City of Hermosa Beach --- 09-26-00

APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND RCN TELECOM SERVICES OF CALIFORNIA, INC. FOR THE INSTALLATION OF TELECOMMUNICATION LINES

 

Recommendation

Staff recommends that Council approve the attached agreement with RCN for installing telecommunication lines in the City.

 

Background

At the July 25, 2000 meeting, Council listened to a presentation by RCN regarding their plans to provide bundled services (telephone, cable, and internet) to Hermosa Beach. As a first step in providing those services, the City Attorney developed a telephone line agreement that would enable them to initiate construction of their infrastructure (Attachment A) . Once the agreement is approved, the City will introduce (at the October 10, 2000 City Council meeting) an "Ordinance Regulating Cable, Video, and Telecommunications Service Providers," Section 5.16.500 of which is entitled "Telecommunications Service Provided by Telephone Corporations." (A copy of that section of the draft ordinance is attached to the agreement as Schedule 1.)

The Public Utilities Commission has certified RCN as a Competitive Local Exchange Carrier with a Certificate of Public Convenience and Necessity. Under the provisions of the 1996 Telecommunications Act, the City can control the time, manner, and placement of the telephony equipment but cannot prevent RCN’s use of the right-of-way or their deployment.

 

Analysis

To that end, the City Public Works staff has reviewed the Attorney’s proposed agreement and met with RCN’s Director of Construction to discuss construction issues, street repair schedules, and timelines. In addition, RCN has provided the City with maps identifying both construction phasing and proposed aerial and underground locations (Attachments B and C ).

Redondo Beach City Council has already approved a telecommunications agreement with RCN and Manhattan Beach’s agreement is in progress. Section 3.8 has been added to the Hermosa Beach agreement to ensure that the City receives all the benefits accrued to our neighboring cities.

Other key provisions in the proposed Agreement include:

  • Criteria and guidelines for construction of above ground and underground infrastructure.
  • Requires as built maps
  • Limits the use of telephony infrastructure to telephone services until such time a cable franchise is obtained (negotiations are in progress).
  • Requires construction permits
  • Outlines the disposition of the infrastructure if abandoned, relocated or removed.
  • Requires a performance (restoration) bond of $450,000 to repair and restore the right-of-way to its prior condition if construction is not completed.

Once approved, Public Works will be responsible to enforce the provisions of the Agreement and to regulate construction activity by RCN.

Staff will continue negotiations with RCN for a cable television franchise and will return to Council with a proposed agreement during the next quarter.

 

Fiscal Impact: None

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AGREEMENT FOR THE INSTALLATION OF TELECOMMUNICATION LINES

 

THIS AGREEMENT FOR THE INSTALLATION OF TELECOMMUNICATION LINES ("Agreement"), effective as of the date specified below in Subsection 4.2, is entered into between the City of Hermosa Beach, a California municipal corporation ("City"), and RCN Telecom Services of California, Inc., a California corporation ("RCN.")

RECITALS

 

A. RCN holds a valid and unrevoked certificate of public convenience and necessity that was issued by the California Public Utilities Commission on September 17, 1998, and is authorized to do business as a "telephone corporation" under the California Public Utilities Code. As such, RCN may construct its telecommunication lines and related equipment ("Facilities") along and upon any public road or highway within the state in a manner that will not inconvenience the public use of the road or highway. RCN seeks to install, connect, operate, and maintain its Facilities within or upon streets, highways, and rights-of-way located in the City.

B. City is the municipal authority having jurisdiction over the streets, highways, and public rights-of-way within its municipal boundaries. City has the right to impose reasonable permit fees for encroachments and excavations within its streets, highways, and public rights-of-way, provided that those fees are nondiscriminatory and do not exceed the reasonable cost of providing the required permitting services.

C. Upon the Effective Date of this Agreement, as defined in Section 4 below, the City is processing for adoption an "Ordinance Regulating Cable, Video, and Telecommunications Service Providers," Section 5.16.500 of which is entitled "Telecommunications Service Provided by Telephone Corporations." A copy of that section of the draft ordinance is attached as Schedule 1. RCN has agreed to comply with all provisions of that section that apply to telephone corporations doing business in the State of California under certificates of public convenience and necessity issued by the California Public Utilities Commission.

