HomeMy WebLinkAboutContract 26119 CITY SECRETARY
CONTRACT NO. _W L M
PUBLIC RIGHT-OF-WAY USE AGREEMENT
This PUBLIC RIGHT-OF-WAY USE AGREEMENT ("Agreement") is hereby made
and entered into by and between the CITY OF FORT WORTH, a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Charles
Boswell, its duly authorized Assistant City Manager, and AMERICAN COMMUNICATION
SERVICES OF FORT WORTH, INC., d/b/a e.spire Communications, Inc., a Maryland
corporation acting by and through James C. Falvey, its duly authorized Senior Vice President —
Regulatory Affairs.
The following statements are true and correct and constitute the basis of this Agreement:
A. Company is a Certificated Telecommunications Provider. A copy of Company's
certificate of convenience and necessity, certificate of operating authority or special provider
certificate of operating authority is attached hereto as Exhibit "A" and hereby made a part of
this Agreement for all purposes.
B. In accordance with Chapter 283 of the Texas Local Government Code, a
Certificated Telecommunications Provider is entitled to erect poles or construct conduit, cable,
switches and related appurtenances and facilities and excavate within the Public Rights-of-Way
in order to provide telecommunications services other than Cable Services. Company wishes to
excavate in the Public Rights-of-Way in order to provide telecommunications services other than
Cable Services in the City.
C. In accordance with Chapter 283 of the Texas Local Government Code, a
municipality may exercise police power-based regulations in the management of the use of its
public rights-of-way by a Certificated Telecommunications Provider in order to protect the
health, safety and welfare of the public. The City wishes to set forth reasonable regulations and
requirements in this Agreement for the use of the Public Rights-of-Way by Company and
Company is willing to abide by such regulations.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Access Line shall mean, unless the PUC adopts a different definition pursuant to Section
283.003 of the Texas Local Government Code, a unit of measurement
representing (i) each switched transmission path of the Transmission Media (a)
that is physically within a Public Right-of-Way extended to the end-use
customer's premises within the City; (b) that allows the delivery of local exchange
telephone services within the City; and (c) that is provided by means of owned
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termination point or points of a nonswitched telephone or other circuit consisting
of Transmission Media located within a Public Right-of-Way connecting specific
locations identified by, and provided to, the end-use customer for delivery of
nonswitched telecommunications services within the City; or (iii) each switched
transmission path within a Public Right-of-Way used to provide central office-
based PBX-type services for systems of any number of stations within the City
(and in that instance, one path shall be counted for every ten (10) stations served).
"Access Line" shall not mean and shall not include (i) interoffice transport or
other Transmission Media that do not terminate at an end-use customer's premises
or(ii) duplicate or multiple assessments of Access Line rates on the provision of a
single service.
Act shall mean the federal Communications Act of 1934, as amended by the
Telecommunications Act of 1996.
Affiliate shall mean any individual, partnership, association,joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or
controls, or is owned or controlled by, or is under common ownership or control
with, the entity in question.
Cable Services shall mean only:
• The one-way transmission to subscribers of (i) Video Programming or (ii) other
programming services, such as digital audio, by which is meant information
which Company makes available generally to all subscribers of Company's Cable
Services, such as digital cable radio service; and
• Subscriber interaction, if any, including, but not limited to, that which is used for
the selection or use of(i) Video Programming or other programming services; (ii)
various on-screen options; (iii) game channels; and (iv) interactive services, such
as the ordering of merchandise and the downloading of programs or data access
Cable Television System shall mean a facility consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment that is
designed to provide Cable Services which are provided to multiple subscribers
within the City, but shall not include (i) a facility that serves only to re-transmit
the television signals of one or more television broadcast stations; (ii) a facility
that serves subscribers without occupying any portion of the Public right-of-way;
(iii) a facility of a common carrier which is subject, in whole or in part, to the
provisions of Title II of the Act, except that, other than for purposes of Section
621(c) of the Act, such a facility shall be considered a Cable Television System to
the extent that such facility is used in the transmission of Video Programming
directly to subscribers, unless the extent of such use is solely to provide
interactive on-demand services; (iv) an open video system that complies with
Section 653 of the Act; or (v) any facilities of any electric utility used solely for
operating its electric utility systems.
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Certificated Telecommunications Provider shall mean a Person to whom the PUC has
issued a (i) certificate of convenience and necessity; (ii) certificate of operating
authority or (iii) service provider certificate of operating authority, as those terms
are defined in Title 2, Subtitle C of the Texas Utilities Code.
Company shall mean American Communication Services of Fort Worth, Inc.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas.
Director shall mean the Director of the City's Transportation/Public Works Department
or authorized representative.
Facilities shall mean all facilities placed in, on, under or above the Public Rights-of-Way
by or on behalf of Company, including, but not limited to, duct spaces, manholes,
poles, conduits, underground and overhead passageways, and other equipment,
structures and appurtenances and all associated Transmission Media in the Public
Rights-of-Way used by Company for purposes other than the provision of Cable
Services or Open Video System Services.
FCC shall mean the Federal Communications Commission.
Open Video System shall mean a facility consisting of a set of transmission paths and
associated signal generation, reception and control equipment that is designed to
provide cable service which includes video programming and which is provided
to multiple subscribers within the City and that has been certified by the FCC as
an Open Video System in accordance with 47 C.F.R. §§ 76.1500 et seq.
