HomeMy WebLinkAboutStaff Report 362-06City of Palo Alto
City Manager’s Report
11
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER
SEPTEMBER 18, 2006
DEPARTMENT: UTILITIES
CMR:362:06
UTILITIES ADVISORY COMMISSION RECOMMENDATION TO
APPROVE A RESOLUTION FOR THE PROPOSED NEW
COMMERCIAL FIBER OPTIC RATES
RECOMMENDATION
Staff and the Utilities Advisory Commission (UAC) recommend that the City Council
adopt the attached resolution to increase commercial fiber optic revenue by
approximately $324,000, and associated rate schedule changes effective September 18,
2006.
BACKGROUND
The Utilities Department currently provides commercial fiber optic services within the
boundaries of Palo Alto under the provisions of the Dark Fiber Licensing Agreement and
the EDF-1 and EDF-2 rate schedules. Fiber optic service is currently recovering ongoing
operating costs through the EDF-1 Rate Schedule, with EDF-2 recovering engineering
and construction costs. A cost of service study was completed in FY 2005-06, and
recommended the design and implementation of a rate schedule based on the fully-
recovered revenue requirement needed to recoup all the operating costs required to
provide fiber optic service which were not being met.
The proposed EDF-1 schedule to recover operating costs will continueto apply to
existing dark fiber licenses until those licenses expire, but will now be closed to new
customers. The proposed EDF-2 schedule, which applies to customer engineering,
construction and connection expenses, will continue to apply to all new customers. Both
rate schedules will continue to be subject to annual CPI increases. The proposed new
EDF-3 schedule: 1) accomplishes the objective of full recovery of the revenue
requirement for commercial fiber optic service, and 2) reduces commercial fiber optic
pricing-and billing complexity by changing fiber optic service from a customer lease
basis to a new monthly customer billing methodology.
CMR:362:06 Page 1 of 2
RESOURCE IMPACT
The total increase in fiber optic revenue is projected to be approximately $324~000 for
FY 2006-07 from the combination of wholesale, commercial, and municipal customers.
The FY 2005-06 cost to the City’s General Fund for Commercial Fiber Optic service was
approximately $58,000. The City’s projegted FY 2006-07 expenses using the proposed
EDF-3 rate schedule will increase by approximately $111,000 to $169,000.
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
The UAC reviewed this recommendation and approved it unanimously at the August 2,
2006 meeting. This recommendation is consistent with the Council-approved Utilities
Strategic Plan to provide superior financial performance to the City and invest in utilities
infrastructure to deliver reliable service.
ENVIRONMENTAL REVIEW
The adoption of the resolution does not constitute a project under the California
Environmental Air Quality Act; therefore, no environmental assessment is required.
ATTACHMENTS
A.Resolution
B.Fiber Optic Rate schedules EDF-1, EDF-2, and EDF-3
C.Utilities Advisory Commission report dated August 2, 2006
D.Minutes of the UAC meeting of August 2, 2006
PREPARED BY:
T(
Asst. Director Customer Support Services
DEPARTMENT HEAD:
CARL YEAT~
Director,~e Services
CITY MANAGER APPROVAL:
CMR:362:06 Page 2 of 2
****NOT YET APPROVED****
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING UTILITY RATE SCHEDULES
EDF-I, EDF-2, AND EDF-3 OF THE CITY OF PALO
ALTO UTILITIES RATES AND CHARGES PERTAINING
TO FIBER OPTIC RATES
The Council of the City of Palo Alto does hereby RESOLVE
as fol!ows:
SECTION I. Pursuant to Section 12.20.010 of the Palo
Alto Municipal Code, Utility Rate Schedule EDF-I (Dark Fiber
Licensing Services) is hereby amended to read in accordance with
sheet EDF-I-I and EDF-I-2, attached hereto and incorporated
herein. The foregoing Utility Rate Schedule, as amended, shall
become effective September 18, 2006.
SECTION 2. Pursuant to Section 12.20~010 of the Palo
Alto Municipa! Code, Utility Rate Schedule EDF-2 (Dark Fiber
Connection Fees) is hereby amended to read in accordance with
sheet EDF-2-1, attached hereto and incorporated herein. The
foregoing Utility Rate Schedule, as amended, shall become
effective September 18, 2006.
