ADVISORY TASK FORCE ON RIGHT-OF-WAY RULES
Large Group Meeting Notes
Tuesday, October 14, 1997
The large group meeting began with sub-group presentations.
Mapping group
Sub-group reviewed the Reviser's draft, made several changes and faxed agreed upon changes
back to the Reviser.
The sub-group will meet again to incorporate issues pending in other sub-groups including the
definition of abandonment, confidentiality, etc.
The revised language will be faxed to subcommittee members and distributed to the rest of the
large group.
High Density Corridor
HDC funding problem needs to be resolved for the rest of issues to fall into place. The sub-group
discussed the risk involved in the investment.
Established a six-step Authority to Proceed (ATP) Process for cities to follow:
Complete a need or opportunity analysis
Issue a request for comments
Develop a business plan
Take to governing body for approval
City council issues an ATP
Finalize, design and build duct bank *
* There's room here for discussion. Also noted, remove the first bullet point under #6 on the draft
ATP Process that states, "Implement permit surcharge to finance spares."
A suggestion was offered from a large-group member that no one can have more than one spare
duct.
The industry will come prepared to talk about the possibility of an industry designed and operated
duct system.
Indemnification
Sub-group identified issues and sub-issues and determined where there was agreement and
disagreement.
Indemnity
Have agreement on a number of issues.
Waiting for language on indemnification of local governments as it relates to their
inspection and permit issuance.
Limitation of liability
Concluded that members may not be able to come to an agreement here; the
sub-group may not have this as an issue and may instead submit positions.
Abandonment
Tried to come-up with a definition of abandonment – and then what happens to
equipment once it has been abandoned.
Performance Bonds
Need for security to make sure the city is covered in case it needs to go back and
restore.
How long does the security exist to cover ongoing costs in restoration?
Three out of the four issues should be worked out.
Construction Standards
Sub-group defined: degradation cost; closure of a project; and application form.
Restoration language was prepared by industry members and the group is discussing.
Reviser has taken the sub-group's ideas and definitions and has put them into draft language; the
sub-group will review.
Three year commitment or guarantee on restoration is something the industry does not agree
with.
Policy
Sub-group heard from Local Government Units in response to industry proposals regarding Model
Ordinance.
Members identified areas of common ground and of no common ground. The sub-group will
discuss areas where it can make changes and delineate others.
This is the proper area to address scope-of-statute issues raised by small groups.
Mapping committee is as far as they can go. We can reassign Mapping committee members to
existing committees to deal with the issue of balance.
Next week the large group should finish its work. On Friday afternoon, sub-groups will provide
committee reports to the large group. Members can then use the following week to go back to
their constituencies. The task force will bring the project to closure on Saturday, November 1.
The groups will work on a summary document and get it to the PUC within a week or two of the
November 1 recommendation. Cities and Industry can also work on minority reports at this same
time. We will report to the PUC those areas where we have consensus and have come-up with
language.
The large group broke into sub-groups for the remainder of the day.
Updated October 22, 1997