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HomeMy WebLinkAbout2003-04-14 City Council5 TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER APRIL 14, 2003 ~TDEPARTMEN : UTILITIES CMR: 116:03 ADOPTION OF A RESOLUTION REVISING RATE SCHEDULE EDF-1 FOR DARK FIBER LICENSING SERVICES RECOMMENDATION Staff recommends that the City Council adopt a resolution revising Rate Schedule EDF-1 for dark fiber licensing services. BACKGROUND The City of Palo Alto established the dark fiber-optic system in Palo Alto in 1996 .The original purpose of the fiber system was to provide dark fiber services to telecommunication service providers. The fee structure developed for dark fiber services provided by the City includes advance engineering fees (for construction studies), interconnection fees (for actual construction), annual backbone license fees (usage fees) and drop/custom cable management fees (usage fees). The fee structure was originally approved by Council in the City’s first dark fiber license agreement in April 1997. On March 15, 2000 (CMR:164:00), the Council revised the dark fiber services fees to make dark fiber licensing more price competitive with alternative providers. On September 19, 2001 Council (CMR:326:01) adopted a resolution revising the dark fiber licensing fees to include annual consumer price index (CPI) adjustments and to incorporate some minor changes for clarification. CMR:116:03 Page 1 of 3 DISCUSSION Staffhas identified areas in the rate schedule that need modification to provide customers with clarification of items addressed in the rate schedule and the dark fiber license a~’eement. This proposed rate schedule does not raise existing fees. The purpose of this document is to provide customers with a concise schedule of all fees related to dark fiber service. The proposed changes to the dark fiber services rate schedule EDF-1 are as follows: i Section:Description of Change:Comments/Explanations: A:o Removed redundant content Simplify the rate schedule. o Language added to clarify the application of $500 Advance Clarify customer responsibilities related to I C.1 Engineering Fee Advance Engineering Fee. o Language added to clarify the application of $320 Clarify customer responsibilities related to , C-5:Disconnection Fee Disconnection Fee, ¯Language added regarding the application of other Relate provisions in the license agreement to C-6:connection and configuration fees current pricing. o Language added describing the applicability of early Clarify customer responsibility related to early C-7:termination fees termination of fiber projects. o Language added describing applicability of minimum Clarify customer responsibilities related to C-8:annual license fee minimum annual license fee., o Removed language for adjustments provisions for jobs I D-I:done based on estimates.Reflects current business practices. RESOURCE IMPACT Approval of the revised Rate Schedule EDF-1 will define business practices in the cm-rent rate schedule and provide customers with a clear and COlnprehensive explanation regarding dark fiber fees. This rate schedule provides clarification of existing fees and does not impact revenues. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies and is consistent with the Council approved Utilities Strategic Plan to deliver products and services for competitive markets. CMR:116:03 Page 2 of 3 ENVIRONMENTAL REVIEW Adoption of the resolution to establish Rate Schedule EDF-1 does not constitute a project under the California Environmental Quality Act. ATTACHMENTS A: Resolution B: Rate Schedule EDF-1 PREPARED BY: CAN Senior Resource Planner, Telecommunications DEPARTMENT HEAD: Did/i/ of Utilities CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:116:03 Page 3 of 3 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING UTILITY ~hTE SCHEDULE EDF-I OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING TO DAR_K FIBER LICENSING SERVICES The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION i. Pursuant to Section 12.20.010 of the Palo Alto Municipa! Code, Utility Rate Schedule EDF-I (Dark Fiber Licensing Services) is hereby amended to read in accordance with Sheets EDF-I-I through EDF-I-4, inclusive, attached hereto and incorporated herein. The foregoing Utility Rate Schedule shall become effective on Apri! 14, 2003. SECTION 2. The Council finds that the revenue derived from the authorized adoption enumerated herein shal! be used used only for the purposes set forth in Article VII, Section 2, ~ r ¯of the Charge of the City of Palo Alto SECTION 3. The Council finds that the adoption of this resolution does not constitute a project under the California Environmenta! Quality Act, California Public Resources Code section 21080, subdivision (b) (8). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Mayor City Manager Senior Asst. City Attorney Director of Utilities Director of Administrative Services 030321 syn 0072242 Ao Bo Co FIBER LICENSING SER~,,qCES UTILITY RATE SCHEDULE EDF- 1 APPLICABILITY: This rate schedule applies to various customers receiving Dark Fiber services from the City.’ of Palo Alto Utilities (CPAU) pertaining to the CiD"s Dark Fiber network (Backbone). TERRITORY: Within the incorporated linaits of the Cib’ of Palo Alto and land owned or leased by the City. FEES: 1.ADVANCE ENGLNEERING FEES: The Advance Engineering Fee is a non-refundable fee required for preparing an engineering study, which produces a detailed estimate of the cost and time required for the City, of Palo Utilities to provide customers dark fiber connectivity. If the project is constructed, the Advance Engineering Fee wi!l be credited against the Lnterconnection Fee. The Payment of Advance Engineering Fee is required to start any project. Advance Engineering Fee (per project with up to one lateral) ............................................................$500.00 (Per each additional lateral) ......................................................................$500.00 Special Conditions (projects requiring expert assessment) .........................(labor and materials) By’ Estimate DARK FIBER INTERCONNECTION FEES: o The Dark Fiber Interconnection Fee covers the cost of installing lateral connections and associated equipment as specified in the Advanced Engineering Study,. The Dark Fiber Imerconnection Fee is project- specific, the value of which is the result of the Advance Engineering Study. Dark Fiber Interconnection Fees .................................................................(labor and materials) By’ Estimate DARK FIBER BACKBONE LICENSE FEES: The current values or ranges for each of these price components are shown below for 2003 billing. The License Fee includes the cost of splicing the Backbone at all intermediate splice points. Fiber Price Range: The minimum rate (Pmin) is $522 per fiber mile per year ($FFM-Y) The maximum rate (Pmax) is $2,905 per fiber mile per year ($/FMY) Fiber Discounts: The following discounts apply. Fiber quantiD" discount: The discount for quantities of fibers licensed on a specific path ranges from $0 ~o $581 per fiber mile per year ($/FMY). Buffer tube discount: The Discount for numbers of full buffer tubes licensed on a specific path ranges from $0 to $581 per fiber mite per year ($/FMY). Route length discount: The route length discount ranges from $0 to $755 per fiber mile per year ($CFMY). CITY OF PALO ALTO UTILITIES Issued by the City Council Supercedes Sheet No.EDF-I-1 dated 9-19-2001 CITY OF ,--ALO ALTO UTILITIES Effective 4-14-2003 Sheet No.EDF-I-1 DARK FIBER LICENSING SER~rICES UTILITY RATE SCHEDULE EDF-1 Ring topolog5 discount: The ring topology discount for customers contracting for complete rings ranges from $0 to $232 per fiber mile per year ($/Fg,W). Len~h of term discount: The discount for contracting for terms of greater than one year ranges from $0 to $454 per fiber mile per year ($/FMY). Public benefit discount: The discount for public facilities providing substantial public benefit ranges from $0 to $2,383 per fiber mite per year ($/FM-Y). DAIKK FIBER LATERAL CONNECTION FEES: If a lateral connection requested by the Licensee cannot be installed in existing conduit, or attached to existing poles from the first demarcation point to the second demarcation point, then the Licensee may request that the Cib’ install new conduit and cable at the Licensee’s sole expense. In either occasion, the Licensee shall pay an annual Drop/Custom Cable Management Fee. Drop Cable Management Fees (per Foot, for the first 12-Fibers) ...............................................$0.10-$0.55 Drop Cable Management Fees (per Foot, each additional set of 12-Fibers)$0.55 Custom Cable Management Fees (per Foot, for the first !2-Fibers) ......................................................$2.81 Custom Cable Management Fees (per Foot, each additional set of 12-Fibers) ......................................