Person shall mean an individual, a corporation, a limited liability company, a general or
limited partnership, a sole proprietorship, a joint venture, a business trust or any
other form or business entity or association.
Public Right-of-Way shall mean the area on, below or above a public roadway,
highway, street, public sidewalk, alley, waterway or utility easement in which the
City has an interest, but shall not include (i) the airwaves above such Public
Rights-of-Way with regard to wireless telecommunications or (ii) any other
property of the City.
PUC shall mean the Public Utility Commission of Texas.
Supervisor shall mean the City's Public Utilities Supervisor.
Video Programming shall mean programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
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2. PERMIT.
Company shall not initiate or have initiated any kind of construction, installation,
maintenance, repairs or other work that requires the excavation, lane closure, or other physical
use of the Public Rights-of-Way unless Company first obtains a respective permit ("Permit")
from the Director. The City will provide the Permit to Company free of charge following (i) full
compliance with the prerequisites set forth in Section 3 of this Agreement and (ii) the Director's
review of Company's Permit application within a reasonable time following its submission to the
Director.
3. PREREQUISITES TO ISSUANCE OF CONSTRUCTION PERMIT.
3.1. Registration.
In order for the City to know which Certificated Telecommunications Providers
own Facilities in the City's Public Rights-of-Way, Company shall register with the
Supervisor and provide the following information at a minimum: (i) Company's name;
(ii)the current name, address and telephone number(s) of a contact employed by and with
binding and decision-making authority for the Company and who is available twenty-four
(24) hours per day; and (iii) proof of insurance in accordance with this Agreement.
Company shall update and keep current its registration with the City at all times.
3.2. Application.
Company shall submit an application for a Permit to the Director at least ten (10)
working days prior to the commencement of the respective use of the Public Right-of-
Way except (i) where waived by the Director in writing or (ii) in the event of an
emergency response related to an existing Facility owned by Company. The Permit
application shall include the following information at a minimum: (i) the name of
Company; (ii) the current name, address and telephone number(s) of a contact employed
by and with binding and decision-making authority for the Company and who is available
twenty-four (24) hours per day; (iii) the name, address and telephone number of any
contractor or subcontractor that will be performing work in, on or above the Public Right-
of-Way; (iv) the proposed location of any construction and route of all Facilities that
Company intends to install in, on or above the Public Right-of-Way; (v) the construction
and/or installation methods that Company intends to employ in order to protect existing
structures, fixtures and facilities within or adjacent to the portions of the Public Right-of-
Way that will be affected by Company's respective project; and (vi) the dates and times
that Company wishes to use the Public Right-of-Way.
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3.3. Executed Public Right-of-Way Use Agreement.
Company shall provide the Director with a fully executed copy of this Agreement
upon submission of Company's Permit application.
3.4. Bond.
Prior to the commencement of any work in the Public Rights-of-Way in the City
that requires a cut, opening or other excavation, Company shall deliver to the City a bond
executed by a corporate surety authorized to do business in the State of Texas and
acceptable to the City in the amount of Twenty-five Thousand Dollars ($25,000.00) or an
amount sufficient to restore the Public Rights-of-Way affected by the cut, opening or
other excavation if such amount is readily discernible and acceptable to the Director. The
bond shall guarantee that Company shall (i) restore the Public Rights-of-Way affected by
such cut, opening or other excavation in a satisfactory and workmanlike manner (ii)
complete any repairs directly caused by Company's failure to have properly restored such
Public Rights-of-Way for a period of two (2) years following the date of restoration; and
(iii) fully comply with the terms and conditions of the Permit and the City's ordinances
governing excavations in the Public Rights-of-Way.
4. AS-BUILT PLANS AND DRAWINGS.
Company shall provide the Director with as-built plans and drawings of Company's
Facilities within ten (10) calendar days following the completion of such Facilities and annually
thereafter. As-built plans and drawings shall be new drawings or red-lined changes to drawings
previously provided to the Director. Company shall supply the textual documentation of such
as-built plans and drawings in computer format as requested by the City.
5. MUNICIPAL FEE.
Company shall pay the City a quarterly Public Right-of-Way use fee ("Fee") calculated
monthly and based on the then-current Access Line rates for the City adopted by the PUC in
accordance with Section 283.055 of the Texas Local Government Code. Company shall pay the
Fee on a calendar quarterly basis to the Supervisor at the address provided in Section 12 of this
Agreement. The Fee shall be due within forty-five (45) days following the last day of each
quarter.
6. TERM
This Agreement shall become effective on the date of its execution ("Effective Date")
and shall terminate upon the effectiveness of a City ordinance governing the use of the Public
Rights-of-Way by Certificated Telecommunications Providers and other public utilities.
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7. USE OF PUBLIC RIGHTS-OF-WAY.
7.1. No Undue Burden.
Company's Facilities shall not be erected, installed, constructed, repaired,
replaced or maintained in any manner that places an undue burden on the present or
future use of the Public Rights-of-Way by the City and the public. If the City, in its sole
and reasonable judgment, determines that any portion of Company's Facilities do place an
undue burden on a portion of the Public Rights-of-Way, Company, at Company's sole
cost and expense and within a reasonable time period specified by the City, shall modify
its Facilities or take other actions reasonably determined by the City to be in the public
interest to remove or alleviate the burden.
