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HomeMy WebLinkAbout2003-07-09 Utilities Advisory Commission Summary MinutesAPPROVED UAC MINUTES 7/9/03 PAGE 1 OF 35 UTILITY ADVISORY COMMISSION MINUTES 7/9/03 APPROVED Role Call......................................................................... 1 Approval of the Minutes................................................. 1 Reports of Commissioners.............................................. 2 Utilities Director Report ................................................. 2 New Business.................................................................. 4 Fiber to the Home Phase 2 Interim Report................. 4 Santa Clara Valley Water District’s West Pipeline Extension Conceptual Evaluation - Final Report...... 32 Adjournment................................................................. 35 Role Call Carlson: We will call to order and let’s start with calling the role. Present: Ferguson, Bechtel, Carlson, and Rosenbaum. Commissioner Dawes – on Conference. Absent: Beecham. Approval of the Minutes We will go ahead. I don’t see any card or oral communications so we will go ahead with that. Of course we have public input on the agenda item so we will hit that important agenda. So the next item is the approval of minutes. Anything missing in the minutes? APPROVED UAC MINUTES 7/9/03 PAGE 2 OF 35 ____ I move the approval of the minutes of the meeting of June 4, 2003. Carlson: Is there a second? ?: Second. Carlson: Any discussions? All in favor - Unanimous Carlson: So we approved the minutes. Any new items for the agenda? I do understand that the Central Valley Project the item is not on the agenda. Everybody’s agenda was sent out. In case you missed it we just have two information items. Is that right John? Ulrich: That’s correct. The item related to Central Valley Project has been moved to the next scheduled meeting for August the 6th and the agenda notes three items that we currently have scheduled for the next meeting’s agenda. Carlson: What is the Central Valley Project Corporation? I know what the Federal Project is but what is the Corporation? Ulrich: I would prefer that we wait until and surprise you at our next meeting. Basically a financial arm to replace the advance billing process that we currently do for funding Central Valley Projects, plus a number of other things. Reports of Commissioners Carlson: Okay. Reports from the Commissioners Meeting. Has anybody been to a meeting? Summer time. I didn’t think so. Utilities Director Report Carlson: John, go ahead. Give us your overview of where we are. Ulrich: My report is rather going to be brief this evening. I want to report that the City Council approved the budget not only for the General Fund but also for our Enterprise Fund with the exception of two CIP projects which they have asked us to go back and look at those. Both are related to the emergency water plan for specific work and we are going back and looking at the environmental impact report and several other items and we will bring it back probably in the form of a budget amendment request later this summer or earlier fall. Carlson: Which projects are they? Ulrich: Those are the Water Storage and El Camino Park and accounts related to them. The second item is just to review what is being scheduled for upcoming Council Meetings subject to change. Right now we have our LEAP Implementation Plan which has been delayed from June 3rd which is passed to July 15th Finance Committee Meeting APPROVED UAC MINUTES 7/9/03 PAGE 3 OF 35 and delayed from June 30th to the August 4th Council Meeting as an Action Item or as an item for consent calendar. The goal for the gas plant is scheduled for the July 15th Finance Committee and the August 4th Council Meeting. The Western O & M Contract Amendment which I alluded you just a couple of minutes ago which is for funding has been postponed to I think to August 4th Council Meeting and also the Western O & M Contract FY 06 Funding that is scheduled for the date on here is not correct I think it is July 28th Council Meeting. The BASCA Inauguration Meeting was held on 6/19. Bern Beecham was elected as Vice-Chair. We have a plan or program for looking at ways to bring in additional transmission facilities into the Bay Area looking at a joint venture between Alameda, Palo Alto and Santa Clara Silicon Valley Power. As you know we are looking very hard at the changes that the FERC will have and the California ISO which can present us with higher cost for transmission into the Bay Area because of the congestion and so we are looking at ways to have some improvement projects on transmission network will allow us to reduce our cost for transmission by reduction of congestion if we can. So we thought of bringing that group together and entering into a contract with a consulting firm that specializes in this to make it alternative ways and these costs can be shared by the three cities. As you know, the Future Green Program was approved by the City Council, which replaced the last Green Program and we are in the announcement and marketing phase to notify the public so you may have probably seen some ads/communications in the newspaper. We also won an award at the APPA Annual meeting for energy and conservation programs. There are only one or two cities in the United Sates that is doing that Public Power. So we had a so it is kind of potpourri of what is happening. I think at our next meeting in August, with the election of a new Chair, we would like to consider and have some discussion and communication who will replace Ferguson and the duties of editing and reviewing of our draft minutes and other necessary activities. You may want to consider that at our next meeting. Any questions? I conclude my report. Audience: One question John. It sounded as though you are going to City Council in August for this O& M funding thing, which I guess is the Central Valley Project Corp. Is this going to connect with the UAC or not? Ulrich: They are only connected as the CVP Corp which replaced the O&M Funding – future date so they are two separate CMRs that would___ Audience: They are not eminent then? Ulrich: No. That is why we are having the review with UAC first before we go to the Finance Committee. Audience: Thank you. APPROVED UAC MINUTES 7/9/03 PAGE 4 OF 35 Carlson: Any more questions? We do not have any unfinished business and therefore lets move to New Business and we have partial interim report on the Fiber to the Home Phase II. New Business Fiber to the Home Phase 2 Interim Report Ulrich: This is our part of the plan as an interim report so that you have a good idea of what is going to be in the final report in August. It is an opportunity to see what progress has been made and it would be appropriate to fine tune or look at some other areas and subsequently, as necessary to do. With this report, for Dexter’s sake, Blake Heitzman, Manager of Telecommunication is sitting at the table looking at the microphone and right now Dexter – Neil Shaw and Dave Stockton from Uptown Services are also here and are also facing the microphone. Heitzman: I guess I will lead off. Tonight we have interim report as noted Work in Progress. Some of the sections particularly the Competitive Section are very thorough and detailed and some of the marketing sections and rest of it is basically an outline form and I would like to say that we have done a lot of research and essentially our charge between now and the 25th of July is to finish the interim report and return it to the UAC in final form. One of the things I am going to leave of with tonight is on the overhead when Neil stands up and talks about that .The second one it talks about the agenda. The third item is the guiding principles. One of the things that I really want to stress and emphasize the final report are the principles and policies and so forth for operations. I have given the UAC some ideas of what kind of policies they might want to recommend that the business follow and also there would be a governance section which will describe the types of reports that the governing board for this utility would receive on a regular periodic basis, discussion of finance, customer satisfaction and various issues that would allow the governing board to monitor the state of health of this business. So those are the two important sections that are discussed somewhat in the current plan but I want to bring them and emphasize them out in the final plan. So with that said I will let Neil start. __________: One question before we move on. I have a question about governance accept. I did not know how complete that the future section would be an attempt to report descriptive what policies would be seen to the governance rule vs. what responsibilities would continue to ask for the city council as a task. Those three pages notes. Heitzman: I don’t think we can make a distinction between the city council and the governing board or whatever that might be. Whether they are the same or different. But certainly there would be a distinction between the governing boards, a council and staff so that basically my thoughts are that there would be governing policies that the staff would have to follow in the operation of the business and then they would report back showing that they had followed and also the financial well being, and the customer satisfaction measures of business. APPROVED UAC MINUTES 7/9/03 PAGE 5 OF 35 Carlson: Okay. Shaw: I am Neil Shaw and I am with the accounts services. Most probably you know who I am by now. I will be doing the first and the last part of the presentation today, tonight. And the first thing I go through is business plan outline, discuss the full context, - information delivered so far in the business plan . Talk about the business plan in general, in terms of updating where we are with the work we have been doing. As Blake was talking about the guiding principles, which are foundation elements not principals, of a consulting business, I am not sure how it got in there but the we also have the Fiber to the Home process Map or the off ramp diagram which we introduced last year. Ulrich: Were you able to follow this okay Dexter? Dawes:Is this in the material that was written? Ulrich: We will be able to translate from what he is describing to what you have in front of you. Dexter: The print was too small. The road map was fine. Ulrich: Sorry if this is confusing. This is a special meeting on a different night and so we are meeting here rather than in the council chambers and this is the Utilities Advisory Committee Meeting here. Ferguson: Would you say the slide # at the lower right hand corner. Shaw: Slide 3 Work in Progress Summary with the plant component percent complete. The marketing strategy is nearly complete. For the most part this information was disseminated in text form last week on the Internet in paper form. We talked about the business that we are going, that the UAC Fiber to the Home business should address, services analysis looking at the competition in the service area and so on. The things that are up are the marketing and sales plan, and the competitive response and the PR plan and those are the things that Dave is currently working on. Legal regulatory, we will talk about that in a little bit. It is 20% complete. The monthly operating budget is about half done. Majority of that work is the challenge of putting together to maintain revenue module that is completed. The rest of the piece parts are in a form that can be aggregated, integrated and that has not been done yet. Dawes: Regulatory issues that I have raised every time you have come to town. I have been