HomeMy WebLinkAboutID-2680-04-18-12-3
City of Palo Alto (ID # 2680)
Finance Committee Staff Report
Report Type: Meeting Date: 4/18/2012
April 18, 2012 Page 1 of 4
(ID # 2680)
Summary Title: Fiber Optics Utility Rate Adjustments
Title: Utilities Advisory Commission Recommendation on Fiber Optic Utility
Proposed Rate Adjustments Effective July 1, 2012
From: City Manager
Lead Department: Utilities
Recommendation
Staff and the Utilities Advisory Commission (UAC) recommend that Finance Committee
recommend that the City Council:
1. Adopt a resolution to approve a 2.93 percent Consumer Price Index (CPI) -based
increase to Dark Fiber Licensing Service Rates EDF-1 and EDF-2, for Fiscal Year (FY) 2013,
effective July 1, 2012, which will increase annual revenues from commercial dark fiber
customers by $45,000; and
2. Adopt future CPI-based rate adjustments for Dark Fiber Licensing Service Rates EDF-1
and EDF-2 in the annual budget without prior review by the UAC or the Finance
Committee, so long as the adjustments are established by existing Dark Fiber License
Agreements, and do not involve changes to the rate structures.
Executive Summary
Dark Fiber Licensing Service Rates EDF-1 and EDF-2 increase annually by the Consumer Price
Index. This year, the applicable CPI results in a 2.93 percent increase. Since these rate
increases are established by the agreement, staff and the UAC recommend that these rate
increases be approved by Council as part of the annual budget adoption and not be reviewed in
the future by the UAC or the Finance Committee as there are no policy questions posed by the
annual adoption of these rates.
Background
The City of Palo Alto Utilities (CPAU) provides commercial dark fiber optic services
within the boundaries of the City of Palo Alto. For customers with fiber optic licenses
that began prior to September 18, 2006, rates for service are published in Dark Fiber
Licensing Services Rate Schedule EDF-1. Rate Schedule EDF-1 was a promotional rate
and was closed to new Dark Fiber licenses in 2006. Customer expenses for engineering,
construction and connection to the fiber optic backbone are charged under Dark Fiber
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Licensing Services Rate Schedule EDF-2. The original Council-approved Dark Fiber
Licensing Agreement (CMR 177:97) contains a provision by which the commercial fiber
optic fees charged under the EDF-1 and EDF-2 rate schedules are adjusted annually in
accordance with the Consumer Price Index for all Urban Consumers for the San
Francisco-Oakland-San Jose MSA, which is published by the United States Bureau of
Labor Statistics. The annual adjustment is calculated based on the change in the
December CPI. New fiber customers are enrolled under Dark Fiber Licensing Services
Rate Schedule EDF-3, which does not increase by CPI annually. There are currently 11
customers still covered by the original Dark Fiber License Agreement on the EDF-1 rate
and 49 customers on the EDF-3 rate.
The annual revenues from EDF-1 and EDF-3 customers currently total $1.5 million and
$2.0 million, respectively. As contract terms for customers on the EDF-1 rate expire,
customers transfer to the EDF-3 rate so that over time, the EDF-1 rate will be phased
out and all customers will be on the EDF-3 rate. Also, as the EDF-1 rate is increased
annually by the CPI, some customers may voluntarily choose to move from the EDF-1
rate to the EDF-3 rate to save money.
Discussion
Based on the data published by the United States Bureau of Labor Statistics, the change
in the December CPI for 2011 is a 2.93 percent increase. The proposed rates for Rate
Schedules EDF-1 and EDF-2 for FY 2013, which are based on that factor, are shown in
the chart below.