7.2. Minimal Interference.
Company's Facilities shall be erected and maintained in a manner that causes
minimal interference with the public's use of the Public Rights-of-Way and with the
rights or reasonable convenience of the owners of property which adjoins any of the
Public Rights-of-Way. Prior to the undertaking of any kind of construction, installation,
maintenance, repairs or other work that requires the excavation, lane closure, or other
physical use of the Public Rights-of-Way, Company shall provide at least twenty-four
(24) hours' advance written notice to the occupants of property adjacent to those portions
of the Public Rights-of-Way that will be affected. Company shall comply with all
applicable rules, regulations and requirements of the City, including, but not limited to,
those related to permissible hours of construction, operations during peak traffic hours,
barricading requirements and any other construction rules or regulations that may be
promulgated from time to time. In addition, during any such work, Company shall
provide construction and maintenance signs and sufficient barricades at work sites to
protect the public. The application of such traffic control devices shall be consistent with
the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control
Devices. Company shall utilize appropriate warning lights at all construction and
maintenance sites where one or more traffic lanes are obstructed during nighttime
conditions.
7.3. Underground Facilities.
Company shall bury or have buried any of its underground Facilities at least three
(3) feet below the surface of the Public Rights-of-Way and shall place signs at intervals
reasonably requested by the City that alert the general public of the presence of such
Facilities. In any area designated by the City where the City currently or may in the
future require public utilities to place their Facilities underground, Company shall, when
initially installing its Facilities, also place those Facilities underground.
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7.4. Joint Use.
In order to avoid an undue burden on the infrastructure of the Public Right-of-
Way and an unnecessary proliferation of Facilities above the Public Rights-of-Way
Company shall permit the joint use or co-location of its poles, conduits and Facilities
located in the Public Rights-of-Way by other utilities and entities, provided that
Company may require any such users to pay a reasonable fee and enter into a reasonable
agreement with Company for such use or co-location.
7.5. Relocation of Facilities.
Subject to the conditions set forth herein, the City reserves the right to lay, and
permit to be laid, sewer, gas, water and other pipelines or cables and conduits; to change
and permit to be changed any curb, sidewalk or grade of any street; and to do and permit
to be done any underground, ground level or overhead installation or improvement that
may be deemed necessary or proper by the City, in, across, along, over or under any
Public Right-of-Way, including those occupied or used by Company. In connection with
such work, the City shall have the right to require Company to protect, support,
disconnect, relocate or remove from the Public Rights-of-Way any portion of its
Facilities, and Company, at Company's sole cost and expense, shall take such steps in
accordance with and promptly following receipt of written instructions from the City. If
the City's requirements impose a financial hardship upon Company, Company may
present alternative proposals for the City's consideration. The City shall in no way be
liable for any damage to Company's Facilities that may be caused on account of any such
work, except to the extent directly caused by the negligence or intentional misconduct of
the City, its officers or employees in the course of the performance of a proprietary, and
not a governmental, function. However, nothing herein shall relieve any other person or
corporation from liability for damage to Company's Facilities caused by such person or
corporation.
7.6. Temporary Relocation of Facilities.
Upon advance notice of at least forty-eight (48) hours, Company shall temporarily
raise or lower its wires, cables or other similar Facilities upon the reasonable request of
any person or entity, including, but not limited to, a person or entity with a building
moving permit issued by the City. Company may charge a reasonable fee for this
service, but such fee shall not exceed the actual and direct costs incurred by Company in
the temporary relocation of such Facilities.
7.7. Compliance with Master Thoroughfare Plan.
Before Company constructs, installs or locates any of its Facilities along or
adjacent to any existing or proposed Public Right-of-Way, Company shall contact the
Director and obtain verification from the Director that Company's proposed construction,
installation or location of its Facilities will not conflict or interfere with a proposed
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expansion of an existing Public Right-of-Way or construction of a new Public Right-of-
Way as shown on a then-current master thoroughfare plan. If the Director determines
that Company's proposed construction, installation or location of its Facilities will
constitute a conflict or interference with such a plan, the Director shall notify Company
of the conflict or interference and Company shall work with the City in good faith to
resolve the conflict or interference.
8. CABLE AND OPEN VIDEO SYSTEM SERVICES PROHIBITED.
Unless otherwise specifically allowed by law, Company shall not provide Cable Services
through its Facilities or initiate construction of a Cable System or Open Video System in the
Public Rights-of-Way without a franchise awarded by the City in accordance with the Act.
9. INSURANCE.
9.1. Required of Company.
Company shall provide the Director with proof of insurance of the types and limits
as follows:
• Commercial General Liability:
$5,000,000 per occurrence;
• Property Damage Liability:
$1,000,000 per occurrence;
• Automobile Liability:
$1,000,000 per accident,
including, but not limited to, all owned, hired or non-owned motor vehicles used in
conjunction with Company's use of the Public Rights-of-Way
Company's insurance shall be underwritten by entities authorized to do business in the State
of Texas and who are acceptable to the City in terms of solvency and financial strength.
Company's insurance policy or policies shall name the City as an additional insured and
cover all public risks related to Company's use the Public Rights-of-Way. Deductible or
self-insured retention limits on any line of coverage required herein shall not exceed
$25,000 in the annual aggregate unless the limit per occurrence, or per line of coverage, or
aggregate is otherwise approved by the City.
9.2. Required of Company's Contractors.
Company shall require any contractors who undertake construction, installation,
maintenance, repairs or other work that requires the excavation, lane closure, or other
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physical use of the Public Rights-of-Way to maintain insurance of the same types and
limits and on the same conditions as provided by Section 9.1 of this Agreement.