very anxious to get a reading from our Legal Department. I believe that we are proceeding on the basis that nothing in the draft report or judgment from the legal department would impeach on what is being proposed you could assure the UAC that continues to be the case? Do we have plans that we can’t meet because of the legal regulatory requirements? APPROVED UAC MINUTES 7/9/03 PAGE 6 OF 35 Heitzman: We are working with the legal council. There are some issues that they feel we need to discuss in the confidential nature because it could involve strategies and so forth that need to be kept confidential. But we are working with them and there are also some issues that are process orientated which we can come back. They are working with them and we have not encountered anything that is a killer for this at this point. Dawes: ________________________________ or for any fact that there are? Heitzman: Yes. Thank you. Shaw: Okay so now on slide 4 we are looking for new strategies. As Blake said we had a lot of discussions with different players involved here and we will visibly tacking up all these findings, a fairly lengthy report. But as far as partnering goes we will talk about them each individually. We are about 80% finished and some of these have been updated since we published this presentation last week. The service delivery processes are 75% complete. In terms of identifying the key processes and identifying the alternative several processes, the organizational processes is around 40% complete. Financing strategies is about 60%. Okay I am now going to turn over to Dave. Dexter we are not going to have these slides some of the folks are working of the UAC packets I am not going to have the slides but Dave is going to go through the product vision and some of the other marketing issues. Stockton: So this is in slide 5 but it is a different slide (from what you were originally issued).It is an inset in slide. This is about a product vision. I am going to talk about products, pricing, the sales strategies, some of the more fundamental components of the business plan, which got mostly completed at this point. We will share with you where our current thinking is on that. In terms of the product vision, part of what we are trying to do in terms of the strategy is to leverage the opportunity that we have with such a strong network architecture. So starting with Internet what we want to do is to expand data capacity, 2 service speeds for the citizens in small businesses in Palo Alto. We also in dealing with that we want to use tiers. Now SBC is using tiers in the market and we will show you that. Comcast is not but it is an opportunity to provide a range of services. Our intent there is to meet the needs of the entire market so that we are reaching all the different market segments and opening up the opportunity to provide services to as many households as well as small businesses as possible. We will show you those in terms of the current thinking. The thing that we are cautioning on is being careful not to get into something where we price so low that we commoditize or we cannibalize the tiers. In video our strategy there would be to and Comcast is doing some amount of this today is to make sure that we are very much of a high tech in advance video service provider. In terms of practical applications that would mean things like getting on demand high definition TV as well as other services that are merging with the video arena. We would want to source a strong channel line-up and we would want to be using some optional digital tiers. Comcast is using one which is in the market today in fact where they charge $5.00 extra to get some channels. So we also put the city in a position where it can contain programming cost and make sure that the people are getting the programming APPROVED UAC MINUTES 7/9/03 PAGE 7 OF 35 they want and that we are not spreading the cost over the entire city for those residents that do not want such programming. Then we would deploy some extra packaging structure. I will show you a general concept around that. The idea on putting on video is to be able to offer something that is familiar to the residents of Palo Alto that may be getting Comcast video services or perhaps the satellite video service. And then finally on phone our vision there is much simpler as you know as part of Phase I we decided to take a whole sale business module approach to phone so there it is. It is much less sophisticated in terms of the marketing strategy. To recap of what we are trying or needing to accomplish with each of these lines of businesses and I am on page 6 right now. Carlson: This is a different page 6. Shaw: Yeah. I will read through in detail again. But in terms of looking at the revenue task that needs to be delivered by each of these line of business, to meet the requirements of the business plan just a recap of some of the additional details as we are now building out as Neil mentioned the revenue portion of the module. Our focus is especially in the first twenty-four months of the operation to have a month-by-month very detailed understanding of revenues operating expenses capital requirements so that an integrated statement of financials can be presented. In terms of Internet we are looking for year one revenues of about $300,000 growing in year 2 to about $2 million. This represents a majority of revenue of about 46% and an even higher burden in terms of cash flow. The average revenue per user of 45 dollars in year 2. And then year 2 distrbursion in terms of tiers I’ll show you. This is just a percentage of the subscribers and how they will be placed amongst the tiers that we are expecting. The reason we mention this is it is important in going back to that average revenue per user number of 45 dollars. As we design the tiers and as we review them and give directions you will see that we are trying to make sure that we hit that 45 dollar revenue because it is critical in paying of the bond. In the video line of business year 1 revenue 250,000 yr 2 just under 2 million representing about 40 percent of the revenue. Average revenue here is about 40 dollars. That would be probably growing over time but we are assuming that in the yr 2 it is about 40 dollars. The phone is a smaller piece as you would expect in part due to the wholesale strategy year one revenue is about 100,000.00 year two is about 600,000 13% of revenue. Average revenue per user because of the wholesale rate and potentially some profit sharing would probably be about 14 dollars okay. Carlson: These are per month basis? Shaw: Yes these are per month numbers for the revenues. I am now on the next slide. I believe that this one is an insert as well. Carlson: Still not being on capital? Shaw: No. I will not speaking to capital. So we will have that as soon as we complete the operating expense and the capital requirements for the first two years. That is in progress. APPROVED UAC MINUTES 7/9/03 PAGE 8 OF 35 Carlton?: And you will describe to us how you are addressing the technical issues that has certainly been a good amount of email and comments from the technically oriented folks of our town of which they are many and needless to say that there will probably be some comments addressed, controversy about the approach taken. So I think it is very important that you may clear how you are approaching customer issues. Shaw: To that point we have a spirited and healthy discussion this morning. We are going to continue to have meetings around input on with that constituent that has been incorporated in our thinking. So I think we are trying to get on the same page in terms of what is best for the community, what is best for this venture in terms of its financial responsibility as well. Dawes: Does that include whether or not we are going to go for Packet TV or conventional type. Stockton: We are addressing that in our business plan. Dawes: Okay. Shaw: Okay. The next slide is principles of competition. I wanted just like in terms of describing the revenue task that’s ahead of these lines of businesses I wanted to in some nature describe kind of our beliefs and tenants around how we believe Palo Alto should go about in entering these lines of business. We have submitted in the draft as you will notice I believe it is under the pricing section some recommended directives that we are asking the council to consider for staff. And these can be summarized in the four that are in there. And those are the staff should not use prices. The only differentiating factor for services offered on the Fiber to the Home network is self evident that we want to be able to avoid commodity pricing at a greater value than just price. Quality of service performance products etc. Second staff is to use ___________ in the market place I will provide a little further detail in a few slides how we see that it is important to this initiative. Third is that staff will exercise the advantage of Fiber to the Home to compete in the market place if we make this kind of investment, we want to make sure that we are extracting full value for the community and then fourth staff is to provide better or equal service, or equal price so long as the capital and operational costs are met even to a point where transfers to the general fund may be zero in some years. If we fold these together and represent it in terms of the mission statement which would be the City of Palo Alto and therefore its broad band business venture would provide an excellent value to its citizen owners and would be the preferred broad band providers to an accommodation of excellent customer services, fair pricing and enhance product performance all done in an environmentally sustainable manner. Carlson: Before you leave the telephone bullets. Is there a way that you can state the first directive in the positive statement rather than say that staff should not use price. APPROVED UAC MINUTES 7/9/03 PAGE 9 OF 35 What is another way to be stated? I have never been comfortable in negatives in these cost effects. and in particular to come forward with a positive statement what we will do as opposed to what we will not do. Stockton: I think we can revise it. I think that the short immediate answer to that is around the quality of service. It would be around the performance of the products that there is more than just the price that we want to be able to use to bring value to the citizens and small businesses. Carlson: What comes to mind is my dealings with Comcast and you know Cable Coop, AT&T before that and it is the time that you get on the phone and in 30 minutes you are waiting for someone so there are a lot of things we can say that the city can differentiate themselves and I believe that in terms of customer service, responsiveness all the things that we have done in other utilities worked really hard on them for the last two years that can make us real important to people. Stockton: Okay. Carlson: People, as you all know, have a terrible reputation in the industry for customer service and the responsiveness and uninformed people were answering the phone and so on and I think that the City can do a terrific job in that area. So I would rather pick along those lines as opposed not to use price. Stockton: Okay. _______: Just a comment along those lines. I think what George says is fine but if this issue is going to have to come to a vote from the public and if you are not able to tell the public during this election that you will be able to charge less in the encumbrance I think you are at a serious disadvantage. Stockton: We will look at that. We are going to show you our current recommendation in terms