By Ron Thaniel
June 23, 2003

On Friday June 6, Dearborn Mayor Michael A. Guido, acting Chair of the Transportation and Communications Committee, joined with Committee members to approve resolutions that reaffirmed and strengthened the Conference of Mayors reauthorization platform for Amtrak, aviation and the Surface transportation modes as well as addressed continued communications threats to local control of rights of ways.

Amtrak Reauthorization

Leading the discussion on Amtrak reauthorization and the future of passenger rail was Meridian (MS) Mayor John Robert Smith, Chairman of the Amtrak Board and Vice Chair of the Transportation and Communications Committee. He was joined by U.S. Department of Transportation Assistant Secretary for Transportation Policy Emil H. Frankel and Reconnecting America President and CEO Hank Dittmar.

Smith told the mayors "as Chairman of the Amtrak Board, I have been able to visit you and your hometowns to see literally how Amtrak has interfaced with your city. It has been a great pleasure to visit you and I want to thank you for your leadership," said Smith.

"A year ago, Amtrak was on the verge of financial insolvency and we needed $1.2 billion dollars to be able to survive for another year. And, thanks to your help, mayors weighed in and people on Capital Hill listened," said Smith.

Smith noted, "The good news is that we will get through the summer without a crisis looming." In fact Smith highlighted that "April was a great month for Amtrak. It was the best April in ridership ever. We posted 2.5 percent gain over last year and the long distance trains supported a 19 percent ridership increase."

Highlighting the difficult road ahead, Smith stated, "Amtrak reauthorization expired on September 30 of 2002 and the administration and Congress will be debating the authorization. any restructuring of passenger rail will take between 4 and 8 years which makes it critically important during that time of debate that you create stability and keep an eye on deteriorating infrastructure by investing in the infrastructure."

To meet these objectives during the reauthorization of Amtrak, Amtrak has requested $1.8 billion in the FY 2004 appropriation. "There is no smoke and mirrors. What you will get is a railroad in a good state of repair and it also buys you time to debate the reauthorization," said Smith.

Assistant Secretary Emil Frankel said, "The Bush administration is absolutely committed to the key role of intercity passenger rail in a multi-modal national transportation system."

"The principle is that this is a key service that should be provided where the market identifies itself as a nitch," said Frankel.

Specifically, the administration supports a six-year authorization, which will allow for a fully implemented restructuring of intercity passenger rail service within one authorization cycle.

The administration envisions a Federal role similar to its current role in mass transit. The Department of Transportation would provide capital grants directly to states operating passenger rail service. In turn, states would be responsible for determining the specifics of their respective rail operations.

Hank Dittmar, President and CEO of Reconnecting America stated that "the nation's intercity transportation system is in crisis, and a new approach is needed for the 21st century."

Highlighting the Reconnecting America transportation plan, Dittmar noted "changes in government policy and practice to permit a closer integration of air with rail and bus would create a more stable financial system for all three modes, enabling each to serve the markets best suited."

"With all the legislation affecting aviation, rail and highways up for Congressional renewal this year, the time is right to begin building an integrated intercity travel system for the 21st century. Linking our air rail and bus systems is the place to start," said Dittmar.

SAFETEA

Frankel provided the mayors with the status of the reauthorization of the Transportation Equity act for the 21st known as The Safe and Flexible Transportation Efficiency act of 2003, or SAFETEA noting that the administration is "absolutely committed to congressional enactment this year of a multi-year 6 year reauthorization," said Frankel.

Stating that the administration "does not favor an increase in gasoline taxes" Frankel noted the 17 percent increase over the authorized levels in TEA-21.

SAFETEA Summary

• Authorization Period: Fiscal years 2004-2009 (6 years).
• Total authorization Funding Level: approximately $250 billion (17 percent increase over the authorized levels in TEA 21).
• There are budgetary firewalls established for the highway category (Federal-aid highways, highway safety, and motor carrier safety) and for the trust fund portion of the transit program. These firewalls are effective only if the 1985 Balanced Budget and Emergency Deficit Control act is reauthorized before enactment of the authorization.
• The highway programs are firewalled at $196.4 billion over 6 years. This is a 20 percent increase over the guaranteed highway programs funding level contained in TEA 21 of $163 billion.
• The guaranteed portion of the transit program totals $37.6 billion (the mass transit account-funded portion of the program). Another $8 billion in general funds are authorized for the transit program, but these funds are outside the firewall. Under TEA 21, both the trust fund and general fund portions of the transit program are protected by the budgetary firewall.

Reauthorization of FAA

Frankel noted that the reauthorization of the Federal aviation administration (FAA) aviation programs have "been reported out of both houses."

A little different from the administration's bill, Frankel expects the reauthorization of the FAA to move without much difficulty.

Telecommunications Update

Arvada (CO) Mayor Ken Fellman, Chairman of the Local and State Government advisory Committee give an update on the key telecommunications issues before the mayors including the cable modem issue.

On March 15, 2002, the FCC issued a Declaratory Order finding that cable modem service offered over a cable system is an "interstate information service." In its decision, the FCC found that cable modem service is neither a telecommunications service, subject to state or federal telecommunications regulations, nor a cable service subject to local cable franchise requirements. As an interstate information service, oversight of cable modem service will be virtually nonexistent.

The FCC simultaneously issued a Notice of Proposed Rulemaking (NPRM) raising a series of questions about how this interstate information service should be treated for purpose of public rights'-of-way access and other interactions with local communities and cable modem subscribers.