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Proposed Fiber Rate Increases
Rate Description
Current
Rates
Proposed
Rates *
$
Difference
%
Difference
EDF-1 (Section C-1): Dark Fiber Backbone License Fees (fiber miles/month)
Fiber Price $311.65 $320.78 $9.13 2.9
Quantity discount 59.84 59.84 - -
Buffer tube discount 59.84 59.84 - -
Route length discount 77.80 77.80 - -
Ring topology discount 23.94 23.94 - -
Length of term discount 46.80 46.80 - -
Minimum Annual License Fee 471.36 485.16 13.80 2.9
EDF-1 (Section C-2): Dark Fiber Lateral Connection Fees (ft/month)
Drop Cable Mgmt. Fees * 0.02-0.06 0.02-0.06 0.00-0.00 2.9
Custom Cable Mgmt Fees * 0.30 0.31 0.01 2.9
Fees for additional fiber * 0.06 0.06 0.00 2.9
Per Project Minimum Drop/Custom
Cable fees 232.90 239.73 6.83
2.9
EDF-2 (Section C-1): Advance Engineering Fees (AER)
Commercial/Industrial AER min. fee $744 $766 $22 2.9
* Calculations have been rounded to the nearest cent.
Resource Impact
The additional Commercial Fiber Optic revenues resulting from the CPI increase to Dark
Fiber Licensing Services Rate Schedule EDF-1 are projected to be approximately $45,000
for FY 2013.
Since the Dark Fiber Licensing Services Rate Schedule EDF-2 applies to customer-driven
expansions and upgrades to the City’s dark fiber network, and the fee represents the
minimum fee, the increase in projected revenue due to this rate increase is negligible
and difficult to predict.
Policy Implications
Adoption of these rate adjustments represents no change in policy.
Commission Review and Recommendation
On March 7, 2012 the UAC reviewed the proposed rate adjustments to EDF-1 and EDF-3. The
UAC understood that the rate adjustment mechanism for the rates was established by contract
and that no policy issues were presented unless the rate structure is adjusted. The UAC voted
unanimously to recommend that Council approve a 2.93 percent increase to Dark Fiber
Licensing Service Rates EDF-1 and EDF-2 for Fiscal Year (FY) 2013, effective July 1, 2012, which
will increase annual revenues from commercial dark fiber customers by $45,000 and to waive
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its future review of the Fiber Optic rates that are changed according to contractual terms and
are not changes to the rate structure. The excerpted notes from the UAC’s March 7, 2012
meeting are provided as Attachment C.
Environmental Review
This change to fiber rates is not subject to the California Environmental Quality Act (CEQA),
pursuant to California Public Resources Code Sec. 21080(b)(8) and Title 14 of the California
Code of Regulations Sec. 15273(a)(1-3) , because the increase in revenues will be used to meet
operating expenses, financial reserves and for the purchase of supplies, equipment and
materials.
Attachments:
-: Attachment A: Resolution for Fiber Rate Adjustment Effective July 1, 2012 (PDF)
-: Attachment B: Utility Rate Schedules EDF-1 and EDF-2 (PDF)
-: Attachment C: Excerpted Minutes from Mar 7, 2012 UAC Meeting (PDF)
Prepared By: Ipek Connolly, Sr. Resource Planner
Department Head: Valerie Fong, Director
City Manager Approval: ____________________________________
James Keene, City Manager
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DARK FIBER LICENSING SERVICES
UTILITY RATE SCHEDULE EDF-1
CITY OF PALO ALTO UTILITIES
Issued by the City Council
Effective 07-01-20112
Supersedes Sheet No.EDF-1-1 dated 7-01-20101 Sheet No. EDF-1-1
A. 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).
B. TERRITORY:
Within the incorporated limits of the City of Palo Alto and land owned or leased by the City.
C. FEES:
1. DARK FIBER BACKBONE LICENSE FEES:
The values or ranges for each of these price components are shown below:
(1) Fiber Price………………………………………………………………. $311.6520.78/FM/month
(2) Quantity discount ……………………………………………………… $0 to $59.84/FM/month
(3) Buffer tube discount……………………………………………………….. $0 to $59.84/FM/month
(4) Route length discount…………………………………………………….. $0 to $77.80/FM/month
(5) Ring topology discount………………………………………………………$0 to $23.94/FM/month
(6) Length of term discount…………………………………………………… $0 to $46.80/FM/month
Minimum Backbone License Fee
$471.3685.16/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) …………………………… $0.02-$0.06/ft/month
(2) Custom Cable Management Fees (for the first 12-Fibers)……………………….. $0.301/ft/month
(3) Fees for additional Drop or Custom Cable fibers (each additional set of 12-Fibers) $0.06/ft/month
Minimum Drop or Custom Cable Management Fees........................................................ $232.909.73/month
Minimum Drop Cable Management Fees apply to any project proposal signed after September 18, 2006.