of some prices and things of that nature as well. So that being the back drop for where we are coming from our thinking and strategy on how we believe if City should approach this. Let’s talk about video first and then we talk about Internet. I am not going to go into detail on phone because of the wholesale nature of it. I will then wrap up my piece of this by talking a little about what we are doing on sales strategy. In terms of video and to the point on price advantage. I think the group is very familiar with the findings from the market research relative to the interest level in the community for these services especially relative to what we measured as a 10 percent price advantage compared to the encumbrance. So we saw a significant demand. We are carried that theme into the general what we are placing forward is the pricing recommendation. The level of detail we are getting into the business plan is to be strategic on how that is implemented and the way we see that especially in video we do not see that as a tax cut approach where as across the board. But where it is more important and it can be used to best attract customers to the City project. This would be the major category of video service where pricing is a major importance. Limited basic services expanded basic, APPROVED UAC MINUTES 7/9/03 PAGE 10 OF 35 digital products, premium channels such as HBO, paper view and high definition and you can see that most of the categories we are intending to offer a discount and you can see the pricing that is recommended here but not necessarily in every single category. Heitzman: It looks like Table 8 draft plan. Stockton: That would be correct. It shows Comcast, CPAU and then whether or not there is a discount for that particular service. Yes. That’s it. In terms of bringing this to live, one of the things we did is we tried again getting back to the notion of customer value and not just being about price is for video we plotted the number of channels against the monthly price for these services and up here we are showing Comcast as the darker circles, CPAU as the lighter. I mean just looking at some of these, the key here is the increasing value is upward and the lower value is downward into the right. Our goal here is you can see that we have labeled one of these as the Fighter brand. The concept there is we want to offer a great deal of value, kind of in a sweet spot what we believe exists for video services which is the 35-45 dollar price range. This would be for CPAU the entry level digital product and offer a tremendous value not just in terms of price but also in terms of channels as well. Obviously we cannot define the channels at this point of time. We don’t know the specific channels we don’t the exact number that will be done through the programming committee. But in terms of the general product strategy what we are saying here is we want to be very competitive in the sweet spot range for the services but offer good values. _______? I could not figure out from those circles in that diagram how they corresponded to what I am looking at Table A which is the previous slide __________. Either that or your slide is in color. I cannot follow that as it is in black and white. Stockton: Yeah. It is the same package. There is additional information on the previous slide 8 or Table 8 around including installation. __________: Is that the digital package that starts with 60 or 70 bucks it goes up versus digital classics I guess is 61.20? Stockton: What I would be referring to if you look at Table 8 you should be able to see a basic at 45.95 that is what I am referring to. Dawes: Very good. So I am in an obsolete Table because there is no such number on that chart. CPAU is at 25.95, okay. Stockton: That’s it you got it. Dawes: Question on that chart. In the text you provided for us that CPAU is the dark circle and Comcast is the right circle. Is this correct? Stockton: Yes it is correct. APPROVED UAC MINUTES 7/9/03 PAGE 11 OF 35 Stockton: The text has these reversed. This is correct in terms of what you see here. Okay. Slide 19 is Internet and what we are showing here is the incumbent internet offerings so the reason why I want to show is to ground everyone on what’s out there today in terms of the internet product and the main providers in terms of broad band arena of course being Comcast and SBC. Comcast is very straight forward. They have essentially one product with one price of 42.95 and it is cable modem product unto 1.5 megabits downstream. Their definition describes as 256k of stream. __________: I was going to say that Comcast charge you extra if you are not getting other services from them. Stockton: That is correct. __________: Have you factored that into your consideration? Stockton: We have not factored that as yet. You are absolutely right. They charge $15.00 more that becomes 57.95 if you don’t take their radio service. We have however not factored it into setting strategy because 90 percent of the people that are in this product are taking their video product. SBC ad you know is providing service with DSL. They are tiring. They offer some broad hinges in terms of their tiers from what they call unto 364 starting at 39.95 and that is under promotion right now 10 dollars of most of these are. Standard plus to 384 at 1.5 and what they call deluxe at 7.68 to 1.5 and an extra plus. So this is the landscape of what’s out there right now. Very broad ranges in terms of speeds. Rosenbaum: Are you aware that SBC is currently offering if you take it on a one-year term? Stockton: 10 dollar plus. Rosenbaum: No, the standard plus is available for 30 as opposed to 30. I do not know that SBC is doing but both basic and standard plus are 30 dollars a month. Stockton: It is aggressively being promoted right now. Both in terms of the contract as well as promotional offers as well short term. Rosenbaum: My impression is that this is likely to go on for quite a while. What I am asking is, should you, in your charge be taking a possibility of a lower price for SBC into account. Shaw: Could I say something? I think if you look at the final print. The discounted price does not last a year. It is only half a year or 4-6 months that the price lasts for what you are committed and the rest of the price goes up I believe so. Rosenbaum: That is not true. This is something that you should determine. APPROVED UAC MINUTES 7/9/03 PAGE 12 OF 35 Shaw: I did see lower price here. I frankly had a little bit of skeptics around the accuracy of that it makes some sense to match those price. Stockton: The key thing in terms of your pointer question around what we zero in on in terms of determining our strategy we would want to look up at wake up pricing. Wake up pricing means what is our every day rate. We would be using promotional offers and just go forward as these players are as well because for example Comcast is offering this product at 29.95 for three months as well. So there would be promotional offers but what we are trying to zero in right now is what we set as a everyday price. In the revenue model what we are doing is we are assuming that certain portion of revenue if foregone because of promotional discount and in the early years of the venture we are assuming that to be 20-25 percent so fairly substantial. Okay Then again visual presentation of customer value on Internet. Here it is a little bit different of an approach and it comes from a product vision that we started with for the Internet. Here we want to fully utilize the capacity that this network will have in terms of what we can do in offering down especially down street through put. Of course here we are talking about serving the residential market but also the small business market. We believe in the tiring that there is some real opportunity for small business to provide symmetrical service but also the upstream path is also very well burst in high capacity as well. Dawes: Can I ask you a question about the schedule. Looking at the future. Should we have revenue shortfall in this operation? The shortfall would essentially become surcharge in the electrical rates. The electric rates will be boosted to make up shortfall and the whole revenue cycle of a broadband operation. Since so much of our electric power is taken up by big business it would seem to me that if we had a big business offering that was extremely favorable to these people that it would tend to soften any objection, which might come about entering into such a venture. Many months ago one of our largest electric customer waved a red flag about going forward with this kind of a thing. I am just not familiar what big business needs are but in the end I know that it pays big bucks for broad band connections between their facilities and the outside world. When you talk about extremely high up streams and down streams speed 250 bucks a month is this something that would appeal to Hewlett Packard in Palo Alto or big companies, or large users that they would sufficiently be entice by it. Would they use it? Heitzman: I am trying to answer that a little bit Dexter. What we are seeing right now in our dark fiber business is that the larger companies have their own networking so they are more apt to use dark fiber and install their own networking equipment to manage that network so the possibility would be to if dark fiber business rolls in to the fiber business and maybe some advantage of to be priced for those businesses and the use of the dark fiber. Dawes: Okay. If we were to service other businesses……__________________. Shaw: Extremely high service offering is still called a mass type offering. APPROVED UAC MINUTES 7/9/03 PAGE 13 OF 35 Dawes: Inadequate in terms of large capacity for large companies. Shaw: Yes. Stockton: Especially in terms of associated service and support behind it. _______: One thing that might be of interest is to mark it locate within the City of Palo Alto is if we had some sort of offering that allowed for the employees who are located in the City of Palo Alto to have some directive to add service to their employer located within the City of Palo Alto that would be certainly of interest to a number of companies such as HP. Shaw: And those could be some of the network that could be established on top of the regular fiber to the home connection. Dawes: Is that something that is difficult or expensive under their current configuration. Shaw: Currently they will have to use SBC or DSL and is currently expensive to do that. Dawes: And the broad band would not support it very well with DSL. Stockton: No Dawes: Has there been any exploratory discussions with such customers about interest in that regard. Stockton: Those types of things are very individual case basis types plans. They would be hard to project. Once the businesses are in running there is something that could generate lots of extra revenues depending on. Audience: ____________________. Blake had made a statement that fiber to the home survey was going on. That certain neighborhoods in Palo Alto were hooked up. They had managers living there and they would pay the total costs. So we are talking about paying thousands of dollars. HP would pay to hook up the fee for an employee and pay their monthly rates. The answer to the question is YES. Companies were interested in doing this. Stockton: I am still on what slide 11, which is the value analysis for Internet. Before we leave this is what I want to talk about is the three segments of the market that we are looking at and how we approach it. When you start at the top above what is in the market today with respect to DSL and Cable modems looking at 2 megawatts and up