By Ron Thaniel
February 9, 2004

Under the leadership of Seattle Mayor Greg Nickels the Conference of Mayors Transportation and Communications Committee met on January 21 to discuss the reauthorization of the nation's surface transportation laws, the status of the cable modem appeal and to begin a best practice mayoral dialogue of How Cities Are Using Technology to Improve Service Delivery.

Urging Congress to Reauthorization of TEA-21

Following up on the successful Conference Transportation and Communications Committee TEA-21 Reauthorization Advocacy Day in November, the Committee released a letter to Congress urging action on reauthorizing TEA-21 before the current extension period expires at the end of February.

The letter to Congress highlights that transportation investment is essential to the success of metropolitan areas and that the cornerstone of this investment is the reauthorization of TEA-21. This law invests in transit, addresses aging and congested infrastructure and fosters desperately needed job creation.

Demonstrating support in the letter for the considerable $375 billion House of Representatives transportation bill, the Committee said maintaining the Conference's support for the $375 billion bill is contingent on smart transportation investment such as increased transit investment, significant funds to address aging and congested infrastructure, and greater suballocation of transportation resources to local government.

Joining the mayors for this discussion on reauthorizing the nation's transportation laws were guests from the U.S. House of Representatives, The U.S. Department of Transportation Office of the Secretary, and the Washington based transportation industry.

Ward McCarragher, Democratic Chief Counsel to the House Transportation and Infrastructure Committee, acknowledge the Conference's priorities in the letter. Of particular note were his supportive comments on "Projects Of National Significance."

Recognizing that it is difficult for localities and States to dedicate adequate resources to large-scale infrastructure projects addressing aging and congested transportation infrastructure, the House Transportation Committee is proposing $17.6 billion for "Projects of National Significance."

Highlighting the need for a funding source to address large'scale transportation projects, McCarragher said "all these projects are enormously expensive and have national benefits in terms of their ability to improve international trade and the environment."

Josiah Daniels, Legislative Assistant to Congresswoman Eddie Bernice Johnson (TX) discussed the centerpiece of the Conference's reauthorization agenda — getting more federal transportation funding and project decision making to local elected officials in the reauthorization of TEA-21.

Two weeks after a November meeting with U.S. Conference of Mayors leadership, Congresswoman Eddie Bernice Johnson (TX) introduced the "Metropolitan Congestion Relief Act." The "Metropolitan Congestion Relief Act" suballocates federal transportation commitments to cities. The meeting included Conference Vice President Akron Mayor Donald L. Plusquellic, Advisory Board Chair Long Beach Mayor Beverly O'Neill, Transportation and Communications Committee Chair Seattle Mayor Greg Nickels, and North Little Rock Mayor Patrick Henry Hays, Chairman of the Amtrak Mayor's Advisory Council, on the of allocation of federal transportation resources to cities.

Jack Basso, Director of Management and Business Development for the American Association of State Highway and Transportation Officials (AASHTO) covered the overarching issue facing Congress and the Administration in the reauthorization of TEA-21 — how do you pay for the needed growth in the program?

Basso said the "needs for this program (TEA-21 reauthorization) are defined by the U.S. Department of Transportation and a minimal investment at all levels of government of $95 billion a year just to maintain and $125 billion per year to improve the conditions and address congestion and performance of the highway system."

"$19 billion per year is needed for transit to maintain and $41 billion per year to improve the conditions and performance of transit," said Basso.

Samuel S. Reid, Deputy Assistant Secretary for Government Affairs U.S. Department of Transportation provided the Committee with an overview of Transportation Secretary Norman Y. Mineta's remarks the next day before the Conference.

Amtrak Update

Vice Chair for Railroads and Passenger Rail of the Transportation and Communications Committee Meridian Mayor John Robert Smith, past Amtrak Board Chair, provided an update on Amtrak fiscal year 2003 outstanding ridership performance and fiscal year 2005 budget request.

Thanking the mayors for their continued support for passenger rail, Mayor Smith noted that "ridership on the long-distance trains have increased 30 percent with double digit increases every month from August — December."

Smith also mentioned Amtrak's Fiscal 2005 budget request will be somewhere between $1.5 billion and $1.8 billion.

Telecommunications Update

Vice Chair for Telecommunications of the Transportation and Communications Committee Dearborn Mayor Michael A. Guido opened the communications discussion by stating that "since our last meeting in Denver, we have witnessed, as expected, an aggressive regulatory, legislative and judicial agenda for telecommunications that continues to challenge local government control of rights'of-way and taxing authority."

With that introduction, Guido introduced Nick Miller from the law offices of Miller and Van Eaton who provided the Committee with a comprehensive analysis on a number of telecommunications, cable, and regulatory actions being addressed by the Conference.

As the co-lead attorney representing the Conference of Mayors on the FCC Cable Modem law suit Miller provided the Committee with issues before or likely to come before Congress shortly, including rights of way, cable rates, cable modem, cable access, public safety spectrum, interoperability and non-interference, S.150. He also provided the Committee with a judicial update including Brand X (Cable Modem) — is cable modem a cable, telecommunications or information service? Highlighting the challenging regulatory equation of this discussion, Miller briefed the Committee on the Cable Modem issue, Wireline Broadband, and Cable Rate Regulation.

Guido led a best practice discussion on how cities are using telecommunications to improve service delivery. Laredo Mayor Elizabeth G. Flores and Arvada Mayor Ken Fellman contributed best practice examples that are being compiled for a technology best release during the U.S. Conference of Mayors Annual Meeting this summer in Boston.