$0.55 DARK FIBER DISCONNECTION AND RECONFIGURATION FEES: A Dark Fiber Disconnection Fee will be charged to disconnect any, lateral connection from the Backbone. This fee is required to disconnect any, project and is charged based on the number of laterals requested. Dark Fiber Discotmection Fees (per project up to one disconnection) ................................................$320.00 (Per each additional disconnection ....................................................S320.00 Reconfiguration Fee ....................................................................................(labor and materials) By Estimate OTHER CONNECTION ,4~ND CONFIGLFRATION FEES: Charges for other connection and configuration activities are priced based on CPAU’s cost of time and materials as stated in the Utilits’ Rate Schedule C-1. Unless specifically’ authorized in writing by the Licensee, work witl not be performed outside of normal working hours. EARLY TERI~IINATION FEES: If the Licensee chooses to tem~inate for convenience the License Ageement 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 A~eement, 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: o Annual fee of the contract year that the Licensee chooses to terminates in full without term discounts, or CITY OF PALO ALTO UTILITIES Issued by the Cit? Counci! Supemedes Sheet No.EDF-1-2 dated 9-!9-2001 CITY OF PALO ALTO UTILITIES Effect:ire 4- t 4-~.00.~ Sheet No.EDF-1-2 D~RK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 o Remaining fees of the project term as indicated in the License Agreement. 8.OTHER DARK FIBER FEES: If the above fees for a full or partial Contract Year are not paid as required, an administrative charge for processing and simple interest on the unpaid shall accrue and shall be payable until paid. Fee for Unpaid Balance of Fees (per month) .....................................................................1% of the Balance Administrative Charge due to Unpaid Balance ...................................................................................$200.00 Minimum Total Annual Dark Fiber License Fee ............................................................................$4,378.00 Minimum total annual dark fiber license fee will be assessed against the f~rst pr~ect of the license ageement. SPECIAL NOTES: 1.PREPAYMENT OF FEES: All advance engineering fees must be paid, in advance, prior to the scheduling of any investigation and project estimation. Adjustments will be made if the project requires special conditions. (e.g., high voltage expertise, pole assessments expertise, etc.). All intercormection fees must be paid, in advance, prior to the scheduling of any construction or connection to the Backbone. All recurring Dark Fiber License Fees must be paid to the CiD~ annually, and in advance, in return for the priv’ilege to use the Licensed Fibers. 2.DARK FIBER PRICLNG METHODOLOGY: . Access and pricing will be offered in a competitively neutral, non-discriminator’ manner. Actual prices paid by a licensee wil! be established on a. case-by-case basis in accordance with a consistent set of pricing principles that will be used to determine the pricing for all Licensees. The annual License Fee is a calculated value described by the following parameters: $ per fiber mile per year ($/FM~). The Annual License Fee is equivalent to [Price] x [QuantiD,]. QuantiD’ refers to the number of fiber-miles (FM) actually licensed by the customer. The annual charge for licensed Dark Fiber on the Backbone will be calculated to be the g-rearer of: 1. the minimum charge for the Licensed Fibers, or 2.the ma:dmum charge for the Licensed Fibers, reduced by the sum of all price discounts to which the Licensee may be entitled, in accordance with the following formula: Fiber Price = max [ Pmin, Pmax - Applicable Discounts] 3.TERM OF LICENSE: CITY OF PALO ALTO UTILITIES Issued by the CiD’ Council Supercedes Sheet No.EDF-1-3 dated 9-19-2001 CiTY OF PALQ ALTO UTILITIES Effective 4-t4-2003 Sheet No.EDF-1-3 D.~RK FIBER LICENSING SER~CES UTILITY tL~_TE SCHEDULE EDF-1 4o The minimum term for a License A~eement is ! year. The maximum term is currently timited to !0 ?,ears. ANNUAL FEE ADJUSTMENTS: All fees are subject to annual consumer price index (CPI) adjusn-nents as of Januar?, 1 of each ?,ear. CITY OF PALO ALTO UTILITIES Issued by the City Council Supercedes Sheet No.EDF-1-4 dated 9-19-2001 CITY OF PALO ALTO UTILITIES Effective 4-14-2003 Sheet No.EDF-1-4