what we want to do is compete with the 3 put and capability of the network. So it is very straight forward. We want to offer about three tiers in that range and we got some thinking on that speaks to the high end residential market as well as to the small business market. In the middle today we have a kind of a middle DSL product or a cable modem market in the 40-50 dollar price range. Our thinking varies we want to offer a better through put APPROVED UAC MINUTES 7/9/03 PAGE 14 OF 35 add a 10% discount roughly. So you can see in terms of how we visually compare offering greater downstream through put. Our current number on that is 2 megawatts downstream for just under 40 dollars. Dawes: Plus you have a better reliability and that is important. _______________ cable modems. Stockton: Yeah. The third moving down still would be getting into what is below the broadband definition today maybe a little below DSL but considering the dial of the market etc. we want to place a product into the market there to be attracted to dial up customers that may not be ready for whatever reasons to go to be broadband as it is defined today. So we are thinking of a middle range product not priced as low as dial up partly because it would offer better through put but also keep in mind it would take away the need for a second phone line as well as provide all these kinds of activity. So trying to protect that bottom price point, protect the average revenue per user we need from this line of business and make sure that we are staying away from commoditizing it that’s way our representatives are thinking around us. _________: What is the thinking between using upgrade a symmetrical service as opposed to symmetrical services? As a differentiator why aren’t we looking at that? Stockton: We are looking at both. I think the main market need is going to be symmetrical is going to exist for small business just in terms of how they move data around etc. In terms of how residential users typically use the service, there just isn’t that need. We might want to consider on this hiring product maybe pulling this number of but I think symmetrically really resonates with the small businesses market versus small consumer markets. _________: Is there any capital advantage that is lower system costs build out costs and so on, gateways and so on if we offer a symmetrical service to the residents. Stockton: Yes. There are two levels of this. It is one thing discussed in our meeting with citizens__________ this morning. What we are looking at here is Internet traffic. So this is the traffic that is going out in the backbone, traveling across the internet. The venture would have to pay for that kind of activity and how much travel is going on to that. The size of the pipe is a variable cost that needs to be accounted for in a business plan and cost structure. The other piece of that of course is on network traffic or Intranet traffic that is the different story. But in terms of the volume of traffic here what you are looking at is placing it around the Intranet. Audience: So when you browse there is a natural between 3-4 to 1 ratio data coming down to coming up and that is just a well known for that number. So holding in that ratio will __________ Intranet is obviously a different picture. The other thing is when you are sending the service out as an internet as a internet service provider it costs me more to do residential service than business who pays what in which direction. So from your APPROVED UAC MINUTES 7/9/03 PAGE 15 OF 35 point of view it costs more to charge a residential user in a broadband than it does a business user. ______: How much revenue would you receive____________ if you just priced the high end at the residential high. You just said that there are only three services. High is everywhere. Would it be 20% of the revenue? 80%? Stockton: I would have to run a number. It depends on a distribution. I do not have the number on the top of my head. I showed you the distribution on the earlier slide in terms of what we think. At the outset we think that two thirds of the market will be here in terms the subscriber pays for the venture and the balance here. That however is not the only issue. The other issue is ____________________ . Stockton: The other thing is we think that the application will drive more capacity down the road as well. Audience: I think that there is a natural thing to consider in terms of differential because of the residential part of ___________ small business part and that is overselling and the issue is that if you are having 4 megabits downstream range for example and you have only a 100 customers you are not going to provide to provide 400megabits worth of downstream range because you are all not going to be using it at the same time. The degree of overselling is typically reduced for small business to operate and the extent you can segregate your traffic with the network and provide a better quality of service for the small business traffic that would also help to justify people claiming additional funds from revenue because their traffic has priority over the network sent out over the general. ______________________ Stockton: As the city considers and issues are pieced to vendors to look at the right selection that quality service capability is important. Because that is definitely there. Audience:I read about Korea. Their upstream usage is greater than their downstream. __________________ what is your comment? Stockton: I can’t speak. I have no knowledge of that. Audience: ____________smaller industrial plants…it creates a kind of dark side. Audience: Well, small business locator is a relatively natural increment over the residential high. __________________ high band pay for it. Carlson: Could we limit the questions here? This is going to be an endless discussion we don’t want to be here until midnight because we are going to do this all over again in a month so could we just go through the presentation. Stockton: Absolutely. John has asked me to describe small business in terms of what we are looking at there. Just not Moms and Pops. We are thinking of up to usually 10 APPROVED UAC MINUTES 7/9/03 PAGE 16 OF 35 employees. I t will be kind of a classic definition and telecommunications industry of about 10 employees for small businesses. The final thing I am proud of before moving into salesmanship and wrapping up this section is around bundling some strategic considerations and I am on slide 13 which is the impact of bundling and what we have here is just in terms of I am going to show you a bundling design but a couple key financial matrix around of why bundling and this is some data that we have some uptown analysis we have done within the cable industry and it is just showing that our subscribers who have just analog video at the bottom working on up to digital two products and also all three products what happens to average revenue per month which is obviously intuitive but also more important what happens to ______________ which is not quite intuitive in terms of the dramatic impact to ______________ in reducing it when subscribers are in a bundle and getting multiple services. So in terms of why we want to look at bundling this is the reason. The current design we are thinking of and I am on slide 14, which shows how we bundle this. This is in a draft so we pulled it out right there. Is that we are looking at two three product bundles and two product bundles the difference between them is the high end in each band would have two premiums within the video product and lower one would not have any premiums and it would essentially be a digital basic kind of product. We have the competitive equivalent showing up here as a combination of both Comcast as well as SBC in terms of what the market value is of these products today. There is actually very little bundling going on. SBC claims their bundling. It is pretty smoking mirrors and pretty confusing around what is there. In terms of Comcast that point was made earlier so we are just using the 42.95 price which is their bundle price. Shaw: Our intent here would be to offer these discounts above and beyond the rate card pricing that we are talking about for the CPAU services. So it is not a discount of these prices but it will be a discount of CPAU prices. As an example we will be looking at the three product at the top which is digital basic the medium internet define product and local phone probably looking at somewhere around 99.00 price point for that product as an example. So these will be the bundles. ______: We got a good comment from someone and recently in the last few days an email about the council virus staff setting pricing and it comes up to an interesting point. It is that I think the question would be a general question that we can probably it would have to come out sometime in our process how the prices are actually set. Staff makes a recommendation, goes to the UAC Council approves that’s our current utility rates. Our discount schedule also. All the rate cards are reproved. In the dynamic market I could see pricing having come to this process quarterly is it going to be that bad? Stockton: I think that is why you are raising the point why we are putting forward these guidelines around how we govern and respond quickly in the market. That is we are looking for an approval and ability to deliver on the business plan but make operational decisions like appraising nature within staff. That is the reason why. It is a very dynamic and very competitive market. If you look both at the video and of course the internet side right now, price changes to promotional offers move very quickly. We are asking for, as APPROVED UAC MINUTES 7/9/03 PAGE 17 OF 35 opposed to rate card approval and submittal of specific pricing, we are asking for and consulting and advising on, is that instead the model somehow be adjusted for this broadband adventure to be more around strategic guidance framework as opposed to specific price point approval. Rosenbaum: So that means we expect to see your business plan this month. Stockton: Yeah we will finish this outline and we feel that it is important to share of thinking around us so that you can get a business plan level of understanding especially for the first twenty four months on what is actually required from operational budget to make this happen. That has to include pricing because it characterizes the revenue stream. Heitzman: At one point I don’t know if it is still one of our rates schedule there was a variable energy rate that was approved by council she had a range I think maybe that is the way it has to be done. Just put a range and that range we could operate in until we need to change the range. Carlson: Are we taking questions? Audience: I am wondering if the range you are expecting people to take one phone line as opposed to multiple phone lines. How do you plan to handle that? Stockton: Yeah. We have this specific question. Because even if the wholesale pricing the number of lines does not impact the revenue for the city. We have data from broadband phone providers like cable companies. We have assumed 1.4 lines per subscriber and that is the matrix that we have seen in cable companies who have offered phones like coax and AT&T broadband. I will wrap up my piece with sales channels to my slides. So this is the slide 15 which summaries the sales channels and I believe this one is new as well but again I will speak to itself. I apologize for that. There are five sales channels that we are looking at. Our goal is to take advantage of what is in place today. First and foremost being that the inbound call