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RESOLUTION NO. 12,323
3 A RESOLUTION TO OPPOSE H.R. 5252 OF THE 109TH CONGRESS DEALING
4 WITH TELECOMMUNICATIONS AND THE RIGHTS OF LOCAL GOVERNMENTS
5 TO CONTROL THEIR RIGHTS -OF -WAY; TO EXPRESS TO THE ARKANSAS CON -
6 GRESSIONAL DELEGATION THE DESIRE OF THE CITY OF LITTLE ROCK, AR-
7 KANSAS, THAT THEY VOTE AGAINST THIS MEASURE; AND, FOR OTHER PUR-
8 POSES.
9
10 WHEREAS, the U.S. House of Representatives has approved H.R. 5252, commonly referred to
11 as COPE, the Communications Opportunity Promotion and Enhancement Act of 2006, and the
12 U.S. Senate may soon vote on S. 2686, commonly referred to the Communications, Consumer's
13 Choice and Broadband Deployment Act of 2006, and
14 WHEREAS, both of these measures, under the guise of creating greater opportunities for
15 new telecommunications, internet, satellite, and IP- enabled, technologies to get to the market -
16 place, a desirable goal, also work to strip local control over rights -of -way, and over other mat-
17 ters of concern to local citizens, and
18 WHEREAS, these proposed bills strip state and local governments of authority to impose
19 taxes on broadband or wireless telecommunications services, even though these governments
20 will still be required to provide, at local expense, emergency 911 communications services even
21 though there will be a decreasing revenue source as more people continue to switch from land -
22 line communications to wireless communications or IP- enabled communications, and
23 WHEREAS, local control over public rights -of -way will be sacrificed so a telecommunications
24 company can decide how and where it wishes to place facilities without concern for local inter -
25 ests, and
26 WHEREAS, this legislation would preempt any state or local laws that are crafted to promote
27 competition and take into consideration the real and varied concerns of the particular locality
[PAGE 1 OF 21
Resolution to Oppose H.R. 5252 (COPE)
I and provide the federal government in Washington virtual authority over local rights -of -way,
2 and
3 WHEREAS, consumer protection standards would be set by a federal commission out of the
4 purview of state and local governments which, among other things, tend to be the first place
5 that citizens can or will call for complaints or to report the need for services, and
6 WHEREAS, to take these kinds of rights over control of local properties without just com-
7 pensation is inconsistent with both the federalism principles of the 10th Amendment to the U.S.
8 Constitution, and to the Just Compensation Provisions of the Due Process Clause of the 14th
9 Amendment to the U.S. Constitution, and Article II of the Arkansas Constitution,
10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
1 1 ROCK, ARKANSAS:
12 Section 1. The Congressional delegation of Arkansas should vote against H.R. 5252, S.
13 2686, and any Conference Report that may occur should these matters be referred to a confer -
14 ence committee unless, and until, these bills are substantially amended to assure local control
15 over the matters set forth in the recitals above.
16 Section 2. The Mayor and City Clerk are directed to send certified copies of this resolution
17 to each member of the Arkansas Congressional delegation, and to any other persons or entities
18 deemed appropriate to receive this information.
19 ADOPTED: August 15, 2006
20 ATTEST:
21
22
23 Nan y Wood, ity Clerk
24 APPROVED AS TO LEGAL FORM:
25
26
27 Thomas M. Carpenter, City Attdrney
28
[PAGE 2 OF 2]
Resolution to Oppose H.R. 5252 (COPE)
APPROVED: `_
&Dailey, Mayor