For about one hundred years, cities in Oregon have had authority over the public right of way they hold in trust for their citizens. The public right of way includes streets, roads, highways, bridges, alleys, sidewalks, trails and paths. Citizens make ordinary use of the public right of way by driving or walking on it. Others entities access above, on, or below the public right of way for extraordinary uses, such as placement of utility lines. Technological advancement and a growing telecommunications industry contribute to the increasingly busy and crowded nature of the modern public right of way.
Cities have authority to manage the public right of way.
Cities respond to competing needs and provide all users equitable and safe access to the public right of way. Cities also maintain the authority to receive compensation from entities that profit from their extraordinary use of the public right of way. As the telecommunications industry rapidly changes and grows, city authority to manage and receive compensation for the public right of way becomes increasingly critical. In recent years, a number of events have impacted the quickly expanding telecommunications field. In 1996, Congress passed the Telecommunications Act of 1996.