center people that are staffed by the city utility. What we envision here is that at least at the outset that calls could be transferred to a small team of perhaps four people that would sell and take orders for broadband services and would be specifically trained on those services and on the billing system that is used to take these orders. This a proven concept and is worthwhile in terms of being able to maximize sales volume and coming in from both utility side as well as interest in broadband. Of course there is a payment center as well. We would be wanting to be able to sell broadband services there. The direct sales and outbound telemarketing I will summarize in a minute. You will see why. These are strategic in nature especially at the outset of the construction program because both of them can be targeted to where the building has just taken place. So as the network is upgraded we want to be able to reach residents in those areas with both direct sales as well as outbound telemarketing. Finally, we would want to have to some degree online capability at a minimum it would certainly be a very strong advertising message but it could also be an APPROVED UAC MINUTES 7/9/03 PAGE 18 OF 35 order taking environment where either by manual work in the background or by fully automated system. Citizens and small business could order services directly on line. Then in terms of how we see that playing out just to kind of summarize in terms of the volume that we see and give you some comfort in terms of hitting the sales numbers we of course would see the bulk of activities coming from inbound and the two sales channels that are sort of following the network construction and on the payment center and online we would expect to grow over time but that would be beyond year or two when this is getting more matured. Audience: You mentioned that the ratio of having escalation fee. I am wondering if you considering when you first move in into a new neighborhood of having a fixed period of time where if you sign up for one or more some bundles of services that escalation fee might be waved and not be justifiable by the idea that we will having people trading option… Stockton: I agree. I think that is being done and is a practice within the industry that would fall under that bucket of promotional discount that we are creating as a revenue that there is a lot of very good sales idea, marketing ideas, promotional offers that really don’t get to find by the business plan but will be used by the management team as this goes forward and we just have to make sure that we capture that in terms of the discount. ______: Wrapping up the marketing component here. This is a snapshot of the marketing position for 2003. If in our wildest dreams there was a council vote and vote of the city in March this is just for talking purposes what is the date that we would be actually voting out in marketing plan based on this. How much time elapses? Two years? Stockton: I don’t think it is two years. I think you are right in that. It is much shorter period of time and so there would be by the team that is launching the venture there would be a revisiting of this strategic and probably going on between now and then to relocate the pricing of the marketing program etc. Our main concern here from the business plan stand point is to make sure that we define at the operating budget. Such that whatever market conditions are merging in the period of time between now and actual lounge that there is an ability to work within that budget, deliver the revenues, stay within the operating expense budget etc. so that venture gets of the ground according to the plan. There is no question that tactics would change. Probably 90 days. In terms of the marketing world you cannot launch sales challenge. Some you can. Not all of these you can. But in terms of lot of marketing tactics it is a very short window. ______: I think it would be good if trade marketing and the other topics as well in the final business plan to make a point of the flexibility of the plan. It got to be a key feature because from the time our council decides to put it up for vote and the time that _____________ number of things could be change and so the plan would look better by specifying the kinds of things you can do to remain nimble and adaptable. Stockton: Good. APPROVED UAC MINUTES 7/9/03 PAGE 19 OF 35 Rosenbaum: Before you go, in the text you mentioned that the dish people have about 15% ahead of the market and they do charge less. Would you explain why you did not want to do the pricing comparison. Stockton: Yeah, what we are doing there and we have considered them, but we did not do the full blown analysis the way we did against Comcast. We really want to have one bench marker milestone to look at and clearly from the market share standpoint that is Comcast. But having said that what we are incorporating into the thinking in video especially with that fighter brand concept that we showed you earlier is a reflection of what DBS does which is fight very aggressively and that sweet spot that I mentioned between 35-45 dollars and the way they do that is by competing both by price and channels. Knowing that this is how they gained market share. We are putting that in as something we can be competitive with Comcast as well as them. The other thing that is not explicitly stated here but we think we are bringing an understanding to how this plan is developed that in terms of competing with the DBS the answer would be bundling and that is part of although we are not seeing it right up front. In addition to those financial matrix that I showed you is that it is part of why we want from marketing strategy standpoint to position bundling standpoint as a key tactic. One of the behind scenes drivers between that reduced turn is that you don’t have people taking cable going to dish when they are in a bundle product like with Internet for example. So especially given the role to sparity in getting a DBS kind of Internet Service. So I believe it is in there even though we have not explicitly presented a full blown analysis. Rosenbaum: How long has it been in that because I believe it is a very important issue. I have been on satellite. I have been there for five years with a lot of worry behind it. We could only get to 15% and the speed that you could get to your projected market share was very important part of the financing issue and you are basically saying that you are assuming I hear that we can somehow magically get to a much higher market share much quicker than they did and _____________ why could they go for something much better than that. Stockton: I think it is a very good point. I think there are two reasons in terms of why we have confidence around that. First is that in terms of the earlier work we did in Phase I where we looked at other municipalities that are doing this we have seen like a good fast acquisition of market share in the video space Alameda is a good example. They are a good solid 25% penetration after two years. So that is one dynamic that we see giving us confidence of what is being done in the market. I think the second thing is and this is where you go above and beyond in Alameda even because that’s an HFC network as opposed to the Fiber to the Home is that by _______________ by combining it with an Internet product that is fantastic as it is what we think we can realize here is that there is going to be some market power there to be able to go there and achieve a faster diffusion that DBS. Rosenbaum: Commissioner Carlson made a comment. He mentioned earlier not successful as you can see for other providers in this area and I would be inclined to be APPROVED UAC MINUTES 7/9/03 PAGE 20 OF 35 skeptical on a strategy that would really turn on the success ____________ strategy which in face of competitive offerings for some reasons to be successful. Stockton: I don’t think we are dealing anything that from a expectation or penetration of a market share where baking and bundling so to speak in terms of the plan. The reason I say that. Rosenbaum: Do you think that there would be any more successful and what is happening in the market place? Stockton: What we are saying is the right tactic. But we are not saying is that we have baited upon it. We got the numbers we got through some very careful market research. We looked at each kind of business and it corresponds to the discounting that we were doing here. We did not take bundling to market research. The other thing is the date that we have seen in actual experience. I think the comment that I made earlier about SBC, Comcast is not being fully leveraged as yet. I would add another example here but it is not in this market. It is Cox Communication. They are being recognized for their success because they are offering all three products, but they are doing it in a very straight forward and playing bundling design and is receiving analyst attention and is noted as being successful. I believe in it and I think that there is data around it. I think in Palo Alto right now but it is just not been fully taken advantage of it by encumbrance. Rosenbaum: Thank you. Carlson: Okay go ahead. Shaw: I am just going to go through and finish of the rest of the section and give you a preview of what you will be seeing in the final report. As we expressed several times that is is final detailed operating budget 24 individual arms, preamble summaries following that. Detailed revenue sections, detailed expense capitals, overhead calculations. Key thing here would be file did not get loss but line business, service and distribution channel. Carlson: Capital Issue. One more time, are you very confident that this will be non controversial when it comes for the UAC in terms of system design? You are confident that you can get the distillation of ideas from the community. Stockton: I think that’s going to have to take an RFP process to really zero in on what kind of a system you want to do here. Heitzman: I think the tact that we are taking is that as far as system, architecture, hardware is not something that we want to specify. We want to specify the function that is provided by the system and then let the various manufacturers compete on that. _____: Capital plan assumes make some big assumptions along those lines. APPROVED UAC MINUTES 7/9/03 PAGE 21 OF 35 Stockton: Capital plan right now is based on a detailed design that were done based on the ways seven architecture and it has to be assumed that the capital that anyone who can approve on that plan without some material advantage in another way is going to be to a disadvantage. That sets the bar I guess. ______: There is a lot of work done to coordinate input so that it does not get to be a signal for us. Stockton: I think Manuel and I have talked about the gallery input from the public on the technology issues. I think that is something that will be done later this summer or in the fall. But it is not necessary that it will be a part of the business plan. ______: Let me make sue about this. We are talking about specific technology that we have priced out in detail; there might be something better out there. Stockton: Yes there have to be something currently out. ______: But there is likely something out that can be priced out. Stockton: We have been able to price out. Today’s price design and the strategy system has been based on Fiber to the Home system that can deliver 180bit intranet and you know, high speed internet access, all 860 MHZ of video band with two phone lines per home. Virtually all the internet systems out _________________ Carlson: I have another question on this. Getting