D. In order to clearly delineate the rights and responsibilities of the parties with respect to RCN's proposed installation of its Facilities within the streets, highways, and rights-of-way of the City, and with respect to the City's imposition of reasonable permit fees and other regulations affecting that proposed installation, the parties agree as follows:

1. PARTIES

1.1 Parties to the Agreement. The parties to this Agreement are:

(a) City: The City of Hermosa Beach, a municipal corporation, having its principal office at 1315 Valley Drive, Hermosa Beach, California 90254.

(b) RCN: RCN Telecom Services of California, Inc., a California corporation, having a local office at 5230 Pacific Concourse Drive, Suite 200, Los Angeles, California 90045.

1.2 Representatives of the Parties and Service of Notices. The representatives of the parties who are primarily responsible for the administration of this Agreement, and to whom notices, requests, demands and other communications must be given, are as follows:

(a) The principal representative of the City is:

  • City Manager
  • Hermosa Beach City Hall
  • 1315 Valley Drive
  • Hermosa Beach, California 90254

(b) The principal representative of RCN is:

  • Mr. Frank Z. Cirone
  • Senior Vice President - Regional Operations
  • RCN Telecom Services of California, Inc.
  • 1400 Fashion Island Boulevard, Suite 100
  • San Mateo, California 94404

with a copy to:

  • John J. Jones, Esq.
  • General Counsel
  • RCN Corporation
  • 105 Carnegie Center
  • Princeton, New Jersey 08540

(c) Notices, requests, demands, and other communications to be given by either party must be in writing and may be effected by personal delivery, by overnight courier, by first class mail, or by certified mail, return receipt requested.

(d) If there is a change in the name or address of the principal representative or other recipients designated to receive the notices, requests, demands, and other communications, written notice must be given at least five working days before the effective date of that change.

(e) Schedule 2 to this Agreement contains a list of RCN representatives who may be contacted by the City regarding construction, maintenance, repair, or relocation issues.

2. TERMS.

2.1 Plans. Prior to commencing any work within or upon the streets, highways, and rights-of-ways in the City, RCN must provide to the Public Works Director a plan showing the location of all Facilities proposed to be installed by RCN in the City. The plan must include a list of all affected streets, as well as a description of the scope of work to be conducted on each affected street, highway, or right-of-way.

2.2 Permits; No Franchise Fees. For all work and each job, RCN will obtain from the City all required excavation, encroachment, and building permits and will pay all authorized permit and other fees associated with those permits, in accordance with applicable laws, prior to commencing any encroachment, excavation, or construction activities within or upon any street, highway, or rights-of-way. All Facilities must be constructed and installed in accordance with the Hermosa Beach Municipal Code, all applicable City standards, and the provisions of this Agreement. City will establish construction-related conditions and specifications that will be set forth in the excavation permit or permits. Nothing in this Agreement may be deemed to authorize the City to collect a franchise fee from RCN.

2.3 Time, Place, and Manner Controls. City has the right to exercise reasonable control as to the time, place, and manner with regard to which any excavation and encroachment permits are issued for RCN's installation, operation, or maintenance of its Facilities.

2.4 Construction. RCN is solely responsible for construction, installation, and maintenance of its Facilities. City has the right at all times to inspect construction of the Facilities to assure compliance with all permits or approvals granted by City.

2.5 Standard of Care. RCN will undertake all authorized activities within the streets, highways, and rights-of-way of the City in a skillful and workmanlike manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. RCN's installation activities must comply with applicable federal, state, and local laws, regulations, and rules, including the Mitigated Negative Declaration and the Mitigation Monitoring Plan that are incorporated into Decision 98-09-066 of the California Public Utilities Commission dated September 17, 1998, copies of which are on file with the Public Works Director.

2.6 Warranty. RCN warrants that any trench backfill, pavement restoration, or other work performed by RCN or its employees, agents, and contractors in the public rights-of-way will be free from all defects due to faulty materials or workmanship. RCN will repair or remove and replace all such backfill, pavement restoration, or other work, together with any other pavement areas directly affected by that removal or replacement, without any expense to City. If RCN fails to comply diligently with those provisions within 30 days after being notified in writing (or in cases of emergency, within 24 hours), City is authorized to proceed to have any backfill, pavement restoration, or other defects remedied at the sole cost and expense of RCN, and RCN is obligated to pay those costs and expenses within 30 days of receipt of invoice. Such action by the City will not relieve RCN of the warranty provided for in this subsection.

