10-24-96-K-1 - Resolution - 10/24/1996q sofution
NO. 10-24-96-K-1.
WHEREAS, the Public Utility Regulation Act of 1995 (PURA) explicitly preserves
the historical rights of municipalities to control the access to public rights-of-way;
and
WHEREAS, PURA creates a single class of certificated service providers
amongst which municipalities cannot discriminate in terms of compensation for
the access to and use of municipal rights-of-way; and
WHEREAS, the Public Utility Commission of Texas (PUC) has been granting
Services Provider Certificates of Operating Authority to various entities wishing
to provide telecommunications services through the resale of other providers'
facilities; and
WHEREAS, PURA requires applicants for these certificates to file affidavits with
the PUC stating that any necessary municipal consent, permit or franchise has
been applied for; and
WHEREAS, in lieu of this requirement the PUC is accepting affidavits stating that
applicants believe they do not need any municipal consent, permit or franchise;
and
WHEREAS, the PUC is exceeding its authority by allowing applicants to make
the determination that they have no need for municipal authorization and in
granting certificates to applicants who have not applied for the necessary
municipal consent, permit or franchise; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION:
That the City Council hereby approves filing suit with a group of other cities for a
declaratory judgment to determine whether the PUC is violating PURA by
granting certificates when the statutory requirements have not been met; and
BE IT FURTHER RESOLVED:
That this lawsuit will be of no cost to the City because the litigation will be
coordinated and funded by the Texas Coalition of Cities for Utility Issues.
Passed and approved this 24th day of OCTOBER ,1996.
ATTEST:
APPROVED:
'~'--'~ Mayor
~SON, Presiding