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HomeMy WebLinkAbout2000-03-06 City Council (17)City of Palo Alto C ty Manager’s Report TO:HONORABLE CITY COUNCIL 11 FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE:MARCH 6, 2000 CMR:164:00 SUBJECT:RESOLUTION ADOPTING A CHANGE TO THE FEES FOR DARK FIBER LICENSING RECOMMENDATIONS Staff recommends that the City Council approve: The proposed Rate Schedule EDF-1, with revised prices for Dark Fiber Licensing, and A resolution to establish revised prices for Dark Fiber Licensing in Rate Schedule EDF- 1 BACKGROUND On August 5, 1996, Council approved the establishment and funding for a dark fiber optic ring around Palo Alto with the intent of enhancing the deployment of advanced broadband telecommunications services in Palo Alto. The purpose of the fiber ring was to promote competition by licensing dark fibers to individual customers and telecommunication service providers. This was intended to reduce the cost of developing new infrastructure, allowing more customers and service providers to avoid a significant portion of these costs and economically provide competitive telecommunications services in Palo Alto. As part of the dark fiber licensing business, the City developed a price structure for licensing dark fiber, based on a formula that utilizes a minimum and maximum price, with discounts for distance, being part of a ring, quantity of fibers, and quantity of buffer tubes (groups of 12 fibers) used. This methodology has successfully been used to date CMR:164:00 Page 1 of 3 with the City’s existing 16 customers. Prices were also established and utilized for advanced engineering fees, interconnection fees, and drop cable management fees. The pricing structure was formalized by Council in the approval of the original cotitract with the City’s first dark fiber license customer in April 1997. All subsequent contracts have used the same pricing methodology, so as not to be discriminatory to any one customer. The pricing is also listed on the Utility’s Web Page. DISCUSSION The original pricing structure established for dark fiber licensing has been adequate in pricing the fiber. Some potent!al customers have indicated that the fiber license price and the installation charges are too high when compared with competitive alternatives. Recently, while developing a new customer proposal, it was found that the current pricing structure for a large quantity of fibers was not competitive compared’to the economics of the customer constructing its own fiber facilities. This is in direct conflict with the original intent of the fiber ring. Staff believes that the pricing structure needs to be revised to be more competitive for large quantities of fiber over long distances, using ring connections for reliability. It is the City’s intent to be the dark fiber provider of choice in Palo Alto, rather than encourage the installation of additional fiber by third parties. At the same time, staffhas reviewed all fees and revised them to make the City’s dark fiber more attractive to potential customers. All the changes have been incorporated into the existing price structure, and shown on a new rate Schedule, Rate Schedule EDF- l(Attachment B). The pricing shown on Rate Schedule EDF-1, will make the City’s dark fiber prices extremely competitive especially as compared to the price of new construction while retaining revenue return to the City. In addition, revisions have also been made to the interconnection fee and drop cable management fee to more accurately reflect actual costs of installation while at the same time making the licensing of dark fiber from the City more attractive to potential customers. Rate Schedule EDF-1 also allows customers to spread their installation costs over the length of their contract, up to five years. Interest will be charged at the City’s rate in effect at the time of the contract. These changes will help the City be competitive over a wide range of requests for licensing dark fiber. RESOURCE IMPACT Current revenue from the existing licensed customers is expected to be $680,000 this calendar year. Revisions to the existing pricing structure have the potential of attracting CMR: 164:00 Page 2 of 3 calendar year. Revisions to the existing pricing structure have the potential of attracting additional customers and revenue, some of which could be quite substantial ($200,000+ per year per customer). This change will also help in retaining our current customers. Revisions to the drop cable fee will require reducing the price in existing contracts to the new price, which will mean a loss of revenue of approximately $58,000 per year. This loss will be more than made up for with the increase in new customers from the more competitively priced installation cost. POLICY IMPLICATIONS This recommendation that Council approve Rate Schedule EDF-1 does not represent any change to existing City policies. ENVIRONMENTAL REVIEW Adoption of the resolution to establish Rate Schedule EDF-1 does not constitute a project under the California Environmental Quality Act. ATTACHMENTS: Resolution Rate Schedule EDF-1 PREPARED BY: Larry Starr and Mohammad Fattah DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL: Director of Utilities Manager CMR:164:00 Page 3 of 3 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING NEW UTILITY RATE SCHEDULES EDF-I OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING TO DARK FIBER LICENSING SERVICES The Council Of the City of Palo Alto does hereby RE~OLVE as follows: SECTION I.Pursuant to Section 12.20.010 of the Palo Alto<Municipal Code, new Utility Rate Schedule EDF-I (Dark Fiber Licensing Services) is hereby added 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 March 15~ 2000. SECTION 2.The Council finds that the revenue derived from the authorized adoption enumerated herein s~all be used only for the purposes set forth in Article VII, Section 2, of the Charter of the City of Palo Alto. SECTION 3.The counhil 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:APPROVED: City Clerk APPROVED AS TO FOhM: Senior Asst. City Attorney Mayor City Manager Director of Utilities Director of Administrative Services 000301 syn 0071831 A. APPLICABILITY: DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 This rate schedule applies to Dark Fiber Services that are provided to various public agencies and private entities. The schedule specifies interconnection fees that must