2.7 Relocation of Improvements.

(a) Within a reasonable period of time as specified by the City, RCN will relocate its Facilities, at its own expense, following written notification by the City that such relocation is necessary to make way for a proper governmental use or disposition of any street, highway, or rights-of-way where RCN maintains its Facilities. If the relocation of RCN's Facilities is requested by a person or entity other than the City, and for other than a proper governmental use, the costs of relocation will be borne by the person or entity requesting that relocation, and such relocation will be undertaken in a manner that preserves the usefulness and safety of RCN's Facilities.

(b) RCN must remove or relocate, without cost or expense to the City, any network Facilities that are installed, used, or maintained under this Agreement if and when made necessary by any lawful change of grade, alignment, or width of any street, or the construction, maintenance or operation of any City-owned facilities, whether underground or above-ground.

(c) In those portions of the City where transmission or distribution facilities of both the public utility providing telephone service, and the public utility providing electronical service, are underground or are scheduled to be placed underground, RCN must likewise construct, operate, and maintain all of its network Facilities underground. For the purpose of this paragraph (c), the term underground means and includes a partial underground system. City has no responsibility for any costs incurred by RCN in placing RCN’s Facilities underground.

2.8 Indemnity. RCN will indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and contractors, from and against any and all losses, claims, damages, injuries to persons or property (including wrongful death), liabilities, fines, penalties, and reasonable expenses (including reasonable attorneys' fees) that arise out of or are attributable to any intentional or negligent acts, omissions, or misconduct by RCN or its officers, employees, agents or contractors, related to the performance of this Agreement, except to the extent such losses, claims, damages, injuries to persons or property (including wrongful death), liabilities, fines, penalties, or expenses (including attorneys' fees) are caused by the intentional or negligent acts, omissions or misconduct of the City, its officials, officers, employees, agents or contractors. RCN's obligation to indemnify the City is not affected by the fact that insurance proceeds may be received by the City, its officials, officers, employees, agents or contractors, and RCN's obligation will survive the expiration or termination of this Agreement.

2.9 Term of the Agreement; Termination.

(a) Unless earlier terminated in accordance with the provisions of paragraph (b) below, the term of this Agreement will be 20 years from its effective date, as specified in Subsection 4.2, and will automatically be extended for five successive two-year terms unless either party gives notice of termination not less than 90 days prior to the end of the initial term or any extended term; provided, however, that such termination will not require the removal of any Facilities then used by RCN or by its authorized successors or assignees for telecommunications services; and provided further that, following any notice of termination, this Agreement will be subject to renewal or to extension on such terms and conditions as may be agreed upon by the parties.

(b) The City's legislative body may, following a public hearing and upon written notice to RCN, terminate this Agreement under any of the following circumstances:

(1) Where RCN has abandoned its Facilities for a period of 180 days or more and is no longer using those facilities to provide services.

(2) Where RCN has materially failed to comply with its obligations in accordance with the material terms of this Agreement and has not corrected such noncompliance within a period of 30 days after receipt of written notice from the City specifying that noncompliance. If RCN's noncompliance cannot reasonably be corrected in that 30-day period, then City may terminate under this paragraph (b) upon RCN's failure to demonstrate within the notice period that RCN is diligently pursuing corrective measures and that any noncompliance that cannot be corrected within 30 days will be corrected in a reasonable period of time thereafter.

2.10 Removal of Facilities upon Abandonment.

(a) Following any termination of this Agreement that is based upon the abandonment by RCN of its Facilities and the complete cessation of their use to provide services, the City may require RCN to remove its Facilities from the City's streets, highways, and public rights-of-way and to restore them to their prior condition within a reasonable period of time specified by the City. As long as RCN provides any type of service, whether telecommunications or any other service, over the Facilities, there will not be deemed a complete cessation of service. Upon RCN's failure to remove the abandoned Facilities, the City may perform the work and collect all costs, direct and indirect, from RCN. In the alternative, the City may authorize RCN to abandon its Facilities in place, under such terms and conditions as the City may approve. Upon City-approved abandonment in place of RCN's Facilities, rather than their removal, RCN must cause to be executed, acknowledged, and delivered to the City such instruments as the City may require in order to convey ownership of those Facilities to the City.

(b) If any portions of the network Facilities authorized by this Agreement, other than redundant Facilities or Facilities for emergency use, are no longer used by RCN, or are abandoned for a period in excess of one year, then RCN must notify the City and must either promptly vacate and remove those Facilities, at its sole expense, or, at the discretion of the Public Works Director, abandon some or all of those Facilities in place.

