from: Spinal Column [1]

Commerce, AT&T may be close to utility box agreement

Kirk Pinho

July 18, 2007 - A proposed ordinance in Commerce Township which has sparked concern among AT&T officials and some township residents appears to be nearing finalization, as legal counsel for both the township and the telecommunications company continue to iron out their differences over the ordinance provisions.

Township Attorney Phil Adkison told the township Board of Trustees on Tuesday, July 12 that the ordinance — which would impose restrictions on utility boxes AT&T contends are needed to upgrade service in the community, including the introduction of cable television service — is close to being complete.

An AT&T attorney present at the meeting stated that she had not, at that time, received a copy of the proposed ordinance.

Township Supervisor Tom Zoner said he expects to see the ordinance up for consideration by the township board during its next regular meeting in August.

"When (Adkison) said 'finalized', we are looking for (AT&T) to give final approval and accept our conditions that we are looking for," Zoner said. "They have been passing input back and forth."

"It's getting close," he said of a compromise ordinance.

The proposed ordinance reportedly included provisions that utilities can't be located within 10 feet of an existing or proposed sanitary sewer or water main; that if the utility is located in the right-of-way, any proposed above-ground structures must be placed at existing property lines that are perpendicular to the road right-of-way; and that no above ground structure shall exceed 3 feet in height, or 5 feet in length and width.

AT&T officials have contended that the restrictions on utility box locations would stifle or hamper competition as the company seeks to enter the local cable television market.

AT&T Spokesman Joe Steele has said the concern is with the provisions related to the permitted dimensions and locations for utility boxes. The company wants to replace the boxes they currently have in the community.

Zoner has said the ordinance is intended to protect public safety and property values, among other things. He claims the ordinance wasn't intended to limit AT&T's ability to offer television services in Commerce Township.

A new state law — commonly known as the Metropolitan Extension Telecommunication Rights-of-Way Oversight (METRO) Act — institutes a statewide format for cable service providers to use in negotiating franchise agreements with local governments.

AT&T has been approaching several local communities — including Wixom, Orchard Lake, West Bloomfield, and White Lake — as well as many others around the state to receive local officials' blessings to begin providing television services.

There are 30 AT&T utility boxes in Commerce Township, according to Steele, and the company's planned local upgrades are part of a $620-million AT&T promise to invest in Michigan network upgrades after cable franchising reforms were enacted into law last year.