SECTION 3. Pursuant to Section 12.20.010 of the Palo
Alto Municipal Code, Utility Rate Schedule EDF-3 (Dark Fiber
Licensing Services) is hereby added, to read in accordance with
sheet EDF-3-1, attached hereto and incorporated herein. The
foregoing Utility Rate Schedule, as amended, shall become
effective September 18, 2006.
SECTION 4. The Council finds that the revenue derived
from the authorized adoption enumerated herein shall be used
only for the purpose set forth in Article VII, Section 2, of the
Charter of the City of Palo Alto.
III
III
III
060712 cs 0072707
YET APPROVED****
SECTION 5. The Council finds that the adoption of this
resolution does not constitute a project under the California
Environmental Quality Act, California Public Resources Code
section 21080, subdivision (b) (8).
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
St. Assistant City Attorney City Manager
Director of Utilities
Director of Administrative
Services
060712 cs 0072707 2
DARK FIBER LICENSING SERVICES
UTILITY RATE SCHEDULE EDF-1
Ao APPLICABILITY:
This rate schedule applies to customer accounts established prior to September 18, 2006, unless the customer elects
to apply the EDF-3 rate to the entire customer account. This rate applies to Fiber Optic services from the City of
Palo Alto Utilities (CPAU) pertaining to the City’s network (Backbone and associated connections).
TERRITORY:
Within the incorporated limits of the City of Palo Alto and land owned or leased by the City.
FEES:
1.DARK FIBER BACKBONE LICENSE FEES:
The values or ranges for each of these price components are shown below:
(1) Fiber Price .........................................................................$272.25/FM/month
(2) Quantity discount ...............................................................$0 to $54.42iF1Wmonth
(3) Buffer tube discount .................................................................$0 to $54.42/FM/month
(4) Route length discount ..............................................................$0 to $70.75/FM!month
(5) Ring topology discount ...............................................................$0 to $21.75/FM/month
(6) Length of term discount ............................................................$0 to $42.58iFM!month
(7) Per Project Minimum Annual Backbone License Fee .................................................$425/month
Project Minimum Backbone Fees apply to any project proposal signed after September 18, 2006 in which
the project connects with the Backbone.
Description for Discounts:
Quantity discount: based on an array of discounts for quantities of fiber licensed on a specific path.
Buffer tube discount: discount for numbers of full buffer tubes licensed on a specific path.
Route length discount: based on the route length licensed on a specific project.
Ring topology discount: The ring topology discount for customers contracting for complete rings.
Term discount: based on an array of discounts for contracts greater than one and less than ten years.
2.DARK FIBER LATERAL CONNECTION FEES:
Customer responsibilities and fees for drop and custom cable construction are described in the CPAU Rules
and Regulations, Rate Schedule EDF-2, project proposals and other associated documents. In all cases, the
Licensee shall pay an annual Drop/Custom Cable Management Fee based on the follow per foot fees:
(1) Drop Cable Management Fees (for the first 12-Fibers) .................................$0.01-$0.05/ft/month
(2) Custom Cable Management Fees (for the first 12-Fibers) .............................$0.26/ft/month
(3) Fees for additional Drop or Custom Cable fibers (each additional set of 12-Fibers) $0.05/ft!month
(4) Per Project Minimum Drop or Custom Cable Management Fees .................. $210/month
Project Minimum Drop Cable Management Fees apply to any project proposal signed after September 18,
2006.
CITY OF PALO ALTO UTILITIES
Issued by the City Council
Supercedes Sheet No.EDF-I-1 dated 7-1-2004 CITY OF laALO-ALTO
UTILITIES
Effective 9-18-2006
Sheet No.EDF-I-1
DARK FIBER LICENSING SERVICES
UTILITY RATE SCHEDULE EDF-1
3.EARLY TERMINATION FEES:
If the Licensee chooses to terminate for convenience the License Agreement or the term of any project
under the License Agreement, then the Licensee shall pay the applicable termination payment as specified
in this schedule or in the License Agreement, as provided below.