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DARK FIBER LICENSING SERVICES
UTILITY RATE SCHEDULE EDF-1
CITY OF PALO ALTO UTILITIES
Issued by the City Council
Effective 07-01-20112
Supersedes Sheet No.EDF-1-2 dated 7-01-201011 Sheet No. EDF-1-2
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:
1. All fees must be paid to the City in accordance with the terms of the Dark Fiber License Agreement, the
customer’s project proposals and all the applicable Utilities Rates, Rules, and Regulations.
2. All fees and minimum charges are subject to Consumer Price Index (CPI) adjustments, to be applied
annually, except as defined by Section D.3 of this Rate Schedule. Discounts will not be modified by
changes to CPI.
3. The CPI adjustment will be based on the Consumer Price Index for All Urban Consumers (CPI-U) for the
San Francisco-Oakland-San Jose MSA, published by the U.S. Department of Labor, Bureau of Labor
Statistics. The adjustment is calculated by dividing the most recent calendar year December CPI by the
December CPI in the year rates last changed. In the event that the change between December CPI’s
indicates an adjustment of less than 1% is required, a change to rate schedules may not be made for the
upcoming year. Future rate changes will take the last year of change as the new base year for purposes of
calculation.
{End}
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DARK FIBER SERVICE CONNECTION FEES
UTILITY RATE SCHEDULE EDF-2
CITY OF PALO ALTO UTILITIES
Issued by the City Council
Effective 7-01-20112
Supersedes sheet No. EDF-2-1 dated 7-01-20101 Sheet No. EDF-2-1
A. APPLICABILITY:
This schedule applies to all connections, expansions, and upgrades to the City's Dark Fiber network (Backbone).
B. TERRITORY:
All territory within the incorporated limits of the City and land owned or leased by the City.
C. 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.
(1) Commercial/Industrial AER minimum fee..................................................................... $74466.00
(2) Special conditions (requiring expert assessment)........................................................... By Estimate
2. ESTIMATED SERVICE CONNECTION AND RECONFIGURATION FEES
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...................................................... By Estimate
(2) Reconfiguration Fees..................................................................................... By Estimate
Labor rates are subject to change as stated in the Utility Rate Schedule C-1.
D. NOTES:
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 annually. The CPI adjustment
will be based on the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-
San Jose MSA, published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment is
calculated by dividing the most recent calendar year December CPI by the December CPI in the year rates last
changed. In the event that the change between December CPI’s indicates an adjustment of less than 1% is
required, a change to rate schedules may not be made for the upcoming year. Future rate changes will take the
last year of change as the new base year for purposes of calculation.
{End}
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Excerpted Minutes of the March 7, 2012 UAC Meeting
NEW BUSINESS
ITEM 1: ACTION: Proposed Amendment to Utilities Fiber Optic Rate Schedules EDF‐1 and EDF‐
2
Senior Resource Planner Ipek Connolly explained that there are 11 customers on Fiber Optic
Rate Schedules EDF‐1 and EDF‐2 and the contracts allow an annual rate adjustment based on
the Consumer Price Index (CPI).
Assistant Director Jane Ratchye noted that since the contracts require these adjustments, there
are no policy issues that are presented with changes in these rates. She suggested that the UAC
may want to recommend to Council that they do not need to review these types of changes in
the future.
Commissioner Eglash clarified that rate adjustments to rate structure still need to be reviewed
by the UAC, but if the only change is something required by a contract, then the UAC may not
need to review.
ACTION:
Chair Foster moved that the UAC recommend that Council approve a 2.93 percent increase to
Dark Fiber Licensing Service Rates EDF‐1 and EDF‐2 for Fiscal Year (FY) 2013, effective July 1,
2012, which will increase annual revenues from commercial dark fiber customers by $45,000
and that the UAC waive its future review of the Fiber Optic rates that are changed according to
contractual terms and are not changes to the rate structure. Commissioner Eglash seconded
the motion. The motion passed unanimously (4‐0) with Vice Chair Cook and Commissioner
Melton absent).
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