NACo has recently released a new publication entitled Local Officials Guide: Telecommunications and Rights-of-Way. It describes how county and other local governments can manage telecommunications rights-of-way and address issues associated with receiving fair and reasonable compensation for the use of the public rights-of-way. There is no cost for this publication.
This 40-page publication has a chapter on how to best manage the rights-of-way, including common rights-of-way management requirements and how to develop a strong and uniform rights-of-way ordinance. It includes another chapter on how your county may obtain compensation for the use of the public rights-of-way and the various ways the value of that property can be determined.
Throughout the guide are references to how the Telecommunications Act of 1996 addresses local governments, authority over rights-of-way. Another section outlines the relationship between local law, state law, the Federal Communications Commission (FCC) and the federal courts.
A convenient Q&A section is included along with a chapter on additional resources that includes court decisions, FCC actions and other information resources.
To obtain a copy of this guide, contact Stacey Kennedy at (202) 942-4256 or via e-mail, skennedy@naco.org.