Unless otherwise provided in the License Agreement, the Licensee shall pay a termination fee in one of the
following amounts, whichever is less:
Annual fee of the contract year that the Licensee chooses to terminates in full without term
discounts, or
Remaining fees of the project term as indicated in the License Agreement.
D.SPECIAL NOTES:
2t
All fees must be paid to the City according to the specifics in the Dark Fiber License Agreement, the
customer’s project proposals and all the applicable Utilities Rates, Rules, and Regulations.
All fees are subject to consumer price index (CPI) adjustments, to be applied at the City’s discretion but not
more frequently than an annual basis.
{End}
CITY OF PALO ALTO UTILITIES
Issued by the City Council
CITYOF PALO ALTOSupercedes Sheet No.EDF-1-2 dated 7-1-2004 U T I LITI E S
Effective 9-18-2006
Sheet No.EDF-1-2
DARK FIBER SERVICE CONNECTION FEES
UTILITY RATE SCHEDULE EDF-2
Do
APPLICABILITY:
This schedule applies to all connections, expansions, and upgrades to the City’s Dark Fiber network (Backbone).
TERRITORY:
All territory within the incorporated limits of the City and land owned or leased by the City.
FEES:
1.ADVANCE ENGINEERING FEES:
Advance engineering (AER) fees must be paid to start the engineering process and are non-refundable. The
fees will be credited against the estimated project cost prior to the collection of the project construction
fees.
2Q
(1) Commercial/Industrial AER minimum fee .....................................................................
(2) Special conditions (requiring expert assessment) ...........................................................
ESTIMATED SERVICE CONNECTION AND RECONFIGURATION FEES
$650.00
By Estimate
All estimated service connection and reconfiguration fees must be paid prior to the scheduling of any
construction or reconnections to the City’s Dark Fiber network.
(1) Service connection (Interconnection) fee .....................................................
(2) Reconfiguration Fees ....................................................................................
Labor rates are subject to change as stated in the Utility Rate Schedule C-1.
NOTES:
By Estimate
By Estimate
1.The Customer is responsible for the installation and maintenance of all ducts and pathways from the facility to
the property line in compliance with City of Palo Alto Utilities Rules and Regulations and contract agreements.
2.The City shall not be held liable for delays or interruptions in service, but will make reasonable efforts to
provide timely continuous service.
3.All fees are subject to consumer price index (CPI) adjustments, to be applied at the City’s discretion, but not
more frequently than an annual basis.
CITY OF PALO ALTO UTILITIES
Issued by the City Council
Supersedes sheet No. EDF-2-1 dated 7-1-2004 CITY OF PALO ALTO
UTILITIES
Effective 9-18-2006
Sheet No.EDF-2-1
DARK FIBER LICENSING SERVICES
UTILITY RATE SCHEDULE EDF-3
Ao
Co
APPLICABILITY:
This rate schedule applies to all customer accounts created after September 18, 2006 and also may be elected at any
time by customers existing prior to that date. This rate schedule applies to Fiber Optic services from the City of Palo
Alto Utilities (CPAU) pertaining to the City’s network (Backbone and associated connections).
TERRITORY:
Within the incorporated limits of the City of Palo Alto and land owned or leased by the City.
FEES:
1.DARK FIBER BACKBONE LICENSE FEES:
The values or ranges for each of these price components are shown below:
(1) Price for first fiber on public agency project routes may range between .........$213-$362/mile/month
a. Additional fibers used in the project on same route, per each ..............$142.00/mile/month
(2) Price for first fiber on non-public agency project routes may range between ....$250-$425/mile/month
a. Additional fibers used in the project on same route, per each ..............$166.67/mile/month
2.DROP AND CUSTOM CABLE MANAGEMENT FEES:
Customer responsibilities and fees for drop and custom cable construction are described in the CPAU Rules
and Regulations, Rate Schedule EDF-2, project proposals and other associated documents. In all cases, the
Licensee shall also pay the applicable Drop or Custom Cable Management Fees based on the following:
(1) Drop Cable Management Fees for public agencies (per 12 fiber drop) ............$179-$213/rrfile/month
(2) Drop Cable Management Fees for non-public agencies (per 12 fiber drop) ......$210-$250/mile/month
(3) Custom Cable Management Fees (first 12 fiber cable on a project route) ..................’ $0.25/ft/month
(4) Custom Cable Management Fees (per additional 12 fiber cable on a project route) ........ $0.05/ft/month
D.SPECIAL NOTES:
All fees must be paid to the City according to the specifics in the Dark Fiber License Agreement, the
customer’s project proposals and all the applicable Utilities Rates, Rules, and Regulations.