10. INDEMNITY.
In accordance with Section 283.057 of the Texas Local Government Code, Company
shall indemnify and hold the City and its officers and employees harmless against any and all
claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorneys'
fees and costs of defense), proceedings, actions, demands, causes of action, liability and suits of
any kind and nature, including personal or bodily injury (including death), property damage, or
other harm for which recovery of damages is sought that is found by a court of competent
jurisdiction to be caused solely by the negligent act, error, or omission of Company or any agent,
officer, director, representative, employee, affiliate or subcontractor of Company, or their
respective officers, agents, employees, directors or representatives, while installing, repairing or
maintaining Facilities in a Public Right-of-Way. The indemnity provided under Section 283.057
of the Texas Local Government Code and this Section 10 does not apply to any liability resulting
from the negligence of the City, its officers, employees, contractors or subcontractors. If
Company and the City are found jointly liable by a court of competent jurisdiction, liability shall
be apportioned comparatively in accordance with the laws of the State of Texas without,
however, waiving any governmental immunity available to the City under Texas law and without
waiving any defenses of the parties under Texas law. This Section 10 is solely for the benefit of
the City and Company and does not create or grant any rights, contractual or otherwise, to any
other Person or entity. Company and the City shall promptly advise the other in writing of any
known claim or demand against Company or the City related to or arising out of the Company's
activities in the Public Rights-of-Way.
11. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company acknowledges that the doctrine of respondeat
superior shall not apply as between the City and Company, its officers, agents, employees,
contractors and subcontractors. Company further agrees that nothing herein shall be construed as
the creation of a partnership or joint enterprise between the City and Company.
12. NOTICES.
Any notices required pursuant to the provisions of this Agreement or provided by the City or
Company to the other shall be (i)hand-delivered to the other parry or (ii) mailed through the United
States Postal Service, postage prepaid,return receipt requested, addressed as follows:
To THE CITY: To COMPANY:
City of Fort Worth James C. Falvey, Esq.
Attn: Public Utilities Supervisor Senior Vice President—Regulatory Affairs
1000 Throckmorton e.spire Communications, Inc.
Fort Worth, TX 76102 131 National Business Pkwy, Suite 100
Annapolis Junction, MD 20701
with a copy to: with a copy to:
City of Fort Worth Diane Barlow, Esq.
Department of Law Casey, Gentz& Sifuentes, LLP
Attn: Attorney for Telecommunications 919 Congress Avenue, Suite 1060
1000 Throckmorton Austin, TX 78701
Fort Worth, TX 76102
13. COMPLIANCE WITH LAWS.
Company agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City; and all rules and regulations established by the Director in order to protect
the public health, safety and welfare. Company agrees that if the PUC adopts any kind of order,
rule or regulation that excepts all or any portion of Company's Facilities from governance by
Chapter 283 of the Texas Local Government Code ("Excepted Facilities"), Company shall obtain
a separate written agreement, consent or franchise from the City and pay the City reasonable and
non-discriminatory compensation for Company's use of the Public Rights-of-Way with respect to
the Excepted Facilities.
14. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the law,
shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert
any such right on any future occasion.
15. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. Unless the PUC asserts jurisdiction pursuant to
and in accordance with § 283.058 of the Texas Local Government Code, venue for any action,
whether real or asserted, at law or in equity, that arises out of the terms of this Agreement shall lie
exclusively in state courts located in Tarrant County, Texas or the United States District Court for
the Northern District of Texas, Fort Worth Division.
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16. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Company's
use of Public Rights-of-Way.
17. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final
order entered by a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement,
a court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order,including,without limitation all available appeals, have been exhausted.
18. HEADINGS NOT CONTROLLING.
Headings and titles that are used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
19. ENTIRETY OF AGREEMENT.
This Agreement contains the entire understanding and agreement between the City and
Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions of
this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties.
CITY OF FORT WORTH: AMERICAN COMMUNICATION
SERVICES OF FORT WORTH, INC.:
By: 0R. By: 2.l (_1 wz-_�
Charles Boswell J91KC. Falve
Assistant City N4anager eni r Vice President—Reg()at ry Affairs
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ATTEST: ATTEST:
By: By:
ity Secretary . V b�
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APPROVED AS TO FORM AND LEGALITY:
By:
Assistant city Atto66y
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PUC DOCKET NO. 15594
SOA!I DOCKET NO. 37:1-96-0654
APPLICATION OF ANIE141CAN § Pt IL(C LITILITY COMMISSIO\
COMMUNICATIONS SERVICES OF §
FORT WORTH, INC. FOR A SERVICE § OF
PROVIDER CERTIFICATE OF §
OPERATING AUTHORITY § TEXAS
PUC DOCKET NO. 15596
SOAR DOCKET NO. 4'73-96-0656
APPLICATION OF AMERICAN § PUBLIC UTILITY COrvlM15SION
COMMUNICATIONS SERVICES OF EL §
PASO, INC. FOR A SERVICE § OF
PROVIDER CERTIFICATE OF §
OPERATING AUTHORITY § TEXAS
ORDER
1.
This Ordr-r grants American Communications Services of Fort Worth (ASC-Fon
Worth) and American Communications Scrvices of EI Paso (ASC-EI Paso)(collectitiely.
