Good morning everyone:
One of my municipalities just asked me a question that I wasn’t completely sure on how to proceed, so I wanted to seek opinions from the group.
The municipality is starting to get its rights of way crowded with water/sewer/fiber/electric etc and it is making it more difficult to maintain their own infrastructure because of the number of utilities in the easement. They went to the company that is now installing fiber about the issue and the company responded with a draft ordinance for a franchise fee for all companies providing internet service within the municipality. The municipality isn’t really concerned with satellite or wireless ISPs, but only with companies that are using their rights of way and making maintenance more difficult. Essentially, they are wanting to try to find a fee that can be assessed to those using the ROWs. Does anyone have thoughts on the best way to do that, or if that is something that is even feasible? Could that end up being a gross receipts/franchise fee for ISPs using the ROWs? I know there are some federal restrictions on dealing with ISPs based on previous listserv discussions.
Thanks for the help.
Jared Harrison
Harrison & Mecklenburg, Inc.
202 N. 6th Street
P.O. Box 658
Kingfisher, OK 73750
(Phone) 405-375-6484
(Fax) 405-375-6413
Email: jared.harrison@hmlawoffice.commailto:jared.harrison@hmlawoffice.com
Website: www.hmlawoffice.comhttp://www.hmlawoffice.com/
HM
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