastings. The ing to cut, not raise taxes, even “sin” taxes have provided the revenue for ing the bill. The Senate Banking successful promotions meant extra taxes like those on alcohol and to- could generate needed revenue by Committee oversees the transit por- changing their alcohol laws and leav- federal transportation programs but tax revenue for the state of Tennes- bacco, which historically have have fallen short in recent years due tion of the program and the Senate see. And that’s one of the reasons tended to go up when budgets get ing the tax rates alone. Commerce Committee also has a Growlers to go to decreased driving and more fuel- lawmakers decided this year to allow tight. In the recession year of 2009, efficient vehicles. piece of the program. restaurants, bars and liquor stores to more than a dozen states relied on Of course, legalized tasting of Boxer indicated that she will re- spirits doesn’t in itself mean more The House leadership is looking offer free samples. higher alcohol or cigarette taxes to to cut federal transportation pro- lease her bill shortly, likely in early Across the country, Republi- help dig themselves out of budget See SPIRITS on Page 9 grams by 30 percent in order to July, with a potential hearing before make up that shortfall.