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.