By Ron Thaniel
July 1, 2002

Conference Transportation and Communications Chairman Fort Worth Mayor Kenneth L. Barr told committee members at their June 15 meeting that, "the September 11 attacks on New York and Washington instantly revealed the importance of a balanced, multi-modal, shock-resistant, and secure transportation system to our nation and that securing transportation system at all levels, whether it is air, maritime, rail, or highway is necessary to continue to rebuild confidence in our modes of transportation and to strengthen our country's economic security."

Demonstrating the U.S. Conference of Mayors strong support for Amtrak, Mayor Barr said "any serious discussion on the future of transportation cannot just be about aviation and highways. It must include a network of long and short distance passenger, commuter, and high-speed trains."

Mayor Barr also talked about Transportation Under Secretary John Magaw's remarks to the mayors at the Annual meeting's Homeland Security Session saying that "we heard Under Secretary John Magaw say that November 19 deadline to have federal screeners in place will be met as well as the year-end deadline of having all checked baggage for explosives."

Mayor Barr also emphasized that the U.S. Conference of Mayors strongly believes in the success of the TEA-21 partnership. He said "this law has provided the nation's cities with transportation resources to enhance the quality of life for our citizens and has increased the competitiveness of our cities in the world economy." In the reauthorization of TEA-21, Mayor Barr noted "that the nation's mayors call on the federal government to preserve and grow a program that suballocates surface transportation funds to metropolitan areas for the repair and maintenance of existing urban highways while giving equal weight to expanding public transit systems, congestion mitigation, safety programs, intermodal projects, land use, and environmental stewardship."

Vice Chair for Telecommunications, Dearborn Mayor Michael Guido talked about challenges to the Telecommunications Act of 1996 by industry lobbyists who are targeting a reduction or elimination of local control and taxing authority of rights-of-ways in particular.

Mayor Guido said "of particular urgency is the recent FCC Declaratory Ruling and Notice of Proposed Rulemaking in the Cable Modem on March 15, 2002." In the Declaratory Ruling, the FCC found for classification purposes that cable modem service is an "interstate information service." It is estimated that local governments will conservatively loose upwards of $330 million dollars this decade alone in franchise fees on this service based on this ruling. Furthermore, the FCC would propose that cable operators be permitted to use public rights of way without providing any form of compensation or being subject to local controls.

Rail Investment Task Force Chair San Jose Mayor Ron Gonzales told the members of the committee that "passenger rail service in the United States is in the midst of a renaissance at the local and regional levels, yet is facing critical policy decisions at the national level. Ridership on our inter-city rail, commuter rail, light rail, and other passenger rail systems continues to increase across the country."

He also explained that "the development of passenger rail service merits support and should continue to be the focus of attention at all levels of government."

Mayor Gonzales stressed that "current federal funding levels for investment in passenger rail are inadequate to support the growing demand for improvement and expansion of passenger rail services. Increased federal funding is necessary to foster the growth of all modes of passenger rail and public transportation."

In concluding his remarks to the committee, Mayor Barr said "next year is an important legislative year for us because Congress will take up TEA-21 Reauthorization, the aviation bill, AIR-21, and determine the direction of Amtrak. We have a lot of work ahead of us. The resolutions that we passed today will provide the basis of our policy positions on these and other important issues facing our cities."

Resolutions Focus On Rights-of-Ways control, TEA-21 Reauthorization, Amtrak and Commuter Rail

The Committee considered 14 resolutions on issues ranging from local government's control of rights-of-ways to the reauthorization of TEA-21 emphasizing greater local control of funding and project selection. Cerritos Mayor Bruce Barrows also brought an additional resolution before the Committee that called for financing and grants for maglev design in the reauthorization of TEA-21.

Adopted Resolutions

Public Safety Spectrum urges that the 24 MHZ of spectrum in the 700 MHZ band be made available for local public safety uses as quickly as possible, and calls on the federal government to assist local governments with the tremendous cost of outfitting public safety agencies with communications hardware that facilitates interoperable communications between a variety of agencies.

Digital Opportunity Investment Trust calls on the U.S. Conference of Mayors to endorse the concept of a Digital Opportunity Investment Trust to meet the urgent need to transform learning in the 21st century with financing by revenues from investing $18 billion received from the mandated FCC auctions of radio spectrum; and urges Congress to enact safeguards as are necessary to see that a significant allocation of these funds benefit K-12 public school students as well as communities significantly impacted by the "digital divide."

Federal Communications Commission Cable Modem Declaratory Order urges that the FCC amend its ruling that characterizes cable modem service as an "interstate information service" to a cable service, returning to local government the ability to protect consumers as well as forcing cable monopolies to pay the fair rent it had agreed to for access to public rights-of-ways.

Rights-Of-Ways calls on the FCC, the Congress, as well as the telecommunications industry to respect local government's right to manage local infrastructure; and underscores that local taxpayers not be required to subsidize the telecommunications industry by being denied the ability to recover the expense associated with access to the rights-of-ways and a fair rent.

Universal Access To Broadband Services urges Congress and the Administration to continue, and where appropriate, increase the level of support available to the Universal Service Fund for Schools and Libraries, and Technology Opportunities Program; and that the Universal Service Fund be expanded to include all advanced telecommunications services delivered via wire, including cable modem services.

Establishing Highway And Transit Program Goals In TEA-21 calls on the Administration and Congress to build upon the strengths of TEA-21 and provide even greater flexibility, control, and funding for local governments in the reauthorization of the bill.

Establishing Urban Design Standards For Transportation Infrastructure Improvements request that the U.S. Department of Transportation and Congress establish a set of standards for urban areas which will reflect the unique situations found in high density urban areas, including fixed rights-of-ways and existing urban infrastructure that result in project delays and higher costs.

Support For Increased Aviation Security call upon the Transportation Security Administration to meet deadlines in the aviation security law, including 100 percent federalized screening of the workforce by November 2002 and 100 percent checked bags for explosives by year-end; and request Congress and the Transportation Security Administration to provide direction and the means that will allow all airports to accomplish the daunting task of meeting deadlines.

Amtrak calls upon the Administration and the Congress to oppose privatization of Amtrak and provide at least $2 billion for Amtrak in FY 2003.

Railroad Whistle Ban urges the Federal Railroad Administration to move quickly on the implementation of a final rule that will recognize and meet the needs of urban areas where rail activity is frequent and facilitate the process of implementing whistle bans; and include federal funds to provide local governments with the financial resources necessary to upgrade their current safety measures at street-highway-rail grade crossings.

National Seaport Security calls upon the Congress and Administration to provide flexible federal funds to meet the unique local security and anti-terrorism needs of major U.S. seaports; and encourages the federal government to enhance the communication between the federal government and local law enforcement and security interest.

Railroad Access supports granting to commuter rail, light rail and other public transit operators the same guaranteed access to the freight railroad network as Amtrak either through TEA-3 or separate legislation; and establishes a federal mechanism to resolve disputes between public transit operators and the private freight railroads on freight railroad access issues.

Rail Issues calls on the Administration and Congress to support increased investment in the overall growth of passenger rail, including intercity rail, regional high-speed rail, commuter rail, heavy rail, light rail, and other passenger rail transit systems.

TEA-21 Reauthorization Resolution: Rail Issues calls on the Administration and Congress to give consideration to improving the New Starts Program, encouraging highest possible guaranteed spending levels for the federal transit, retaining the existing needs-based transit program structure; and refraining from imposing a state cap on federal transit funding allocations.