By Kevin McCarty
July 16, 2007

Panel Chair and Denver Mayor John Hickenlooper convened the Transportation and Communications Committee, where members approved new resolutions pertaining to a recent Federal Communications Commission (FCC) order on cable franchising, renewal of the federal aviation law, pending charter bus rules, a national intercity rail policy, funding rules for streetcars and trolleys and methods for increased infrastructure investment. Committee members also heard presentations on the work of a national commission studying federal surface transportation policy, Congressional efforts to renew the federal aviation law, and the status of a Conference-backed appeal of an FCC Order on cable franchising.

Minneapolis Mayor R.T. Rybak discussed his recent testimony before the National Surface Transportation Policy and Revenue Commission, which held a lengthy June 20 session with leaders of the seven state and local government organizations. Appearing on behalf of the Conference, Rybak explained that he asked the Commissioners to explore new strategies and approaches to our nation’s transportation challenges, praising the “Administration’s recent emphasis on new partnerships on urban congestion as an example of innovation.” He also reported that he urged the Commissioners to address several key issues in its final report and recommendations, calling for stronger commitments to metropolitan and local area transportation needs, more emphasis on integrated transportation solutions, and more emphasis on what the public wants, citing climate protection as an emerging priority.

Since 2006, the 11-member Commission, chaired by U.S. Transportation Secretary Mary Peters, has been conducting numerous field hearings as well as Washington, DC meetings to assemble its record, and is expected to report to Congress before January 1.

Tucson Mayor Robert E. Walkup, who serves as the panel’s Co-Chair for Aviation, reported on key issues and opportunities pertaining to pending federal legislation renewing the Federal Aviation Administration and its related programs, which are due to expire September 30, 2007. “The most prominent issues relate to whether there will be an increase in the funding of the Airport Improvement Program (AIP) and whether local airports will be able to levy higher Passenger Facility Charges (PFCs) to help cover airport operational costs,” Walkup said.

Walkup emphasized that higher AIP funding — at least $3.8 billion in FY’08 and $4.3 billion over the next few years — is needed to support critical airport projects throughout the U.S. “While AIP funds are important to all airports, they are especially critical to our smaller airports that do not generate enough revenues on their own,” he told the Committee. To help larger airports meet their needs, an increase in the PFC ceiling to $7.50 was being advocated, a position that was previously affirmed by the Committee when it approved a new Conference policy statement on the FAA Reauthorization. Walkup also urged mayors to work with their airport operators, including supporting their July 21-22 Washington fly-in, to push Congress to enact an FAA renewal bill this year.

Alan G. Fishel, an Attorney with Arent Fox, reviewed the status of an appeal by the Conference of Mayors and other organizations of an FCC order that radically alters cable franchising laws; this appeal is now pending in the Sixth Circuit. Fishel explained that the organizations believe the FCC lacked the authority to render its rulings, and that, even if it had the authority, it still erred in numerous respects. He explained how the FCC’s ruling will, among other things, prevent local governments from having adequate time to make decisions on franchising issues, ensuring that cable operators do not offer their services to only selected portions of communities and obtaining the necessary support from cable operators that they need and currently receive, including support relating to PEG operations. The Conference of Mayors and the other organizations are also seeking a stay of the Order which was issued earlier this year.

which was issued earlier this year.

Adopted Resolutions

• Opposing the Federal Communication Commission’s Order Regarding Municipal Governments and Cable Franchising

• Providing Adequate Funding Sources to Address Capacity Needs in the National Airspace System through FAA Reauthorization

• Streetcars, Trolleys and American Cities

• Support of Changes to FTA Charter Service Regulations

• Increasing Federal Role in the Assessment, Development and Financing of Critical National Infrastructure

• A National Intercity Rail Policy for the 21st Century Recommendations of The U.S. Conference of Mayors