into the financing side. I don’t say you can possibly project that we would be breaking even before towards the end. Basically you are giving details in five years. But we are just starting to break even somewhere there in the grid. We need a lot more than five years. Stockton: Okay. _____________ ______: We have to find out if this thing pays for itself. I am looking at the budget. Page 17 Stockton: This is just a budget. We still have the FSN module. This is just a macro that could be used. Carlson: So this is going to fit within a 20 year. So we are going to have tremendous details for 24 months, less detail for three years and a summary for another 15 years to make sure that it pays for itself. Stockton: Right now let’s throw another module. The module that we have been demonstrating the past year is not designed to operate business plan. It is designed to be strategic planning and break even analysis. The operating budget is designed to help managers and have all the puts and takes of if they hire someone in April vs. March how does that impact their budget. That is not something that is meaningful for 20 year period. APPROVED UAC MINUTES 7/9/03 PAGE 22 OF 35 Heitzman: We will have our own spreadsheet 20 year forecast methodology. Carlson: I don’t care about that Blake. I am concerned about the basic strategic question. I am looking at this as the first five years, what you priced at is the most difficult time period. ______: Lots bounces back and forth between these two modules. I hope that it will work for you. Right now to stretch the operating budget out to 20 years it wouldn’t really be manageable. Carlson: It is because you are too scared to ____________. Couple of things I want to make sure that they are in here. I was looking at my bill, the franchise fee. Will there be any franchise fee? Stockton: Just like Comcast does. It is a tax on top and the tax gets passed on. Carlson: And then we have all of the other charges for other utilities pay. Stockton: Those all will be passed on as well. I don’t know of any net. So we have a little discussion to carry on. What about the other Utility taxes? Ulrich: I think we need to clarify the word ‘franchise’ in your discussion. If you are looking at the cable company this business here pays the fee for the right to do business. Carlson: General fund transfers. There are other things that our municipal utilities pay for use of facilities and community capital. Ulrich: I think you have to assume for this business that you are going to be treated just like Comcast or anybody else coming to do business here. Carlson: That’s a pretty important issue. ______: I think the point Dick is making is that the Utilities and the Gas and the Water all are allocated charges, the attorney fees. Are those allocated charges. Ulrich: I am sorry. When I heard the word ‘franchise’ I have been defining that as what you read in the newspaper all the time, Cable Coop, Comcast is negotiating an agreement with City of Palo Alto they pay a franchise fee to the City and we would not be able to definite ourselves and not pay that. Carlson: I was trying to ask about both need to be covered in this plan because the franchise fees are passed thorough that is easy that pops up in the bills for everybody. Ulrich: Absolutely. You cannot assume that it is not there. You got to be realistic and assume what those costs are. APPROVED UAC MINUTES 7/9/03 PAGE 23 OF 35 Carlson: Dick mentioned these other charges that you as a gas utility, electric utility pay on a formulae bases to the City and I would think that this other venture would have to do the same thing. Stockton: Right now our overhead loading is at 60% salaries and that is presumed to cover floor space, legal, accounting. Ulrich: I think you have a point that we need to go back and look at it the allocated cost and the overhead costs that’s described in the business plan adequate to ____________. ______: Let me add one more point on that topic. We have fear certainly a doubt but let me throw it in here. There is an ordinary legal expense and in-house council to look at contracts and so forth. But there is going to be extraordinary legal expense in the early years here. One of the dimensions of competition for the encumbrance is the legislature, maybe public courts, maybe public affairs that will try to kill the baby in its early years and I just want to be sure that there is allocating and operating budget to fight that kind of government affairs, public affairs battle in the early years. I don’t want to break it out as specific items throw it in the overhead one but it is a serious item. I would anticipate that better the job we do and bring this to the council, take it out of the council, take it to the public, the bigger the red the circle is the target is in Palo Alto and we are going to invite that kind of battle so lets be sure that we roll it into the operating budget. Stockton: Okay. Rosenbaum: One other point here. We do charge a utility users tax in the electric, water, gas system and we also impose it on telephone but it does not apply to Comcast. Has any thought be given to whether or not we would attempt to charge our utility users tax? ______: This is a municipal utility. We can do what we I can guess. Audience: No you can’t. You cannot control it. Federal court says you cannot do it. Ulrich: We follow whatever is appropriate. I think the point is Neal is trying to say that certain things would be a pass through and if this business charges the utility users tax and if that is appropriate then it would be the same kind of pass through we would have. On the other hand if it wasn’t collected why would we want to have that to our business model? Rosenbaum: I think the difference John is that it would put us in a competitive disadvantage. Comcast pays no utility users tax. If we as a utility decide to pay it should be paid. Ulrich: I think I understand that I would suspect that the City Council could approve or put a tax or put an additional charge if they chose to do so. It is just about anything they wanted in Palo Alto related to utility. I would suspect though that in our recommendation APPROVED UAC MINUTES 7/9/03 PAGE 24 OF 35 it would be an opportunity to a disadvantage without trying to take away the authority from the City Council make that decision. Carlson: I would think that the budget would have to be General Fund Neutral which would mean that if an existing utility area like the telephone, I believe that pays 10% tax isn’t it? Rosenbaum: It is only 5% tax. The telephone companies do remit the utility users tax. Carlson: Comcast is not and DSL yes? I am not sure. Ulrich: I have got to go back and you will accept a general statement that we have not purposely thrown ourselves in a disadvantage by paying a tax different from somebody else. Recommendation from the council would be good enough to do that. But pragmatically I don’t think we should be in a situation where business model does not assume a rate of return profit transfer what you call to the General Fund as owners of this business. This is what we do in electric, gas and water. Now what that amount is and when that was started would be a scenario that would have to be determined. Stockton: Probably not within the first five years because there is already a loan from the reserves. One of the principles that we need to establish. Carlson: We really have a tight schedule here. Shaw: The net revenue sections have been completed. The sections under development everything rolls up into details. Integrated Financial Statements those are down, roll up of financial details need to be made public because of competitive reasons. As far as partnering strategies going very well. There is a telephone company and the party _____________ has a partnership in place with another municipality utility and I am working on several others. They shared contracts with us and it was very favorable and the revenues were actually higher than anticipated in the early business planning efforts. Voice over internet protocols. Those possibilities also exist because it is not clear whether RFP is an opportunity or threat to the Fiber Optic System. Wholesale strategies are not developing. At least major players can seem to get their attention. Other clients communities …lower than as we thought. We continue to look at the wholesale strategy It doesn’t seem like this thing is going to flower the intent is still .connected to the system This is the issue of possibly… At this stage late in the game…we are currently evaluating the CPAU …call centers…obviously required to support Fiber to the Home like to support a group separate from these issues. ….monthly or non monthly, not capable of doing complicated review or transactional distances in other calling plans. As far as other business plans …is going to be addressed we will address the major themes …from Palo Alto’s way it goes forward but each of those has the effect, we will address technology risk ….run it by ..operating loses business plan in preview of . Taking back to principles ..these policies in business schools current method procedures and protocols there are certain things that need to be looked into this because to adjust the market conditions technology issues, make decisions , financial losses in businesses. So APPROVED UAC MINUTES 7/9/03 PAGE 25 OF 35 the UAC in operating business some of these categories in this section relates to pricing, public ranking views, sub brands, umbrella brands, service area policies within and without safe harbor policy, wholesalers using the same network conditions. We need to make sure buying wholesale services are comfortable and have the same kind of behavior as the managers managing their retail products. So that is what is refers to. Obviously, contracting policy in terms of other contracts, suppliers, categories of policies need to be developed Bechtel: Neal, maybe there is another policy you mentioned earlier being…it is important to us. Shaw: Decency policy or whatever standard policy. It is the principles that is going to help the operating so what governs this regular meetings before. My feedback, impact into …keeps the business. Key Operating Measures Budget 50% annually Certain financial conditions might trigger, financial performances presented quarterly, statistics approval for any significant business strategies. Now this is the framework of how this broadband business is going forward. And last but not the least the diagram, basically business plan is approved, recommendation based efforts, business plan is approved. If business plan is not approved then we pack up and we get to go home. That’s all I have right now. Carlson: I think we should start by covering issues. You mentioned couple of those. Bechtel: I think Blake mentioned that people in the audience and others – the technical issues earlier and so on as I understand it we are not probably, the architecture in this business plan are in the RFP process is going to be some months away. Is that true? Heitzman:: The way I..products we have to deliver …design ..money making products is not listed as yet in this point of time, ..costs, whole bunch of factors . Basically a function of what use to happen as per engineering allow various vendors to bid that is our process and it will take time to identify what system to deliver and then see what they can come up with the delivery . I hope this answers your questions. Bechtel: It does. Yeah, it does. Ferguson: Horse racing going out right now. We have to really get a saddle. One process comment. What product are you about to deliver to the UAC? Then we have to pass it on to