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Introduced Version - Originating in Committee Senate Concurrent Resolution 80 History

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SENATE CONCURRENT RESOLUTION NO. 80

(By Senators Unger, Jenkins, Barnes, D. Facemire, K. Facemyer, Fanning, Stollings and White)


[Originating in the Committee on Transportation and Infrastructure; reported on April 10, 2009.]


Requesting the Joint Committee on Government and Finance study the issues related to greater access to wireless towers by competing wireless telephone carriers.

Whereas, Current state law promotes the construction of wireless towers in remote areas of this state to provide enhanced access to emergency services by the use of wireless telephones; and
Whereas, Each of the private wireless telephone carriers tends to be very reluctant to provide access to wireless towers, in remote areas of the state especially, to competing wireless telephone carriers even though public funds have subsidized the construction cost of those towers; and
Whereas, For wireless towers built and maintained with some public funds, the Legislature, the West Virginia Public Service Commission and other appropriate public bodies are entitled to have access to the fee arrangements and other relevant written agreements between the county commissions and the private wireless telephone carriers for the use by the carriers of those towers; and
Whereas, Even for wireless towers not subsidized by public funds, the public in certain circumstances has a reasonable interest in greater cooperation among private wireless telephone carriers with respect to providing access to wireless towers to competing carriers, for example if exclusive access results in very poor customer service or clearly exorbitant rates; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the issues related to greater access to wireless towers by competing wireless telephone carriers; and, be it
Further Resolved, That the Joint Committee on Government and Finance may obtain relevant information from any experts or from other sources to facilitate this study; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
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