Applicants) Service Provider Certificates of Operating Authority (SPCOAs)_ The ALJ
issued a Proposal for Decision (PED) on June 4, 1996. Subsequent to (hat date, AT&T
Capital agreed to be acquired by a leasing consortium, a move that would sever any
affiliate relationship which may have existed betwcen AT&T Corporation (AT&T) and
(hc applicants, and rnoot ar_y issue tis to whether an affiliate relationship existed between
ACS-Fon Worth or ACS-EI Paso and AT&T. On June 27, 1996, the parties filed a
stipulation agreeing that issues relating to the existence of an affiliate relationship
betwcen ACS-Fon Worth or ACS-El Paso and AT&T are moot,
The June 27, 1996 stipulation is admitted into evidence in this proceeding. The
proposed Findings of Fact (CoFs) and Conclusions of Law (CoLs) as revised on July 1,
1996 are adopted and incorporated in this Order in Section IT. Additionally, the PFD is
adopted and incorportited by reference in this Order except to the extent it is inconsistent
with the revised FoFs and Cots adopted in this Order.
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PUC DOCKET NOS, 15594 and 15596 ORDER PAGE 2
SO,all DOCKET NOS_473-96-0654 and 473-96-11656
I1.
Findings of Fact and Conclusions of Law
A. E"ndinvg of Fact
Applicadon:
1. ACS-Fort Worth and ACS-El Paso Fled applications an April 2, 1996 seeking
SPCOAS under FURA95 §3,2532 in order to provide telecommunications services in the
service territory defined in SWB's tariff as rol[ows, and pursuant to the lirvi*adarLs
imposed urtdcr PURA95 §3.2532(d)(1) and (d)(2)(C) with regard to cenificated areas of
companies serving fewer than 31.000 access lints:
a_ ACS-Fort Worth in*the entire Fort Worth Metropolitan Exchange
as defined in SWB's Local Exchange Tariff. Section 1, Sheet 73 §5.4 and
5.4.1. The precise area is that in which unlimited flat rate. originating
calling is available as described on SWB's Local Exchange Tariff, Section
1, Sheet 73. ACS-Fort Worth will resell services from SWB. GTE
Southwest, Inc„ Central Telephone Company of Texas, and CONTEL of
Texas, Inc. drbla GTE-Texas.
b. ACS-El Paso in that portion of SW$`s Local Exchange Tariff.
Section 1, Sheet 57, as the "Exchanges Included in Calling Area" for El
Paso, Texas. The precise area to be served is that for which unlimited flat
rate calling is available as specified on that page, and all areas in which
optional or mandatory EAS calls may be made to or from the designated
calling area. ACS-El Paso tir711 resell services from SWJ3.
2. The Applicants propose to be both facilities-based and resale providers of local
exchange scrvice, basic local telecommunicarions service, and switched access service.
As such, Applicants are entitled to use facilities that anz famished under SIX-B's
authorized resale tariffs, and may use their own facilities in the provision of dedicated
services which do not require eertiticatiun._ Facilities are the local distribution channel
which includes the "loop" and "drop" facilities, whether they be optical fiber, copper,
coaxial, or wireless based. The Applicants will not, however, became facilities-based
providers of local exchangc service, basic local telecommunications service, or sKitehed
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PUC DOCKET NOS. 15594 and 15596 ORDER PAGE 3
SUAI( DOCKET Nt)a. 473-96-0654 and 473-46-0656
access service unless and Until the decision of the Commission in Docket No. 146651 that
an SPCOA holder may use its own loop facilities is neither stayed nor otherwise held in
abeyance pending an appeal from such decision; the Applicants agree to abide by the
result of any such appeal.
Procedural History:
3. On April 4, 1996, the Commission issued a preliminary order and transferred
these cases to SOAR under TEX. GOV'T CODE ANN. §2003.047 (Vernon Pamph.
1996).
4. Notice of the applications and of the opportunity to intervene was posted on the
Internet on April 4, 1996 and published in the Teras Register on April 12, 1996,
5. The following parties intervened: SWB and Texas Statewide Telephone
Cooperative, Inc_ (TSM). The Commission's General Counscl also participatcd in this
proceeding.
6. Consolidation of these applications for hearing and final disposition is appropriate
given the similarity of the issues involved, the itlentilies of the parties, and the similarity
and nature of the relief requested by the Applicants.
7. On April 9, 1996, the General Counsel determined that them is an affiliate
relationship bet-ween the applicant and AT&T Corporation, which is the parent company
of AT&T Communications of the Southwest, Inc. (AT&T-SW), but because the
percentage of ovrnership is minimal, 7.25 percent, she recommended the Commission
certify that the applicants are eligible for SPCOAs under PURA95 43,2532(b),
S. The AL! declined to certify Applicants as eligible but stayed the operation of her
ruling because of the abbreviated procedural schedule in these dockets. Thereafter. the
Applicants, S\VB, and General Counsel filed A stipulation resolving the six percent
'Application of Mciropoliton Fiber Systems of Dallas, Inc., card Merropohlon Fiber Svsrenrs of 11ouston.
Inc.,foe Service Provider Cerri rcates of Operating Audrurh.)% Docket No_ 14665, Order on Rehearing
(March i, 1996)(not yet reported)_
08/09%2000 14:22 FAX 16 005
Jul--22-96 12: 23P W_ Scott NcCo l l ough , P_C_ 'S1 Z_479_84S3 P-05
PUC POCKET MOS. 13594 and 15396 ORDF,R PAGE 4
SOA11 11OC'RFT SOS, 413-96-0654 and .173-96-0656
eligibility issue. After resolving s small local exchange company issue with Applicants.