All fees are subject to change by the City of Palo Alto Council.
CITY OF PALO ALTO UTILITIES
Issued by the City Council
CITY OF PALO ALTO
UTILITIES
Effective 9-18-2006
Sheet No.EDF-3-1
MEMORANDUM
TO:UTILITIES ADVISORY COMMISSION
FROM:UTILITIES DEPARTMENT
DATE:
SUBJECT:
August 2, 2006
PROPOSED NEW FIBER OPTIC RATES
RECOMMENDATION
This report requests that the Utilities Advisory Commission (UAC) recommend that the City
Council approve a $324,000 retail fiber optic revenue increase, and associated rate schedule
changes effective September 18, 2006.
The proposed Rate Schedule changes include:
1. An increase of 3.19 percent to fiber optic EDF-1 and EDF-2 rate schedules. This is a
two-year Consumer Price Index (CPI) increase for contract customers.
2. The closing of the fixed-term, fixed-price, fiber optic EDF-1 rate schedule to new
customers.
3. Establishment of the new fiber optic EDF-3 rate schedule for new commercial
customers and existing City of Palo Alto fiber optic accounts. This schedule is based
on the full fiber optic revenue requirement, eliminates .uneconomic discounts, and
changes fiber optic service from fixed-term leases to monthly service, consistent with
other Utilities billing procedures.
4. Establishment of a Fiber Optic Rate Stabilization Reserve, similar to other Utilities
reserves which are used as a balancing account for non-budgeted revenues and
expenses.
BACKGROUND
The Utilities Department provides commercial fiber optic services within the boundaries of
Pato Alto. These services have been delivered under the provisions of the Dark Fiber
Licensing Agreement and EDF-1 and EDF-2 rate ;chedutes. A cost-of-service study was
completed in FY2005-06 for the commercial fiber optic business, and included a detailed
analysis Of current rates. Fiber optic service is currently recovering operating costs through
the EDF-I Rate Schedule, with engineering and construction costs recovered through the
EDF-2 Rate Schedule.
The cost-of-service study, however, found that the fixed-term, fixed-price EDF-1 rate
schedule under-collects the revenue requirement needed to fund operating costs and the new
August 2, 2006, UAC, Proposed New Fiber Optic Rates
Page 1 of 4
Fiber Optic Rate Stabilization Reserve (FORSR) requirements by approximately $144,006
annually. Customer engineering and construction fees recovered under EDF-2 are ba.sed upon_
actual Utilities costs, and therefore do not require changes beyond CPI increases.
The study recommended the design and implementation of a rate schedule based on the fully-
recovered revenue requirement required to recoup the operating costs required to provide
fiber optic service.
The proposed EDF-1 rate schedule applies to existing dark fiber licenses, but will be closed
to new customers. EDF- 1 has been upwardly adjusted by an increase in the Consumer Price
Index (CPI) of 3.19 percent. The proposed EDF-2 rate schedule, which applies to customer
engineering, construction, and connection expenses, is increased by the same CPI percentage
and will continue to apply to all new customers. EDF-3 is a proposed new rate schedule.
The proposed EDF-3 rate schedule accomplishes the objective of full recovery of the revenue
requirement, and changes fiber optic service from a lease basis to monthly billing. This
modification of the billing methodology will allow for any changes to Fiber pricing necessary
to recover costs, and to improve marketing as fiber optic service fees are reduced through
economies of scale by expansion of the backbone.