2.11 Limitations on Use of Facilities. Nothing contained in this Agreement will be deemed to authorize RCN to use its Facilities for the purpose of providing video programming in competition with any incumbent cable television operator that is franchised by the City; provided, however, that this limitation will not preclude RCN from applying for a City franchise, license, agreement, or similar authorization to provide services as a cable television operator, an open video system operator, or a "video provider," as that term is defined in California Government Code Section 53088.1.

2.12 Restoration Bond. Prior to commencing any work within or upon the City's streets, highways, and rights-of-way, RCN must provide, or must cause its prime contractor to provide, a restoration bond to guarantee the faithful performance of certain obligations of RCN under this Agreement. Specifically, the restoration bond will guarantee that, upon any abandonment or other permanent cessation or termination of the work relating to the installation of RCN's Facilities, the City's streets, highways, and public rights-of-way will be restored to the condition existing prior to RCN's installation work, reasonable wear and tear excepted, and the Facilities will either be removed or abandoned in place, as may be directed by the City's principal representative. The restoration bond must be issued by an "admitted surety insurer" that is authorized to conduct business in the State of California, and must be in the sum of $450,000. The City will be named as the obligee in the restoration bond. The restoration bond will be released following final inspection and approval by the Public Works Director of all Facilities that are installed by RCN under the provisions of this Agreement.

2.13 Participation with Other Utilities. RCN will cooperate with other similar utility service providers in planning, locating, and constructing its network Facilities in utility joint trenches, and will participate in cost-sharing for those trenches when two or more telecommunication service providers are proposing network f acilities in the same public right-of-way, or when an underground project is being planned by the City.

2.14 Records and Field Locations.

(a) RCN must maintain accurate maps and improvement plans of its network Facilities located within the City. RCN must, upon demand of the Public Works Director, deliver to the office of the Public Works Department, free of charge, and to other third parties interested in performing work within the public right-of-way for a reasonable charge and upon request, within 30 days after that demand, such maps and plans as may be required to show in detail the exact location, size, depth, and description of all network Facilities installed within the public right-of-way. RCN must also submit the plans in digital electronic format, as specified by the City. For City projects, RCN must, at its sole cost and expense, expose its subsurface network Facilities by pot-holing to a depth of one foot (1') below the bottom of those Facilities. RCN must comply with this requirement within 30 days after receipt of a written request from the City to do so.

(b) RCN must be a member of the regional notification center for subsurface installations (Underground Services Alert). RCN must also field-mark, at its sole expense, the locations of its underground network Facilities upon notification in accordance with the requirements of Section 4216 of the California Government Code, as it now reads or may later be amended.

2.15 Damage to Public or Private Facilities. RCN is responsible for any damage to City street pavement, existing utilities, curbs, gutters, sidewalks, and all other public or private facilities, attributable to or arising out of its construction, operation, installation, maintenance, repair, or removal of its network Facilities in the public right-of-way. RCN must repair, replace, and restore in kind or better, at its sole expense, the damaged facilities within 30 days after being notified in writing by the City (or in cases of emergency, within 24 hours).

30 MISCELLANEOUS PROVISIONS.

3.1 Future Changes in the Law. The parties acknowledge that the City's rights under this Agreement are coextensive with the City's rights under current state law with regard to the use of public rights-of-ways by telephone corporations (as defined by the Public Utilities Code). If future changes to federal or state law modify the scope of the City's authority to regulate RCN and its activities within the City and its public rights-of-way to a greater or lesser degree than is now authorized by this Agreement, the City and RCN agree that they will take any action necessary, or revise this Agreement where applicable, to be consistent with the scope of the City's regulatory authority as modified.

3.2 Compliance with Applicable Laws and Regulations.

(a) RCN must obtain all permits, licenses, and similar authorizations that are required by other governmental entities for the installation and use of its Facilities. RCN must also be and remain in compliance with all applicable statutes, ordinances, rules, regulations, orders, and decisions issued by any federal, state, or local governmental body or agency, including without limitation those issued by the California Public Utilities Commission and the Federal Communications Commission.

(b) Regardless of whether the ordinance referenced in paragraph (C) of the Recitals of this Agreement is ultimately adopted by the City's legislative body, RCN agrees to comply with the following policies and procedures relating to occupation and use of the public rights-of-way that are intended to encourage the shared use by utility service providers of existing facilities in those public rights-of-way:

(1) The requirement that utility service providers requesting permits review information provided by the City that identifies the ownership and location of facilities, such as underground conduits, that are available for shared use.