TSTCI indicated it does not oppose the applications. Therefore. no legal or factual issues
are contested by the parties.
Sir-Percenr Eligibifiry Factor;
9. AT&T Credit owns 7.2$ percent of the stock of ACS-Fort Worth and 7.25 percent
of ACS-El Paso. ACSI owns 92.75 percent of the stock of these entities.
10. AT&T Credit is a wholly-owned subsidiary of AT&T -Capital. AT3:T Capital
Icasey and finances a diverse range of equipment, including telecommunications, general
office, manufacturing, medical aid and materials handling_ information tcehnolo fey,
transportation and real estate. AT&T Credit offers financial products and services
through vendor finance and direct customer finance.
11. AT&T Credit's interest in ACS-Fon Worth and ACS-El Paso is that it provided
funds for their acquisition, construction, and operation of competitive access networks
located in Fort t1.,'orth and EI Paso, respectively,
12. AT&T ov ned 96 percent of the stock of AT&T Capital. but AT&T Capital has
agreed to be acquired by a leasing consortium nut atTillitcd with AT&T,
13. Applicants' total intrastate switched access minutes of use for the twelve-month
period preceding April 1996, along with those of its affiliates as that relaitioaship is
defined in PURA95 §3,2532(h), did,not exceed six perccnt of the total Texas switched
access minutes for that period.
Qualrficatiarr:
14. ACS-Fart Worth and ACS-E1 Paso are well qualified to provide the services for
which they request certification. Their officers and directory, as well as their parent
ACSI, have extensive experience in the teleconutrunications industry with corapanies
such as Metropolitan Fiber Systems, TRT Communications, MCI Telecommunications
Corporation, Cable and Wireless, Inc. and WorldCom, Inc_
08i09i'2000 14:23 FAX _ [x]006
Jul--22-96 12 : 23P W_ Scott HcCo l l ough, P_C_ 512 - 479.a463 P- 06
PUC DOCKET MOS. 15594 mild (5596 ORDER PACE 5
SOI►11 t)UCKET N()S. 473-96-0651 and 473-96-0654
15. ACSI's subsidiaries are constructing and operating digital fiber optic networks
and offering many of the sage telecommunications services in ether states as are
described in these applications.
16. Neither of the Applicants currently holds a certificate of operating authority or
certificate of convenience and necessity within the territories affected by the applications.
17. Neither of the Applicants is a municipality, nor will either enable a municipality
or municipal electric system to offer for sale to the public, directly or it7dirr,.cNy, local
exchange telephone service, basic local telecommunications service, switched access
service or any non-switched telecommunications service used to provide connections
between customers' premises within an exchange or between a customer's premises and a
long-distance provider serving the exchange.
18. The Applicants have the requisite financial qualifications to provide services
undcr an SPCOA within the State,
19. The Applicants have the requisite technical qualifications to provide services
under an SPCOA --ithin the State.
20. The quality of service standards at P.U.C. SUBST. R. 23.61 are applicable to
incumbent local exchange companies as dominant carriers, but are not directly applicable
to SPCOAs. Incumbent local exchange companies are required to meet the quality of
service standards of P.U,C. SUBST. R. 23,61 as to any services provided to their
customers. including the Applicants. ApprnYal of the SPCOA applications, however.
does not expand the scope of the underlying local exchange companies' quality of service
obligations co their own eu5tornsrs, such as the local service resellers. In the resale
context, the incumbent local exchange companics' service quality obligations apply only
to the Applicants and not to the Applicants' customcrs.
21. The SPCOA applications provide the mens by which service quality standards
may be made applic:a.blc to an SPCOA applicant. The SPCOA application contains a
quality of service questionnaire in which the Applicants are required to state their
08/09)2000^ 14:23 FAX
Z007
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PUC DOCKET NOS. 15594 and 1.4596 ORDER PAGE 6
50AI11 DOCKET NOS.473-9&0h1gJ and 47J-96-06$6
willingness to meet benchmark quality of service standards drawn from P.U,C. SUBST.
R. 23.61, but the Applicants are permitted to rely on (lie underlying carrier to meet those
standards. The Applicants have committed to meet the bcnclunark service quality
standards set forth in the Service Quality Questionnaire for SPCOA_applieants.
22 The Applicants have applied for any municipal franchises, permits, or consents
requited for the types of services and facilities for which they are seeking an SPCOA.
23. The Commission has not determined the Applicants' need for municipal
franchi5zs. --Orlsene, or perrZits,
Qanclugians of 1' aw
1. The Commission has jurisdiction over these applications under PURA95 §§3.051
and 3.2532(a),
2. SOMI has jurisdiction over all mattcrs relating to this proceeding, including the
preparation of a PFD with findings of fact and conclu5tons of law, pursuant to TEX,
GOVT. CODE ANN. §2003.047 and PURA95 §1.101(e).
3. The notice provided in these proceedings ww; adequate pursuant to the
requirements of PURA95 §3.2531(b) and P.U.C. PROC_R. 22.54.
4. with the sale of AT&T Capital. there is no issue as to whether there is an affiliate
relationship as defined in PURA95 §3.2532(h) between ACS-Fort Worth or ACS-Fl Paso
and AT&T.