Contract Cancellations
While the City has a contractual right to do so, a mandatory, unilateral conversion of
customers having the older, discounted pricing provisions from EDF- 1 under their dark fiber
licensing agreements to the proposed new EDF-3 rate schedule would result in monthly cost
increases for current customers ranging from hundreds to thousands of dollars. These include
both end-use customers, who can choose among many commercial.vendors for fiber optic
service, and commercial resellers, who may not be able to contractually pass along such large
cost increases to their current customers.
Due to the limited number of fiber optic customers having these earlier EDF-1 pricing
provisions (approximately 27), and the anticipation of greater numbers of new EDF-3
customers paying costs based upon the full revenue requirement, staff does not recommend
the mandatory conversion of customers from the EDF-1 to the EDF-3 rate schedule.
As the EDF-1 rate schedule continues to be adjusted upward annually by the CPI, as
currently allowed by each customer’s contract, it is projected that these CPI adjustments to
EDF-1 (upward), and the projected trend for the costs of EDF-3 (downward, as more
customers are added to the system), will result in EDF-1 becoming more expensive than
EDF-3. When this occurs, it is anticipated that EDF-1 customers will voluntarily cancel their
existing contracts and convert to EDF-3. The exact dates for such "crossover" of expenses
will vary by customer. Reductions in fiber optic fees arising from expansion of the fiber optic
backbone will also depend upon sales and marketing success in generating new fiber optic
August 2, 2006, UAC, Proposed New Fiber Optic Rates
Page 2 of 4
sales.
Marketing
The proposed EDF-3 rate schedule, combined with an updated dark fiber licensing agreement
for new fiber optic customers, will address and correct the current pricing anomalies for fiber
optic service, remove those contract discounts not fiscally justifiable based on the cost of
service results, eliminate the limitations of fixed-term/fixed price contracts, and will
significantly simplify fiber optic pricing for the purposes of sales and marketing efforts.
Marketing of fiber optic services will be increased through the restructuring of the Utilities
Department. The transfer of fiber optic (formerly Telecom) marketing and sales
responsibilities, including one Full-time Equivalent (FTE) position from Utilities
Engineering to Utility Marketing Services, will spread sales activities more staff at the same
cost, but will significantly increase prospective customer contacts as staff markets other
programs and services.
Expansion of the fiber optic backbone using the "Fiber Optic Network System
Improvements" Capital Improvement Project (EL-06005), currently funded at $100,000
annually, will allow for extensions of the fiber optic backbone into areas with large
concentrations of potential new fiber optic customers and reduce connection costs for
potential new customers. It is also anticipated that a City-supplied "Dark Fiber Option" will
appeal to commercial customers wishing to negotiate new contracts with their current "lit-
fiber" provider.
RESOURCE IMPACT
The fiber optic operating budget is included, but not separately broken out, in the FY 2006-
07 Operating Budget under Distribution in the Electric Fund.
The total increase in fiber optic revenue is projected to be approximately $324, 000 for FY
2006-07 from the combination of wholesale, commercial and municipal customers.
The EDF- 1 and EDF-2 rate schedules will increase by the Consumer Price Index (CPI). Since
it is projected that current customers under contract will elect to continue fiber opticservice
under their current contracts using the EDF- 1 rate schedule, the fiber optic revenues under
this rate schedule are projected to increase by approximately $50,000 for FY2006-07.
The City’s fiber optic accounts that are not under contract will move to the new EDF-3 rate
schedule in order to match the fees paid by commercial customers intended to accurately
recover the fiber optic revenue requirement. The FY 2005-06 cost to the City’sGeneral Fund
for fiber optic service is approximately $58,000. The City’s projected FY 2006-07 expenses
using the proposed EDF,3 rate schedule will increase by approximately $111,000, to
$169,000.
August 2, 2006, UAC, Proposed New Fiber Optic Rates
Page 3 of 4
The balance of the fiber optic revenue increase of approximately $163,000 is projected from
new customers under the proposed EDF-3 rate schedule.
POLICY IMPLICATIONS
This proposal meets the following Utilities Strategic Plan objectives: to invest in utility
infrastructure to deliver reliable service and to provide superior financial service to the City
and competitive rates to customers. These recommendations conform to the Utilities practice
of basing rates on the revenue requirements of providing the service.