(2) The requirement that utility service providers requesting permits submit a written statement that describes in reasonable detail the efforts made to obtain from other utility service providers the right to use excess capacity within existing facilities, and to thereby avoid the construction of new facilities.

(3) The requirement that utility service providers occupying the public rights-of-way submit annually to the City a map, which may be in a uniform electronic-data format to be specified by the City, that shows the location of their respective facilities in the public rights-of-way. Notwithstanding the foregoing, an updated annual map is not required unless there are changes to the location of RCN's Facilities in the public rights-of-way.

(4) Such additional requirements as will encourage utility service providers to share excess capacity within previously-constructed facilities and to coordinate the construction of new facilities so as to minimize the number of excavations in the public rights-of-way.

(c) Prior to issuance of the requisite permits, all above-ground Facilities proposed to be installed by RCN in the public rights-of-way must be clearly delineated on the plans when they are submitted for the City's review. The permitting of RCN's above-ground Facilities will be subject to reasonable conditions that may be imposed by the Public Works Department in order to mitigate the safety hazards and the adverse visual impacts, both individually and cumulatively, of all authorized above-ground Facilities, which conditions may include or relate to, without limitation, the following:

(1) The subsequent design and installation by qualified professionals of landscaping and barriers to minimize public view of those Facilities, the location of which has been previously approved by the City.

(2) The maintenance of those Facilities in good condition, including compliance with any applicable City ordinances regarding graffiti removal.

(3) The placement of Facilities, such as overhead drops, as close as possible to other utility drops, consistent with all applicable electrical codes.

(4) Reasonable limitations upon the number of above-ground Facilities that may be installed within a designated geographical area.

(5) Reasonable limitations upon the dimensions or volume, or both, of above-ground Facilities.

(6) The specification of colors of above-ground Facilities reasonably requested by the City to ensure that these Facilities blend with the surrounding environment to the maximum extent possible.

(7) Any conditions that are imposed upon RCN by the Public Works Department, including those referenced above in subsections (1) through (6), will also be imposed upon similarly situated service providers in a competitively neutral and nondiscriminatory manner. Additionally, if the City makes its determination regarding the application of the above-referenced conditions to RCN, then that determination will be applied consistently on a prospective basis, and not retroactively, throughout the duration of the construction of RCN's Facilities.

(d) RCN agrees that if the City adopts City-wide requirements for the undergrounding of above-ground Facilities, or any portion thereof, which requirements are competitively neutral and nondiscriminatory, RCN will comply with those requirements at its cost.

3.3 Jurisdiction. This Agreement is governed by the laws of the State of California.

3.4 Successors and Assigns.

(a) The provisions of this Agreement and of all permits issued in accordance with Subsection 2.2 are binding upon the successors and assigns of the parties.

(b) No assignment by RCN of its rights or obligations under this Agreement will be valid without the prior written consent of the City, which consent will not be unreasonably withheld; provided, however, that no prior written consent will be required for any assignment that is made by RCN to its parent company, or to any subsidiary or affiliated company that has the same board of directors as RCN or its parent company, provided that 30 days prior written notice of that assignment is given by RCN to the City.

3.5 Attorneys' Fees. If either party brings a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing party will be entitled, in addition to other relief, to recovery of its reasonable attorneys' fees, expenses, and costs of suit.

3.6 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all prior negotiations, understandings, or agreements, whether written or oral, express or implied relating thereto. The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provision of this Agreement.

3.7 Good Faith and Further Acts. In exercising their respective rights and performing their respective obligations, the parties agree to exercise good faith and fair dealing toward one another so that the purposes of this Agreement can be achieved. The parties will take such additional steps and sign such additional documents as may be reasonably necessary to achieve the purposes of this Agreement.

3.8 Parity with Adjacent Cities. RCN acknowledges that, concurrently with the negotiation and execution of this Agreement, RCN is requesting authorization from the Cities of Redondo Beach and Manhattan Beach to install its Facilities within streets, highways, and rights-of-way located in those cities. RCN agrees that, if such authorization is granted by either or both cities on terms that are materially more favorable than those set forth in this Agreement, then the City will likewise be entitled to receive the benefits attributable to those more favorable terms. By way of illustration, and not by way of limitation, materially more favorable terms may include the payment of compensation in excess of the fees normally imposed for excavation, encroachment, or building permits, the provision of in-kind services or equipment, or other special benefits conferred upon the Cities of Redondo Beach or Manhattan Beach that are not conferred upon the City under the provisions of this Agreement.