the Council. Done properly. Will the eliminator ..Technology horserace, uncertainty balance those are all extremely important. So I know there is a lot of pressure to get .I think it is one of the best products techno economic shaped up nicely, a good technology discussion helps us to survive a political debate later. Not only is your product you are selling to UAC and conserve as a necessary target later. Shaw: Thank you very much. APPROVED UAC MINUTES 7/9/03 PAGE 26 OF 35 Rosenbaum: You mentioned about horses the financial soundness of these companies; these companies are still getting various barriers. Is this something that you should write about? Shaw: I think that is an issue that it to be thought about. Ferguson: Contracts. These things can be changed right there. Shaw: They will be changed dramatically by then. It should be done by the Utilities effort. Heitzman: (not clear what he responds) Shaw: Another thing Mr. Rosenbaum is that not the specifics writing solutions but their editors – you might have one provider that provides one system and another provider that provides another system three or four folks behind them...there are lots of issues that have to be looked at we have to play in the selection process. Rosenbaum: I think that is the best we can do. I am always curious about …..Considering Fiber to the Home. Are they going to go forward. Shaw: Yes. …..Council last week, 30-36 million bond … Carlson: Okay I want to make sure that the analysis is there because this is a big deal I think the scare lies in the participation, can be described and analyzed, miss expected market penetration 10% what happens if we are not able to reach market penetration How close a call is this and I know you love this but we need that Okay. Shaw: Is the business case the last piece…? Carlson: I just want it to be revisited with details like how many markets do we need? How much of a negative cash flow? Much more realistic numbers at this point. Okay .It has not been covered but I do want to cover the issue of the discount. How much of a discount you have to do? How often? How much people will have to pay? We already talked about taxes. Anything else? Okay we have two more questions from the audience over here. Audience: Mr. Bechtel. A couple of questions of what you said earlier. How can we differentiate from.. You do it by offering better service, doing things that respond to our community. They are not going to be doing what they suggested over here like Comcast. For God sake as a way of doing things DBS transmission in Missouri was about 3% than Comcast and they operate so many people. You do not want your tears to wake up. One of the suggestion was based .. Comcast ..40 channels. I can get you all …..got to be at least 25 channels. You have to allow people to get analog, premium services like HBO. Further you have to allow to get cable options so that people who do not have television sets …box which costs Comcast 2-300 dollars a month. In your costing comparisons you APPROVED UAC MINUTES 7/9/03 PAGE 27 OF 35 didn’t even talk about. You can save customers a lot of money instead of gauging you didn’t talk about things like Tivio and TBR along with their service. That is what is going to get a lot of people Video land has been the coming and probably the last ten years. There is no profit being made in Video Demand. Concerns – Finally what you want to talk about Customer Service…located here in Palo Alto you got a human being calling up within 30 seconds who knows where Palo Alto is and even where California is and talks to you and the cable system ..you have a customer service at the spot fixing it …like Comcast does. That is how you have to have the service.You are not selling them cost. You are selling them Performance and Service emphasizing you pay your utility bill, That is bundling. You remember ..You have to give the people what they want locally …That is where Comcast gets their money and in terms of being ..when new programs are offered when you want to add another channel Cable Coop is one day. When we went and asked people we previewed programs. It took us about a month or two.Preview programming asks them what they want and give it to them. Let me tell you a true story. ….Wyoming and he wanted that people to feel that they were part of ..this when they had only 5 or 6 channels. He gave them what she wanted. He gave wrestling and sport that is not we do. Cable coop tells the public in the paper. One last questions and that goes on the internet access. Offer people the highest possible speed that you can give at a reasonable price. People will pay more if they get what they want and the other important factor is the consistency. In the last few days it ranged from …If you do that your penetration rate will be within 42-60% Audience: A couple of comments. First of all I would like to thank the commission for working on this. I am looking forward to having this service and replacing the …City of Palo Alto Utilities. It might be worthwhile considering is assests being imposed on various sources on services. In particular there is an affordability charge. My understanding is that the affordability charge goes to the telephone provider. My understanding is that the FCC charges goes...and I am wondering to the extent of those part of the revenue module ….so I think that is worthwhile 5 bucks for monthly phone call. I think that it is also worthwhile if technology I think one of the reservation is that evaluating what exists in the alternative market today. Or you can say what kind of alternatives are there? What combination is very likely to happen in the near future? What are the other things that have not been tried elsewhere? Or what technology is there that has been tested on a large scale in other environments? Equipments as well. For example if you consider there are various articles that exists in the research literature, the conflicts that occur in the local area networks Local area network is not widely understood. Competitions from Technologies are coming down the pipe. You also recognize the fact that those technologies that they may not work. There are also lots of things that have still not taken place. I am looking forward to this. Thank you. Audience: I want to say something about what you said Richard earlier. I think it is very important, I am interested very much in broadband coming into this community as soon as possible. I would advice again on the business plan, reinforcing business plan worse case scenario if presented I have read through 100-115 business plans and every time you do a business plan you face a risk. This being a municipal project..this is not to APPROVED UAC MINUTES 7/9/03 PAGE 28 OF 35 discourage bring Fiber to the Home project some of my fellow citizens think against the idea of Fiber to the Home. I think Fiber to the Home is a wonderful idea but my objection is that at this time it is too premature around this network and spending the money where as it could be spent in better ways here in the city. The other thing I want to say and this is the last thing is about I said this before. This technology is moving roughly about a speed of 1.7 times of Morris Law. Four years ago wild fire wasn’t a factor, two years ago wild fire was hardly a factor. There is no doubt that delivering the Video over wireless network is not going to happen anytime soon. Maybe never. The think we have to pay attention, how people organize aggregated network., What kind of behavior emerges out of those network? But we are looking as how people use data, how people used the aggregated network, what kind of behavior emerges in those network? once people had easy access to data takes place. We are looking towards migrating much more mobile. …it is the kind of behavior changes that migrate into much more mobile, a person who is able to use technology .will be deployed. There is a dish, radio network a lot of things are going to happen Consumer behavior is places where ...people are not going to be necessarily sitting in their living room or putting their TV in place sending their data back. What I am saying is looking forward. This is a real risk. Five years down the line, ten years down the line PAUC is looking for a play out, a business plan What are the real risk here for ..projecting, will be there down the road. I think it will be a honor to see that honesty in the plan. If it isn’t it will brought out otherwise. Rosenbaum: Don’t go away. You are our expert on lifeline. There was an article in the magazine Fortune recently. City of Portland is going city wide… Audience: I do not know a whole lot about Perth …You all know makes some good points. Fiber is a phenomenal. We wish we had this right now run through the municipal network When we look at it speed is not what it is all about. It is value, we can turn the word value around How does a person value his or her time relative to the information she needs to sent or get to a network. So what I am trying to say here is that there are technologies even though they are not fully developed If we talk about technology, the speed where are we going to be in five years or six years or seven years. This is a real concern of mine is as a citizen in Palo Alto …We take a look at the FTTH, a serious technology, that should be deployed in Palo Alto Fiber to the Home in very home eventually but if should scale it in a little bit slower and set to a system that is dynamically adaptable. Adaption is intelligent, biosystem, then once you got the Fiber that we need then somehow you got help that the people need home the people got help maybe , various scenarios, wireless scenarios less dependent maybe, it will enable people to communicate. That’s where I am coming from. It just needs people …Next 25 years we are going to see more technology, make them less dependent based on the assumptions of ……Thank You. Ferguson: My comment why 2003 , 2005 … Audience: I agree with you. Fiber carried with you lots of videos I want to be wrong about this. APPROVED UAC MINUTES 7/9/03 PAGE 29 OF 35 Carlson: We have one more i.e Jerry Sharp: Sharp: My crystal ball is not very good. My first confession is that in 1977 what’s this Mmoss Cmoss stuff is? So I don’t think that 5, 7, 10 years of us have really a solid handle. There is a solid infrastructure that provides opportunities No one here is writing a business plan based on kilowatts, the value of community having a infrastructure is a factor that is above dollars and cents and how fast my internet connection is and at that level I think fiber to the fiber is a unique opportunity to bring the community together. ….will we loose some customers? Possibly Yes I do believe that there are marketing things that might allow us to do that. I am not going to say what is going to happen. I am going to say we have an opportunity a real golden opportunity to make a difference in this community and the products and services sounds reasonable to me. I am a business guy. I wish there a lot about business and business offerings in this business plan. If this is solid enough to go and persuade people to take the risk and vote I can live with all that. It is the opportunity we see that I want to keep out there as well as the dollars and cents and the technology to hold all that part and so I know we are in a risk I am a believer in risk and the City needs to risk it. It has to be well thought out. I agree with that. Carlson: Okay. Thank you. We are finally done with this issue. Rosenbaum: I thought we were going to have a complete draft report in July and we going to have a big meeting in August. Now I believe it is end of July. Here is