5. Based on Findings of Fact Nos. 12 and 13, and Conclusion of Law No. 4, ACS-
Fort Worth and ACS-EI Paso meet the eligibility criteria specifiod in PURA95
§3.2532(b) for SPCOAs.
6. Neither of the Applicants is precluded by PURA95 §§3.251(d) or 3.2532(d) or(o),
from providing service under an SPCOA_
GY rZIA
u T-22-96 12 : 23P W- 5c0--z Mcco l l ough , P_C . 512 .479.8483 P_❑ti
PUC DOCKET NOS. M94i and 15596 ORDER PAGE 7
SOAH DOCKET t\U5. 473-96-4654 and 473.96-065-6
7. AC$-Port Worth and ACS-EL Paso are entitled to approval of their applications
for an SPCOA within Texas, having demonstrated the financial and technical
qualifications to provide the proposed services and the ability to provide the necessary
quality of service to their customers, as required under PURA95 §3.2532(x) and (b).
S. The Commission does not, as a result of the entry of an order granting these two
applications, impose any additional or different service quality obligations on the
incumbent local exchange companies that provide service to resellers.
.9. The ;wo SPCOA applic;tions comply with PURA95 §3.2555!r).
10. PURA95 §3.2555 does not grant the Commission jurisdiction or authority to
determine the necessity of a franchise between a municipality and an SPCOA holder.
11, Based on the findings of fact and conclusions of law, Applicants arc eligible to
receive an SPCOA.
Ill.
Ordering Paragraphs
The Commission issues the following Orders:
1. The applications of American Communications Services of Fort
Worth, Inc. (ACS-Fort Worth) and American Communications Services of
1=1 Paso, Inc. (ACS-EI Paso) for scrvice provider certificates of operating
authority (SPCOAs) arc hereby granred. ACS-Fort Worth is granted
SPCOA No. 60034 for the territory described in its application_ ACS-El
Paso is granted SPCOA No. 60035 for the territory described in its
application.
2. The Applicants have committed to and arc bound by the quality of
service requirements set forth in the Quality of Service Questionnaire,
08/09/2000 14_:24 FAX
Z009
)»T-22-96 12=23P W- Scott M=Collough , P- C, S12 - a79-8483 P_09
PUC DOCKET NOS. 15594 and 13596 nRDER PAGE 8
SOAit DU+CKE'r NU,. 473-96-0654 ■nd 473-96-06S6
Attachment 12 to their applications. The underlying incumbent local
exchange carriers (LECs) continue to be bound by the quality of service
requirements found at P.U.C. SUBST- R. 23.61, Approval of the SPCOA
applications does not expand the scope of the underlying Ll:Cs'
obligations to their o*-n customers.
3. All other motions, requests for entry of specific findings of fact and
conclusions of law, and any other requests for general or specific relief, if
not expressly granted heroin, arc hereby denied for want of merit.
SIGNED AT AUSTIN, TEXAS the day of July 1996.
PUBLIC UTILITY COMMISSION OF TEXAS
ROBERT W- GEE, COMMISSIONFR
DY W,a H , COMNiISSIONER
A EST_
PAULA MUELLER
SECRETARY OF TM COMMISSION
08/09%2000 14:24 FAX Z010
JL-10-00 MON 10:53 AM McCOLLOUGH ASSC FAX:5124857921 PAGE 2
,I
j jl I A �t.j
— — t:
a -`--'-- --- - --
I PUBLIC L`MITY COMMISSION4
f ONsr)Llf) %TED 01� 'DER §-
§p+ OF TEXAS
§
• 1 V • _' I qo�58
DOCI+ET NO- 18810 Applicatioa of Guadalupe-Blanco • River Aurhorfoy for
Reconciliation of Costs of the Canyon Hydroelectric Division
for Fiscal Years 1996 and 1997
DOCKET NO. 19181 Application of Lower Colorado River Authority to Anseed
Certifrcaled Service Area Boundaries wilhin Guadalupe
Counry and the Ciry of Seguin
DOCKET\O. 19154 Joint Application of United Telephone Company of Texas,
Inc-, &Va Sprint, and CemtrAl Telephone Company of Texas,
d/b/a Sprint, and Bvy-Tel Commanicadons, Ina,for Approval
of Interconnection Agreement Crider PURA and the
Telecommunications Act of 1996
DOCKET 1'O, 19185 Joint Application of United Telephone Company of Texas,
Inc, d/b/a Sprint, aad Central Tdephone Company of Texas,
d/b!a Sprint, and 360 Communkalions Company far Approval
of Interconnection Agreement Under PURA arad the
Telecommunications Act of 1996
DOCKET NO. 19194 Joint Application of Southwestern Belt Telephone Company
and Frontier local Services, Inc, for Approval of
In.rerconnection Agreement Under PURA and the
Telecormrtanicationa Act of 1996
DOCKET NO. 19206 Application of CoSe>y, LLC, for a Service Provider
CeFrificale of OpermrtingAuthariry
OCKET?�C►, 19Z� Application of American Commurrkwion Services of Fort
Worth, Inc, et al, for Atrtendmrencs to Service Provider
Certificates of Operaa'jrg Aurhorky
DOCKET NO. 19277 Application of Trans,Vational Telecormrmtunications, Ina,for a
Service Provider Certificate of Operatitrg Authority
DOCKET'NO. 19278 Application of MVSoruthwesr, Inc,for an Amendment to its
Service Provider Certificate of Operating Au fhority
DOC-KET NO. 19340 Application of ►lalriTechnolom; Services, LP., for an
Amendment to les Service Provider Certfcaze of Operatixg
Authority
08/087/2000 14:25 FAX Z011
PAGE 3
M-10-00 MON 10:53 AM McCOLLOUGH ASSC FAX:5124857921
1 PAGE 2
�.V:��vLaLH L.0 UKDER
DOCKET N O. 19342 Application of US. ORLine Communications, LLC, for an
Amendment to lis Service Provider Cerr�flcate of Operating
Authnpin,
DOCKET NO. 19353 :application of Discount Calling, Inc.,for a Service Provider
Certificate of OperatingAuthority
CONSOLIDATED ORDER
The Commission adopts the attached findings of fact and conclusions of law and issues the
orders set out therein.