be pre-paid by the customer to connect their facilities or buildings to the City’s Dark Fiber Backbone 03ackbone). The schedule also specifies the annual usage fees in return for the privilege of using the Backbone. B. TERRITORY: Within the incorporated limits of the City of Palo Alto and land owned or leased by the City. C. PREPAYMENT OF FEES: All interconnection fees must be paid, in advance, n~ to the scheduling of any construction or connection to the City’s Backbone. Customers are responsible for the actual costs where an estimate is shown herein. Adjustments will be made if actual costs vary significantly from estimated costs. All recurring annual Backbone License Fees must be paid to the City annually, and.in advance, in return fbr the privilege to use the Licensed Fibers D. DARK FIBER PRICING METHODOLOGY: The City will license. Dark Fiber to all interested parties that are*willing to agree to the terms and conditions associated with the Council-approved license agreement. Access and pricing will be offered in a competitively neutral, non-discriminatory manner. Actual prices paid by a licensee will 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 Price is a calculated value resulting in a value that is described by the following parameters: $ per Fiber-Mile-Year ($/FMY). The Annual License Fee is equivalent to Pdee X Quantity. Quantity refers to the number of Fiber-Miles (FM) actually licensed by the customer. The charge for licensed Dark Fiber on the Backbone will be calculated in accordance with a formula equal to the greater of the minimum charge for the Licensed Fibers or the maximum charge for the Licensed Fibers, reduced by the sum total of all price discounts to which the Licensee may be entitled The Fiber Price for a given licensee will be determined in accordance with the following formula: Issued by the City Council CITY OF PALO ALTO UTILITIES Effective 3/15/00 Original Sheet No. EDF-I-:I. DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 Fiber Price = max [ Pmin, Pmax - Discounts] Licensees are entitled to the followirig Dark Fiber discounts. The discounts are applicable to those Licensees who: (1) use larger quantities of Dark Fiber along a given segment; (2) simultaneously acquire Dark Fibers in groups of 12 (i.e., complete buffer tubes) along a given segment; (3) use greater route distances; (4) completely.utilize one or more of the available route-diverse rings; (5) sign an agreement with a term of more than 1 year; and (6) provide a substantial, public benefit. E. SUMMARY OF FEES: 1. ADVANCED ENGINEERING FEES: The Advanced Engineering Fee is a non-refundable fee required to cover the cost of preparing an Advanced Engineering Study which produces a detailed estimate (to within +/- 10%) of the cost and time required for the City of Palo Alto Department of Utilities to complete the intercormection of the customer’s building(s) to the Backbone. If the project is constructed, the Advance Engineering Fee will be credited against the Interconnection Fee. This Fee is required to start any project and is Charged in multiples, based on the number of buildings proposed or singularly if only the existirig Backbone is involved. Advanced Engineering Fee (per new drop cable proposed) ....................................$500.00 2. DARK FIBER INTERCONNECTION FEES: The Dark Fiber Intercormection Fee covers the cost of installing drop cables and associated equipment between .the customer’s building and the Backbone Splice Point. The Dark Fiber Intercormection Fee is project-specific, the value of which is a ~esultant of the Advanced Engineering Study. Dark_Fiber License~s have the option to spread the Interconnection Fee over the term of their contract up to a maximum of 5 years. Customers electing to take this option will be billed at the beginning of the year, and will pay an annual payment which includes the principal plus interest. Dark Fiber Interconnection Fees ................¯ ................................................:.By Estimate ’Interest Rate for an Extended Repayment Plan of the Intercormection Fees ............Applicable Rate Issued by the City Council CITY OF PALO ALTO UTILITIES Effective 3/15/00 Original Sheet No. EDF-1-2 3. DARK FIBER DIscONNECTION FEES: DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 " (Continued) A Dark Fiber Disconnection Fee will be charged to disconnect any Drop Cable from the Backbone. Dark Fiber Disconnection Fees (per Fiber) .........- ...................................................$25.00 4. DARK FIBER BACKBONE LICENSE FEES: The current values or ranges, which may be revised from time to time, for each of these pricing components are shown below in 2000 dollars. The License Fee includes the cost of splicing the Backbone at all intermediate Splice Points. Fiber Price Range: Pmin = $500/FMY Pmax = $2,792/FMY Fiber Discounts: Dfiber quantity = $0 - $558/FMY Dbuffer tube = $558/FMY Drou~ a~m¢,= $0 - $726/FMY Dr~g topology = $223/FMY Dt~rm = 05 - $450/FMY Dpublio benefii = $500iFMY Dpublie benefit is a place holder that is reserved to.allow an extra discount for licensees that provide a substantial public benefit in Palo Alto (e.g., a provider of advanced telecommunications on a universal service basis). 5. DARK. FIBER CUSTOM CABLE FEES: If a Custom Cable 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 Licens.ee may request that the City install new conduit and cable at the Licensee’s sole expense, and then the Licensee shall pay an annual Customer Cable Management Fee. Custom Cable Management Fees (per Foot, for the first 12-Fibers)"$2.69 Issued by the City Council CITY OF PALO ALTO UTILITIES Effective 3/15/00 Original Sheet No. EDF-1-3 DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 Custom Cable Management Fees (per Foot, each additional set of 12-Fibers) ....................$0.54 (Continued) 6. OTHER DARK FIBER FEES: If the License Fees, or Custom Cable Management Fees for a full or partial Contract Year or other charges are not paid as required, an Administrative Charge for processing and simple interest on the unpaid shall accrue 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 .....................................’ ..............$4,191.00 F. SPECIAL NOTES: 1.The minimum term for all License Agreements is 1 year. The maximum term is currently limited to 10 years. Issued ,by the City Council CITY OF PALO ALTO UTILITIES Effective 3/15/00 Original Sheet No. EDF-I-,~