another point. We never had a staff recommendation and I assume that the staff is going to look at the final report of the consultant, do some diligent work, prepare recommendations. Blake are you going to do that for the August meeting? Ulrich: We are moving analysis, as time as move on, it is obvious from the questions, feedback from the community, I think that is why it is taking longer to pull together it would be ideal to do the final report with the recommendations. …I think we need to look at the risk side of this, recognize this is a business of any kind we have done before, every obligation from the resident, … Rosenbaum: We have to have staff recommendation. That is how it always works. Ulrich: I think staff would like to make a recommendation. I do not have an expectation that it must go that way. I think there is an argument for the staff to bring this whole idea put together work on it. All that needs to get done. I don’t think it is imperative to do that before you make a decision. Ferguson: That’s the normal way we operate. Bechtel: I am sympathetic to Dick. My suggestion is ….and we recommend to the Council to approve the design phase because that is the only I was looking at the road map we have. It seems to me that the steps after that (1) we go ahead and (2) we do not go ahead. It seems to me that what is going to come out of any …that we go to the APPROVED UAC MINUTES 7/9/03 PAGE 30 OF 35 council to approve and recommend to the council that we proceed…Dick were you expecting this.? Rosenbaum: No. Whether it the staff recommends or UAC recommends there is enough Public interest in this. This issue is going to the Council. It is not going to stop because tof the UAC. Last year the Attorney said that the staff works for the City Manager, and I think you guys have to make your recommendations of a business plan to the Council and approves that we go forward with the plan. Dawes: I will make another suggestion on the same line We are very close hand and glove in this enterprise I recommend that this goes forward and the staff ….. Shaw: This is Neal. … Dawes: (Not clear at all) Ulrich: It is our obligation to review and make a recommendation what to do next and we will do that. Dawes: This is joint staff/Uptown recommendation Carlson: It is a huge decision and it gives the staff very little time Rosenbaum: I think you guys have to make your recommendations. Do you say we should go forward with this? Dawes: (Not clear) Ulrich: We have to see the final business plan Carlson: It is a huge decision that gives staff a very little time. Heitzman: (Not clear) Ulrich: Let me finish this part up. When it is time to present the report to you or the council, we put in the report. We always do that. It is possible that our recommendations may not have all the conclusions in it. We may recommend to go ahead with it or we may recommend not to go ahead with it. You need to understand how to get the money it and the payback. Carlson: How does this project fit within the other demands, on your borrowing potential, water, gas, electric? It is a higher level of issues. If something goes wrong and you won’t be able to go forward with this project? Storm drain, water. Etc. It is the higher issue. The staff has to think about before they think of taking something big like APPROVED UAC MINUTES 7/9/03 PAGE 31 OF 35 this. And before it goes to the council I want to make sure that I bought in on this. This is about 4 or 5 days job. Heitzman: Apparently ASD … Bechtel: There may be another intermediate step. The next step after the road map is the design. What we should do next month, work on the questions, CIP. It seems to me that we would be meeting in September. We should a month or so or two months to report. And that way we don’t have to work on questions like this, signing, so on. Is that appropriate? Ulrich: As Blake pointed out … It is probably better …but I don’t want to slow down getting the business plan. Carlson: Basically what you want actually from us. We want the business plan completed. Broader issues to look into it. Ulrich: I have to say that that what we are doing is get the analysis done and once it is completed Carlson: We will wait for your directions on the agenda next month. I would like to spend a few minutes on water. APPROVED UAC MINUTES 7/9/03 PAGE 32 OF 35 Santa Clara Valley Water District’s West Pipeline Extension Conceptual Evaluation - Final Report Carlson: Jane I want you to tell us about the Water District Pipeline. Ratchye: Well this report it helped us to characterize but as you can see that the work has to be done. It helped us…but as you can see work is still to be done. The district is not going to have a...because the district is conducting a study this was a high-level consumption study that we did they looked at only one. The thing is Palo Alto the size of the thing they came up with they asked to provide to them so Stanford...those giant books which required parallel getting the pipe where it currently ends back and then the entities costs would be bigger…study shows. I don’t know if you were shocked as I was, the extension is 30-31 million in Palo Alto. Ouch. Ulrich: 50 million dollars. Ratchye: That is a lot. I would still use the 15 million dollars but basically we are not getting any better information here. That entities, I don’t know if it evaluates. I am not sure Operation managers ….district… Dawes: Does not have any money in… Ratchye: No Dawes: Emergency facilities? Ratchye: If you look at their three million dollars every cost is identified. They do not have so to say general projected figures. Ferguson: In your report it says the kind of water supply in a dry area. We will be always suffering basically there is no pay of over there so basically no pay of to us. The usual micro-geographic they have water and San Francisco does probably that costs is …… Ferguson: What struck me in the report is that the water supply we might be able to tap during the dry year we are always suffering from the same drought. The only pay off to us is the very unusual .. Dawes: Back of facilities? Ratchye: No APPROVED UAC MINUTES 7/9/03 PAGE 33 OF 35 Carlson: It sounds that you are really dealing with something that in emergency situation or drop situation it does not give you extra. Only independent sources which are reservoirs somewhat in the wells cost about the same why do both? Bechtel: There was one point they talked about right after report is an alternative water supply that we could tap in a dry year. There is no payoff to us There was one point that they talked right after page 6 the institutional policy where is the wheeling BASCA however you pronounce this where do come up with independent sources which is the SFPUC - Table they talk about wheeling the water through their system and we would need it innertie if they were wheeling the water through Palo Alto. Ratchye: BASCA would be able to potentially wheel the water through the San Francisco Water System. …..we are getting to the end of a … we are looking at transport. What mechanism ..the first critical aspect is looking at bringing in some sort of new water system what impact it will have? Is it possible …to the benefit of BASCA agencies. The PUC system … Bechtel: We still don’t have the redundancy . We would be better of if we had two parallel resources. Ratchye: (not clear) Carlson: Most of their supplies form the same. Pipeline go across the same form which is PUC. Ratchye: (not clear) Carlson: Majority of water supply doesn’t it come from Central Valley? Ratchye: (not clear) Carlson: It does not look like a high priority when it has ---15million in capital. Ratchye: No. Ulrich: Make sure we have all this in perspective. Keep in mind Palo Alto is getting all the water from … Increase our rates and continue getting high quality of water. The contract is over 2009. We will stay consistent. That is a good thing but the 15 + dollar emergency plan ….It is going to take over several wells and is going to provide emergency water for. Short period of time. It is not designed to provide hot water... Ratchye: I think we always wanted to keep looking at it again and is always available to us as an option. You know it is possible. You can think of a scenario rates may go higher than what we think it may go…..scenarios where this could look like. There are too many scenarios what it would look like but we are not there as yet now. APPROVED UAC MINUTES 7/9/03 PAGE 34 OF 35 Bechtel: I have one more question. There is a statement here under section 6.3 basically it sounds like a threat. If you need to get your own water for back up, the district needs to exercise its existing authority and you explain what that really means. Ratchye: It sounds like a threat. They do have the ability I have to back up a little bit to do this. They right now charge everyone the same and that is because they have one big zone, they cold divide up zones that are essentially divided up by specified zones by different agencies and charge by different amounts. How they come up with divided by the cost but during the last drought tbey had the ability to charge a fixed rate like San Francisco.did. San Francisco said here is your allocation for every retailer and you go beyond then it is twice as expensive penality rate. The district said they did not have the ability to have separate district zones. It was like please all pull together and it became worse more than 25% cutback. I think they did this like that to get the zones and so they made a kind of a path for what they needed to do there for different reasons. They really can’t control us as having really groundwater pumped. They regulate how you…according to certain specifications. They cannot stop you. They just established groundwater. Carlson: So they charge for groundwater? Ratchye: No. The only authority they have is how they regulate. Like according to their specifications, sanitations etc. They can’t stop you from….They establish groundwater scratching fee . Bechtel: The pump tax is that arbitrary? Is it adjustable? Ratchye: Well, they get it primarily from two sources groundwater sales and tree water sales. Dawes: Income tax really attracts the SFPUC Ratchye: I don’t think it is based on how much their infracture groundwater..although they certainly do …I know they manipulate those rates. You can say in someway their Distribution System is groundwater. They do this to manage their groundwater. This is one of their responsibilities. During the drought they don’t want people to…it was actually good for people to take their tree water instead of their groundwater. At one time they tried to explain tome that the groundwater has equal costs. Maybe their groundwater one price and their tree water another price. Most people who buy tree water have contractors. But during the drought people are encouraged to use groundwater and it worked. So they do manage it that way. I am not sure if they saw the groundwater getting to a dangerous point in the short term. I think in the long term it has to. Like as you say.. Bechtel: I am looking at their next steps. I don’t think anything has been specifically mentioned… they crossed that out. Do you know why? APPROVED UAC MINUTES 7/9/03 PAGE 35 OF 35 Ratchye: They love to buy some of our supplies. Dawes: Bechtel: One last question. Perhaps in the packet it has this info. Looking at the next step I don’t see anything specifically mentioned. Ratchye: So they have this issue of what they can and can’t Carlson: Do you have anything more to say Ratchye? Ratchye: No I am Done. Ulrich: Well done Jane. Carlson: Thank you Jane. Adjournment Meeting adjourned? All in favor.