"The issue is that local government has argued that cable modem is a cable service and should be treated as a cable service," said Fellman.

Covering the control of rights of ways issue, Fellman noted that the FCC argues that they have the authority to decided rights of ways issues; however, Fellman noted that "the 1996 Telecommunications act has clear language that says rights of ways regulatory issues have to go to the court — they don't go before the FCC.

Resolutions

The Transportation and Communications Committee considered and adopted the following resolutions, which were later adopted by the Conference of Mayors' full body. The resolutions included the following:

In Support of Increased Funding for Security and Operations of Airports in the 21st Century calls on the administration and Congress to provide airports with the resources to carry out both their security and expansion programs; establish a funding mechanism to pay for security capital costs at airports; firewall the AIP account from TSA security needs; fully reimburse airports and local government for the use of law enforcement officers; and maintain current budget protections.

In Support of Amtrak Reauthorization calls upon the administration and Congress to invest in Amtrak by creating a long-term, sustainable federal funding mechanism; provide at least $1.8 billion for Amtrak in FY04 to sustain our national intercity passenger rail system over the next year; fund Amtrak's five-year strategic plan through FY08; reject efforts to break up and privatize Amtrak inter-city passenger rail operations; dedicate a portion of any proceeds from any new federal fuels excise tax increase for inter-city rail with Amtrak as the operator; and dedicate a portion of any proceeds from the federal issuance of bonds to fund transportation spending, including inter-city passenger rail.

In Support of Border Free Local Telecommunications Calling urges for affordable cross'border calling plans; thanks the FCC and the U.S. Trade Representative for their past efforts; requests that they continue to press Mexico to open its telecommunications market; and recommends that this resolution be translated into Spanish and forwarded to the Mexican association of Municipalities requesting their assistance and support for lower calling rates.

In Support of Heightened Accountability and Performance Measurements of State Departments of Transportation and Metropolitan Planning Organizations in Reauthorization of TEA-21 calls on the administration and Congress to subject state DOTs and MPOs to heightened performance and accountability requirements; require regular reports to the public on how federal transportation funds are being spent; and require that MPO Board makeup reflect the jurisdiction that the MPO is representing.

In Support of Improving the Transportation Link Between Aviation and Rail by Integrating Intermodal Connections supports the Reconnecting America policy effort; and urges Congress and the administration to incorporate the recommendation of Reconnecting America into the reauthorizations of the aviation, rail, and highway and transit programs in this session of Congress.

In Support of Creating a Federal Funding Source for "MegaProjects" in the Reauthorization of TEA-21 urges Congress to create a Federal funding source to help address "megaprojects" as part of the reauthorization of TEA-21.

In Support of Reauthorization of Wendell Ford Aviation Investment Act for the 21st Century Noise Mitigation Funding urges Congress, as it takes up the reauthorization of AIR-21, to increase funding in the Noise Mitigation category so that the FAA can increase assistance to airports throughout the nation so that they can better respond to the needs of residents located nearby.

In Support of the Creation of a National Rail Infrastructure Program calls on Congress to establish a dedicated federal rail infrastructure program to address needed improvements to our nation's railroad infrastructure.

In Support of the Suballocation of Transportation Funds urges the administration and Congress to suballocate CMAQ (Congestion Mitigation and air Quality Improvements), STP (Surface Transportation Program) funds, NHS (National Highway System), and unprogrammed Minimum Guarantee funds directly to metropolitan areas.

In Support of Transit Funding from the Transportation Trust Fund opposes any plan to take the Highway Trust Fund monies away from the transit program; urges the administration and Congress to maintain at least the current allocation of 20 percent for transit from the Highway Trust Fund; retain the current FTA Local Match Percentage of 20 percent; suballocate federal transit funds directly to metropolitan areas where it is presently not doing so; and urges the administration and Congress to increase transit investment to reflect current and future needs.

Opposition to Federal Communication Commission Cable Modem Ruling applauds the work of the alliance of Local officials against Preemption (ALOAP) for challenging the FCC Cable Modem Ruling, in which The U.S. Conference of Mayors is joined by fellow local government advocates; recommends that local governments support these efforts both financially and politically; and recommends that The U.S. Conference of Mayors, alone or in concert with ALOAP, investigate and, if appropriate, seek a legislative remedy to the challenges presented by the FCC's Cable Modem order and any other challenges to the rights of local government to manage their rights'of-way and be fairly compensated for their use.

In Support of Regulations Promoting Diversity and Non-Discriminatory Treatment for Local Leased Access urges Congress and the FCC to review and adopt rules and regulations to promote diversity and ensure non-discriminating treatment for local minority-leased access programming.

In Support of the President's Hydrogen Fuel Initiative supports the hydrogen fuel initiative to ensure America's energy security which would significantly reduce the need for imported oil and promote clean air in America's cities and reduced greenhouse gas emissions; and urges federal lawmakers to support and fully fund the hydrogen fuel initiative.

On Public Safety Communications addresses interoperability of communications between and among federal, state and local government first responders; and calls on federal and state legislators and regulators, and industry partners, to respect the voice of local government and to ensure that first responders' needs are promoted and preserved.

In Support of anti-spam Legislation addresses the threat of spam E-mail by condemning this commercial threat to the Internet; and urges Congress to pass legislation to address this problem.