40 AUTHORITY AND EFFECTIVE DATE.

4.1 Authority. The persons signing below represent that they have the requisite authority to bind the entities on whose behalf they are signing.

4.2 Effective Date. This Agreement will become effective on the date that it is signed by the last of the parties. It is the intention of the parties that RCN will first execute this Agreement and then submit it to the City. The City Clerk will insert the effective date in all counterparts of this Agreement, attest to their execution by a duly authorized officer of the City, and transmit one or more fully executed counterparts to RCN.

TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representatives as of the date set forth below the authorized signatures.

 

SCHEDULE 1

SECTION 5.16.500 OF CHAPTER 5.16, TITLE 5, OF THE  
HERMOSA BEACH MUNICIPAL CODE

5.16.160 Telecommunications Service Provided By Telephone Corporations

A. The City Council finds and determines as follows:

1. The federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict entry or limit competition in both local and long-distance telephone service.

2. The California Public Utilities Commission ("CPUC") is primarily responsible for the implementation of local telephone competition, and it issues certificates of public convenience and necessity to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations.

3. Section 234(a) of the California Public Utilities Code defines a "telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state."

4. Section 616 of the California Public Utilities Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line."

5. Section 2902 of the California Public Utilities Code authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets.

6. Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.

7. Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner, and may involve the imposition of fees.

8. Section 50030 of the California Government Code provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes.

B. In recognition of and in compliance with the statutory authorizations and requirements set forth above in paragraph (A), the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities that are proposed to be constructed within the City's public rights-of-way:

1. The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit, or a building permit ("ministerial permit.")

2. In addition to the information required by this Code in connection with an application for a ministerial permit, a telephone corporation must submit to the City the following supplemental information:

a. A copy of the certificate of public convenience and necessity issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the City's public rights-of-way.

b. If the applicant has obtained from the CPUC a certificate of public convenience to operate as a "competitive local carrier," the following additional requirements are applicable:

(i) As required by Decision No. 95-12-057 of the CPUC, the applicant must establish that it has filed with the City in a timely manner a quarterly report that describes the type of construction and the location of each construction project proposed to be undertaken in the City during the calendar quarter in which the application is filed, which information is sufficient to enable the City to coordinate multiple projects, as may be necessary.

(ii) If the applicant's proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the proposed construction project has been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC.

(iii) The applicant must inform the City whether its proposed construction project will be subject to any of the mitigation measures specified in the Negative Declaration ["Competitive Local Carriers (CLCs) Projects for Local Exchange Communication Service throughout California"] or to the Mitigation Monitoring Plan adopted in connection with Decision No. 95-12-057 of the CPUC. The City's issuance of a ministerial permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone corporations that are designated as "competitive local carriers."

C. In recognition of the fact that numerous excavations in the public rights-of-way diminish the useful life of the surface pavement, and for the purpose of mitigating the adverse impacts of numerous excavations on the quality and longevity of public street maintenance within the City, the following policies and procedures are adopted:

1. The City Manager is directed to ensure that all public utilities, including telephone corporations, comply with all local design, construction, maintenance and safety standards that are contained within, or are related to, a ministerial permit that authorizes the construction of facilities within the public rights-of-way.

2. The City Manager is directed to coordinate the construction and installation of facilities by public utilities, including telephone corporations, in order to minimize the number of excavations in the public rights-of-way. In this regard, based upon projected plans for street construction or renovation projects, the City Manager is authorized to establish on a quarterly basis one or more construction time periods or "windows" for the installation of facilities within the public rights-of-way. Telephone corporations and other public utilities that submit applications for ministerial permits to construct facilities after a predetermined date may be required to delay such construction until the next quarterly "window" that is established by the City.

SCHEDULE 2

REPRESENTATIVES OF RCN FOR CONSTRUCTION, MAINTENANCE, 
REPAIR, OR RELOCATION ISSUES

 

  • Sieg R. Weber c/o RCN Telecom Services of California, Inc.
  • Director of Construction
  • 5230 Pacific Concourse Drive, Suite 200
  • Los Angeles, California 90045
  • (310) 643-4475 – phone
  • (310) 643-4485 – facsimile

 

  • Kirk Riehl c/o Southern California Edison
  • Construction Supervisor
  • 501 South Marengo Avenue
  • Alhambra, California 91802
  • (626) 308-6952 – phone
  • (626) 308-6567 - facsimile

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