ENVIRONMENTAL REVIEW
The adoption of the resolution does not constitute a project under the Califomia
Environmental Air Quality Act; therefore, no environmental assessment is required.
ATTACHMENTS
A, Rate schedules EDF-1, E~ ~
PREPARED BY:
Tom Auzenne
Assistant Director, Customer Support Services
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
EMILT~H~Ri~O-~\
Assistant City Manager
August 2, 2006, UAC, Proposed New Fiber Optic Rates
Page 4 of 4
UTILITIES ADVISORY COMMISSION
MINUTES OF AUGUST 2, 2006
DRAFT
CALL TO ORDER
The Utilities Advisory Commission meeting was called to order at 7:00pm on August 2, 2006.
Those in attendance were: Bechtel present, Keller Present, Rosenbaum present, liaison Beecham
present, Melton Present and Commissioner Dawes is absent.
ORAL COMMUNICATIONS
The UAC Meeting was chaired by our newly elected Commissioner John Melton Second item on
the agenda is Oral Communications. Any member of the audience would like to speak to the
Commission regarding a subject that is not on the Agenda now is the time. Seeing no indication
we will move on to the approval of the minutes of the June 7th meeting which was as there was no
July meeting the June meeting was the last meeting that was held by the Commission. Can have
a motion regarding the minutes?
APPROVAL OF THE MINUTES
George Bechtel moved approval of the minutes of June 7th 2006,
John Melton, is there a second?
Uarilyn Keller seconded it.
Motion made and seconded to approve the minutes of June 7th 2006 as presented all in favor
Aye, Aye, Aye
Dick Rosenbaum said Mr. Chair note that I will abstain having been absent at that meeting.
Melton said so three ’Ayes’ in favor of the approval of the minutes and Commissioner Rosenbaum
abstains due to not being at the meeting.
AGENDA REVIEW
Quick review of the agenda. Since we have only one item on the agenda, Tom I presume are
there any changes to the agenda? Are we.still a one item agenda?
Auzenne - Yes, we are still a one item agenda.
Meltor~ ~ Thank you.
Utilities Advisory Commission Minutes Draft:Page 1 of 12
Melton - First I will ask if there is any member of the audience that wishes to address the
Commission on the subject of the Fiber Optic Rates,
Seeing None, Our next item will be any comments or questions from Commissioners for Mr.
Auzenne regarding the proposal that the Utility Department has given us.
Bechtel- John I havea couple of questions, Tom in the recommendation you talk about approving
a $324,000 revenue increase in addition to the rate schedule, I assume that the new rate schedule
is going to provide that. How comfortable are you with that $324,000 number since we are only
changing lets say the existing customers by 3% or so if this is implying that this is all new
customers or I know you are also talking about changing the rates for the City so I am assuming
that the $324,000 is just for this fiscal year 2006-07 or does it include more?
Tom - No. That is represented for the 2006-07 fiscal year. It represents an adjustment to those
customer classes that you indicated and does not necessarily represent our anticipation of
customer growth. So we do expect additional revenues through expansion of the system and
increased numbers of participating customers. We have not included that projection in this,
Bechtel - Does that mean if the existing customers get new fiber, he will pay the new rate? Pay
rate EDF- 3 plus engineering cost? Is that what you are saying?
Tom - That is correct. What we have done is - we have basically grand-fathered in existing
customers on EDF- 1 that have long term agreements in place with us, We did not feel
comfortable by unilaterally voiding those contracts although that was within our purview but that
would represent a significant economic hit to them, It is our expectation that with the new EDF- 3
rate schedule which is essentially a month to month rate schedule as opposed to a long term lease
or any other long term tariff that at some point because of the expansion of the system driving
down our material costs, our operating costs and the like that there will be a crossing on the access
for those customers that we have grand-fathered in and they will sit there and find that their costs
under the new schedule whatever EDF- 3 or successors might be will be cheaper than their
perhaps 5 years or 10 years lease costs. Eventually we want to get everybody on the same type of
rate schedule which is going to be the ’Pay-as you Go’ kind of thing similar to electric rates or gas
rates or the other type. There were no benefits actually just the opposite that we found with long-
term leases because we weren’t able to accurately gage or recover our cost under that model,
Bechtel - How do you anticipate? Where the $324,000 is going to go? Is that going to go mostly to
Reserves? I am assuming that to add a customer to buy additional strands of the dark fiber that is
relatively minimal cost associate with it, is this money going to go to Reserve? Is it there that
where it is going to head?
