SCR 26: Relating to the policy on use of a state right-of-way for fiber-optic cables.

00SENATE CONCURRENT RESOLUTION NO. 26 01 Relating to the policy on use of a state right-of-way for fiber-optic cables. 02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 WHEREAS art. VIII, sec. 17, Constitution of the State of Alaska, provides that 04 regulations governing the use or disposal of natural resources shall apply equally to all persons 05 similarly situated; and 06 WHEREAS sec. 253(c) of the Federal Telecommunications Act of 1996 provides that 07 state government may require fair and reasonable compensation from telecommunications 08 providers on a competitively neutral and nondiscriminatory basis; and 09 WHEREAS the Alaska Railroad, consistent with its mandate to obtain value for its 10 resources, has obtained right-of-way lease terms from fiber-optic cable providers based on 11 market value; and 12 WHEREAS the Department of Natural Resources appears to support a fiber-optic 13 cable right-of-way pricing policy that fails to seek lease terms based on market value; 14 BE IT RESOLVED that the Alaska State Legislature declares that it is its wish that

01 the state provide a stable and appropriate regulatory environment to give fiber-optic cable 02 projects the best opportunity to compete with one another on a neutral and nondiscriminatory 03 basis; and be it 04 FURTHER RESOLVED that the Alaska State Legislature supports efforts to provide 05 such a regulatory environment; and be it 06 FURTHER RESOLVED that it is the wish of the Alaska State Legislature that the 07 state obtain value for its right-of-way resources; and be it 08 FURTHER RESOLVED that Governor Tony Knowles is respectfully requested to 09 consider and to report to the legislature efforts to ensure that use of a state right-of-way for 10 fiber-optic cable is priced based on market value and that the state policy on this subject does 11 not give undue advantage to one fiber-optic cable provider over another.