NLC Transportation & Communications Meet

By VERNA L. CLAYTON, Village President, Buffalo Grove
Member of Committee

The Transportation and Communications Steering Committee of the National League of Cities met August 28 and 29 in Minneapolis. As usual, it was a very interesting meeting with stimulating discussion.

CABLE UPDATE

The committee reviewed the recent decision of the Court of Appeals for the District of Columbia which, for the most part, upheld the FCC's rulemaking on rate regulations, but also reached a decision on a number of secondary issues such as franchise fees and leased access.

Bill Bradley, President of The National Association of Telecommunications Officers and Advisors, presented some comments approved by the NATOA Board as follows:

1. Cable TV will be established neither as an unrestricted medium nor a closely regulated medium; but, probably will be assigned a new niche — more restricted than newspapers but less restricted than broadcasters or common carriers.

2. Local government will continue to be limited in their authority to regulate cable TV. It is probable that cities will not be enabled (a) to control content, (b) to impose limits on fundamental business parameters, including rates, (c) to revoke franchises except for substantial violations, or (d) to arbitrarily reject franchise renewals.

3. The legitimate roles of local government over cable TV is appropriately specified in the 1984 Cable Policy Act: to require operators to obtain franchises; to specify public access facilities and services; to require leased access; to monitor performance; to pass upon modification requests, transfer applications and renewals; to solicit franchises; to enact consumer protection laws; to impose franchise fees; and to specify basic system design and capacity.

4. If technology changes to some means of transmission that does not use public rights-of-way, city government would no longer have a regulatory role.

The committee felt NLC should testify at oversight hearings, monitor court decisions and regulations, identify allies in seeking new legislation, and react to subsequent court decisions and regulation.

AVIATION ISSUES

The committee discussed the Essential Air Service program which was intended to protect small communities from losing air service as a consequence of the new regulatory freedom established by the Airline Deregulation Act of 1978. The program is scheduled to terminate in October 1988.

The committee recommended to support extension and restructuring of the EAS program so that it provides: (1) a better basic level of service, (2) allows more flexible entry and exit from the program, (3) more targeted subsidies to communities who are not otherwise close to an existing hub, (4) protection from interrupted service, (5) incentives for the development of self-sufficient air traffic markets and (6) funding from the Aviation Trust Fund.

AIRPORT ACCESS PROPOSAL

In 1984, the Air Transport Association petitioned the FAA to establish a federal review and approval process for local airport use restrictions prior to the final local promulgation of those restrictions. NLC strongly objected to the petition.

Last year, the FAA published a policy that would require expansion of airport landside capacity consistent with the level of airside capacity, preempt state and local airport use restrictions, and mandate federal review of proposed use restrictions. Again, NLC objected.

Subsequently, the FAA convened on airline industry/airport operators working group to develop recommendations.

The committee reviewed the draft recommenda-

October 1987 / Illinois Municipal Review / Page 11

tions to consider whether everyone's needs and concerns had been addressed and whether the needs had been balanced.

On the positive side, the proposal calls for phase-out of noisy aircraft by a date certain. It also called for a moratorium on new airport use restrictions instead of federal preemption.

On the negative side, the proposal was developed solely by the airline industry and airport operators without input from local elected officials.

It also called for immediate imposition of the moratorium, but delays airline phase-out of Stage 2 aircraft until 1994. It suggested the FAA consider making the moratorium retroactive, and offers to speed up implementation of Stage 2 aircraft phase-out only if financial incentives are offered.

The committee determined to oppose the proposed policies and to insist the FAA solicit the views of local elected officials and others before issuing recommendations.

REGULATION OF PUBLIC AIRCRAFT

Public aircraft are those used exclusively in the service of any federal, state, or local government. Presently they are not required to meet any federal crew regulations (licensing, training, testing) or maintenance regulations, and only minimal operating requirements. They are not required to have an airworthiness certificate or to be inspected by the FAA.

After discussion, the committee voted to recommend minimum federal safety standards be applied to all public aircraft.

LEGISLATIVE UPDATE

Language contained in the House Report to the FY 1988 Department of Transportation Appropriations Bill (HR 2890) could adversely impact state and local control over truck access to local roads. The Motor Carrier Access Limitations language in House Report 100-202 directs DOT to publish a regulation defining "terminal" access for large trucks.

The intent is a rule permitting wider, longer and heavier trucks, currently limited to interstates and primary highways, to travel from any point of origin to any destination. This means large trucks could use any city or country road by January 1, 1988, despite the hazards and traffic snarls that will result.

NLC is working to insert language more favorable to state and local government in the Senate DOT Appropriation bill. The language would prohibit DOT from initiating a "reasonable access" rule until completion of a Transportation Research Board Motor Vehicle Study authorized by PL 100-17, the recently enacted highway reauthorization bill, to examine several truck issues.

Assistance is needed in contacting Senators.

FUTURE OF FEDERAL HIGHWAY FUNDING

The committee had a brainstorming session on the issues and problems they see emerging within the federal highway program. It was felt the discussion should not simply be one of who gets what share of the Interstate "pie" once the system is completed, but should, instead, focus on problems and needs first before potential solutions are considered.

Transportation 2020 program, originally conceived by AASHTO, calls for a broad-based, consensus — building process to develop a program that will meet the transportation needs of the next century. A broad range of organizations have been invited to participate to develop common policies, positions, and activities. NLC is one of the participants, but concern was expressed to proceed cautiously to insure that cities transportation needs are addressed and not just a link between cities.

The Illinois Transportation 2020 public forum will be held on December 1,1987, in Springfield, 9:00 A.M., in the auditorium of the IDOT Building, 2300 Dirksen Parkway, to obtain the views of transportation users. I would suggest that IML give testimony on our future transportation requirements.

DESIGN STANDARDS

The committee passed a resolution affirming that more flexibility in design standards for urban thoroughfares is needed to enable the construction and maintenance of highway projects in a more expedient manner; to reduce the cost of highway projects that cannot be constructed at current funding levels; to minimize community disruption and to continue to provide safe and efficient movement of people and goods.

Again, I was pleased to have the opportunity to represent Illinois on this committee. •

Page 12 / Illinois Municipal Review / October 1987