Tom - Essentially ’Yes’ It will go into reserves. It will be the opposite of other pricing,
Utilities Advisory Commission Minutes Draft:Page 3 of 12
Bechtel- Well Okay. What you are saying, I guess I am not comfortable with applying the same
methodology with respect to rent that each department pays market price. So what you are saying
now is that the city pays the market going rate for the fiber. .. -
Tom- What we are doing is we are considering the city as a regular customer. Not a discounted
customer.
Bechtel - City as a regular customer- not a discounted customer- okay. That is all the question I
have for right now.
Melton - Tom, just a follow up on that for just a minute. So there have been some other cases -
as I recall gas when we did the gas rates few months ago -built into that was a cost of service
analysis between the different classes of customers. Is what you are saying is we sort of done that
again with the fiber optic and the cost of service to the city is substantially more than what we were
charging? Is it not the cost of service issue?
Tom - Dr. Hirmina will speak for that. Yes, we did quite a thorough cost of service study for fiber
optic rates.
Hirmina - Yes there was a consultant that was hired and the consultant did the cost of service
analysis. The City and any public agency that served the community like the City Departments
have a different kind of rate structure for which we consider like for public benefits because it
serves the community, so it is charged based on slightly lower risks than commercial customers,
but the discounted rate that the city enjoyed for sometime now was not cost justified.
Rosenbaum - Council Member Kishimoto had an article in the Weekly today in which she spoke of
the fiber loop being the cash flow positive which I assume is a terminology may or may not have
anything to do with the profitability but I am also confused as to whether the fiber loop under the
previously existing rates making money or not. Is the implication of this rate increase it would be
really making money, is that rate increase necessary in order to make it a positive experience for
the city?
Hirmina - I did not read the article so I do not know actually from where she got the information. As
I recently started to get involved in the fiber optic, my understanding is that the original rate
schedule was not cost - based and it is not recovering cost. That is why we are adjusting rates
now. I can go back and look into it if you need it.
Rosenbaum - Well in the article she said no more than the fiber loop is cash flow positive. It is a
term that may be subject to interpretation. Perhaps it does not include the payback of the initial
capital.
Utilities Advisory Commission Minutes Draft:Page 5 of 12
Bechtel- Can you clarify on Page 2 you say 27 customers is that referring only customers with
EDF -1 pricing or that’s everybody? So what is the 27 and 100 something? ....
Wallace - 27 includes the resellers of which there are multiple projects underneath the resellers.
At the start of the business we considered having the resellers do all the foot work so our direct
customer is the reseller and then they resell our service add value and provide the service
complete to the end-user,
Bechtel - so you are referring to any customers the base people plus the resellers?
Wallace - That is correct and I also consider those customers because we are starting to see as
the network matures many properties become open as tenant’s transition out and we have a line
left into those buildings, So that is a very valuable asset for us.
Bechtel - Thank you.
Beecham - If I can ask a couple of questions also, On the resellers do you continue to see that as
a kind of partnership with you guys or not?
Wallace - Oh very much so, It is great because we do not wholesale to them, We are getting the
same return as we would with an end-user,
Beecham - I know at one time there were issues on the contracts; you had some old contracts, are
they all cleaned up at this point?
Wallace - Yes. We are actually even taking the steps further where we are anticipating even more
streamlined contract in the next couple of months, Hit at the same time the new rates will. So that
all along what we wanted to do is be like the other guys. We wanted to be smooth like the electric
and gas.
Beecham - At this hour if you got a new customer coming in and they don’t currently have a
connection with you, If someone comes and they say they are going to be done renovating our
building we want to have this building turned on in two weeks can you do it? Can you say ’Yes’ I
am here and we are done?
