By Ron Thaniel
January 31, 2011

Transportation and Communications Committee Vice Chair for Communications Policy and Acting Chair Tallahassee Mayor John Marks convened the Committee at the 79th Winter Meeting of The United States Conference of Mayors in Washington (DC) on January 19. "Investing in energy-efficient transportation infrastructure and deployment of world-class broadband infrastructure is a priority for mayors," said Marks. "Rebuilding and modernizing these systems in cities will create jobs and will ensure that our metropolitan economies emerge from the recession, and, in turn, the nation's economy."

Rebuilding Transportation Systems in Metropolitan Areas

With introductory remarks calling on the Obama Administration and Congress to "reverses decades of underinvestment in metropolitan areas" from Transportation and Communications Committee Vice Chair Oak Park (IL) Mayor David Pope, the mayors were provided an update on the long-delayed reauthorization of the federal surface transportation law from U.S. Department of Transportation Under Secretary for Policy Roy Kienitz and Republican Staff Director of the Highways and Transit Subcommittee of the U.S. House of Representatives Transportation and Infrastructure Committee Jim Tymon.

Kienitz told the committee that the Administration would have an announcement on the surface transportation reauthorization soon. Key themes in the Administration's proposal include high-speed rail, which is a priority for President Barack Obama and Vice President Joe Biden, simplifying highway and transit programs for better outcomes, and livability investments, which are important to Transportation Secretary Ray LaHood and President Obama, said Kienitz. "Transportation is important to our nation."

Tymon said, "Chairman John L. Mica [FL] is planning to move a bill this spring and he hopes to have that bill on the House Floor this summer." Tymon also noted that Mica"…is most responsible for inserting high-speed rail in the Passenger Rail Investment and Improvement Act of 2008 [Amtrak reauthorization]." He said Mica's issue with the Administration's high-speed rail program is that it provided grants for incremental speed improvements and do nothing to advance high-speed rail. Mica believes we need to have one or two high-profile high-speed rail projects, said Tymon.

Tymon noted, "Chairman Mica is probably the biggest supporter of transit on the Republican side of the isle." Mica will look to see why it takes so long to move New Start transit projects through the pipeline, noted Tymon. "He wants to make improvements to the project delivery timeframe."

Speaking to paying for the reauthorization, Tymon said, "The biggest hurdle is on the financing side." He continued, "Funding restraints will cause us to do more with less." The current law is funded at close to $300 billion over six-years. Transportation experts suggests that the highway trust fund, which is largely funded through the gas tax, is capable, at best, of providing funding for a reauthorization in the low range of $200 billion.

Conference of Mayors President Burnsville (MN) Mayor Elizabeth B. Kautz said transportation investment is key to job creation in the private sector. She said a "direct federal partnership should be established with metropolitan areas to ensure increased commitments are made to transportation projects that reduce congestion in metropolitan areas."

"Transportation is important to our cities and their economies," said Conference of Mayors Vice President Los Angeles Mayor Antonio R. Villaraigosa. "Nothing is more important than the issue of transportation."

"Transportation is an area where Republicans and Democrats can find a common ground of agreement," said Marks. "The Conference of Mayors overarching priority is that transportation investments must make a positive contribution to livability, public health, and economic viability of metropolitan areas by integrating transportation, housing, environmental, and economic development while reducing traffic and carbon dioxide emissions," said Pope.

Conference of Mayors high-speed Intercity Rail Task Force Co-Chairs Orlando Mayor Buddy Dyer and Macon (GA) Mayor Robert Reichert announced that over the next 90 days, the task force will meet with transportation stakeholders, we will discuss the issues, and we will prepare policy for consideration at the Conference of Mayors Annual Meeting in Baltimore.

"Because of the vision of President Obama, the leadership of Transportation Secretary LaHood, and the commitment made to the Conference of Mayors by the new Transportation and Infrastructure Committee Chair Mica, that he would include a high-speed rail program in the surface transportation reauthorization, America is about to take its most significant step toward transforming the nation's transportation network since the Interstate Highway System began more than half a century ago," said Dyer.

Reichert said, "The objective of the task force is to make a compelling argument that including a high-speed intercity rail program in the reauthorization of the transportation law is a historic opportunity to modernize America's transportation network, put people back to work, spur economic development, and reduce our nation's dependence on fossil fuels."

World Class high-speed Internet in Cities

Turning the discussion to the National Broadband Plan and outlook for a major rewrite of the 1996 Telecommunications Act, Acting Chair John Marks said, "The Conference of Mayors is committed to reducing the digital divide so that all Americans have access to affordable world class broadband."

"Modernizing America's communications infrastructure is a priority for America's mayors," said Marks. "Broadband investment will create jobs, will enhance educational opportunities, promote economic development, improve health care delivery, assist in achieving energy goals, and quite simply, will enable our metropolitan areas to compete in the world economy."

In introducing Clint Odom, Legislative Counsel to U.S. Senator Bill Nelson of Florida, and Gerry Lederer, Counsel with Miller & Van Eaton, P.L.L.C, Marks said, "The Conference of Mayors is working with the Federal Communications Commission and the Congress on the implementation of the National Broadband Plan, and we are preparing for the potential rewrite of the 1996 Telecommunications Act, by urging the Federal Communications Commission and Congress not take steps that would negatively impact the rights-of-way authority and budgets of cities."

Odom told the mayors that 20 million Americans still don't have access to high-speed Internet and that broadband deployment is a priority for Senator Bill Nelson. "Landmark legislation such as the rewrite of the 1996 Telecommunications Act is not written in one-year," said Odom. He said, until Congress settles Net Neutrality, there is little chance of a rewrite of the 1996 Telecommunications Act.

Lederer, a well-known advocate for the rights of public and private property owners, told the mayors that, "Efforts to rewrite the 1996 Telecommunications Act could commence this year, but not until after Congress decides what to do with Net Neutrality." Lederer noted other issues worthy of support from mayors in the new Congress. Those issues include efforts to dedicate D-Block spectrum to public safety and efforts to overturn damage to the Public, Educational, and Governmental Access (PEG) channels in state legislation.

"How the Federal Communications Commission or Congress define broadband services could cost local governments billions in franchise fees and preempt you [mayors] from enforcing consumer protection and rights-of-way rules," said Lederer. "Look at the Cable Modem definition — you [mayors] are receiving roughly half of the cable franchise fee today because of the Federal Communications Commission's change in the definition of the service."