Wallace - Well two weeks is a little tight, But we certainly have our business processes smoothed
out considerably and we got a lot of more cooperation from the other departments that help us,
Utilities Advisory Commission Minutes Draft:Page 7 of 12
Keller - On Page four you describe that you expected an increase of about $163,000 projected
from the new customers what is your basis for that? Did you audit the customers or how did you
predict that?
Wallace -That is a conservative estimate based on recent history. We always go for 10%,
Auzenne - I would like to make a comment if I may about the whole marketing in Fiber Optics. As
the group is now responsible for sales and marketing for commercial fiber optic services, we do
not, I do not regard this as a matured business at all. If anything we are just having the possibility
as Commissioner Keller said "who is our customer? Basically, anybody who has a lit fiber
installation now is a potential customer for our service. If only for Risk Management because we
are providing dark fiber to their business just in case something else happens, we are providing a
negotiating tool for the next time that their contract with their current provider comes up for
negotiation, there is a lot of opportunity that is why we were sitting there differentiating our sales
force to be able to approach more customers. That is why we are looking at our CIP’s and our
options for system expansion to drive the market there. We anticipate significant activity in this
business as opposed to considering it at a plateau at this point.
Keller - Do any other utilities do this?
Wallace - Yes. Tom I can take that question. There are four or five Municipal Utilities that do
handle telecommunications. Their primary role is for the folks that don’t have any kind of
connectivity at all; Midwest, Rural Country and what not, there aren’t a lot of Municipal folks in an
Urban Environment - Los Angeles Water and Power and maybe four or five others. Actually, City
of Santa Clara Power, they are chartered as Economic Development only. It is certainly an
advantage to them.
Bechtel - Tom on a slightly different subject in Finances to customers. You are talking about the
reorganization of the fiber and the moving of the marketing services to your operation basically.
Where are the rest of the folks? Are they still in Engineering? Blake Heitzman and his group? Is it
still being nourished by Engineers or l hope it is not being rolled out as a mature utility and splitting
it up too much.
Auzenne - No, there is one individual left in Electric Engineering, Electric Operations always
handles the actual installation out of their traffic signal crews and what not. Mr. Heitzman reports
to me. Mr. Wallace reports to the Manager of Utility Marketing Services where there are other Key
Account Representatives that have on-going relationships with our largest commercial/industrial
customers and I think they are doing some cross training now as far as the fiber business and the
rest of the business, Raveen Maan who is handling the fiber contracts is still reporting to Blake. So
we are not chopping it up piece meal.
Utilities Advisory Commission Minutes Draft:Page 9 of 12
Melton - Okay; Fine.
If there are no other questions, we have been asked to recommend to the City Council that they
approve a $324,000 retail fiber optic revenue increase and the associated rate schedules EDF 1,2,
3. Can I have a motion to that effect?
Rosenbaum - Mr. Chairman I would move the staff recommendation.
Bechtel- Second.
Melton: Then moved and seconded that the UAC recommend to the City Council approval of the
fiber optic revenue increase and the associated schedules attached. All in favor say ’Aye’
All said ’Aye"
Melton - Carries unanimously. Thank you
Becthel - John, could I add a comment after this? I mentioned this before but those of you who put
together these memos on rates I look at the revenue increase is being speculative and could you
phrase it so that you say approve the rate schedule and the associated are the estimated rate
increase of $324,000. Because that is really what we are approving - the rate schedule because
the revenue is not cast in concrete as much as I would love it to be. So can you do this?
Auzenne - Consider it done.
Hirmina -As a rate person I will do that.
Melton - Fine. So that item. of New Business is completed. I think that completes all the
businesses before the Commission tonight. Our next regular schedule meeting is a month from
now, September 6th, (First Wednesday in September) I look forward to seeing you all then.
Bechtel - John I will not be present. I will be on vacation for that meeting. Presumably there will
still be a quorum. I don’t know about Dexter.
Melton - it sounds like we can count on forum if Dexter will be here or not.
Very well, thank you very much and the meeting is adjourned.
Utilities Advisory Commission Minutes Draft:Page 11 of 12