SIGNED AT AUSTU4,TEXAS on the day of 1998.
PLBLVI iTt' COKMMSION OF TEXAS
/Yyti.�it,
PAT W T
D,IIII,CRAMMAN
.IUD ALSH, (D- SSIONER
08/0872000 19:25 FAX (0012
UL-10-OD MON 10:53 Mf McCOLLNUH ASSC FAX:5124857921 PAGE 4
DOCKET NO. 19258
APPL1CATlr)N OF AMERICAN z
1k Pt'BLiC t'T1LiTl' C0MM155IC}t
CONINIfNICATiON SERVICES OF FORT §
WORTH,INC.ET.,aL. FOR ANMENDMENTS § OF TEXAS
TO SERN'iCE PROVIDER CERTIFICATES OF
OPFR-%TttiC; A TFIORITY
ORDER
This Otder grants American Communication Services of Fort Worth,Inc.,er. al, amendments to Service
Provider Certificates of Operating Authority(SPCOA) Nos. 60029, 60039, 60030, 60034, 60035 and 60(05
changing the name of the holders ro cespire. This docket was processed in accordance with applicable s'ratutes and
Commission toles_The Commission provided notice of the application to interested parries. No protests,,motions
to intervene_or requests for hearing were filed, The Applicant and the Commission's General Counsel are the
,lnl% parties to tht proceeding, General Counsel and Staff recommend approvat of the application,as amended.
The application.as amended. is hereby approtied.
•I.Findings of Fact
Procedural Htslorp
1. On April 39. 1998. American Communications Services of Fort Worth, inc., ACS1 Advanced
Technologies.Inc., American Communications Seniees of Amarillo.Inc., ACSI Local Switched Services,Inc.,
American Communication Services of EI Paso, Inc., and American Communications Services of Irving, Inc.,
(the applicants) filed with the Public Utility- Commission of Texas (Commission) applications to chance the
names of theholders of Service Provider Certificates of Operating Aurhority(SPCOA)No. 60028,60029,60030,
6003-t.600-'5.and 60105 An amendment to the 3pplicarions teas tiled on June 1:. 1998.
On May 5. 1993, the applications were suspended pending comments and a recommendation on
administrarive processing from the Commission's General Counsel,
Grmted in 4pplioation of:lmerKaA Carnorwkon m Strrlera al Fort R vfh,Inc..for a$mice Pi vrh*s-Cernficvre oJOprnutng.{urhorlry.
P,L',C,80-L_tlocktt No. 15594(July 18.1996)(—rN pubfl5bad).',4 pllcadon of.{CSr AA-amcrd Trchrmlogks.hoc_for or Service Pr"We
Crrrijrcay Of QPY1Jnng .alunorh . P.L=.C. IKLL , DockCC �o. IS616 (June 10. laOAi (not yes ouLU6ed1: .4pyliearia.1 grAmcm—
r.r-.-x_ta,tam:�Y;7r.{.,c,tUa rne_roe a ar►c�_P•aynie-: ji.s:r�lOpwrJr:ng.{.rhes:n P l C 3C-L L._Do.4ct Nu 1;;;'I dere
i0. Iy4i.nor;ct publt3hed);.{yptiearton of,a C5!tacol Swirchdf Se^rKxi Inc ,!or s st"fre Prortder(err;r'eaa of Optrarrrtg.iwharrry'. Da L'et
, 1 7316 th!) :1. of.drtrtrttan CamorouuWno'T Services of D Pua. 1wG_for a Server PAO'der Can:fimie of Ope'a+rng
.4wharrn" `P UC.BULL._Dockcs No. 13596(Jot) IES (s76i(not sec pubiijkK4p: and.tppl,eo(ron pf airttrfean Co,nr Vnkatrpi Servicer or
1-3.Inc.ler--i$,i.-v,ee P.a+rider Cerrrfirarr of Gperary ZA.JL av!P L.0 BULL. 1559;Ount 10.19%)(nmYc%publ4hed).
08/09/2000 14: 26 FAX _ Z014
JL-10-00 MON 10:54 AM McCOLLOUGH ASSC FM 5124857921
PAGE 6
DOCKET NO, 19258 ORDER PAGE 3 OF 4
I:, The Teas Comptroller's Office reported that the Applicants and e;spire are in compliant: with 11;
rule; and t;tanaes.
lafgrneal Dispuslrlu'rr
13. More than 30 days have passed since completion of the notice provided in this docket.
14. No protest;, motions to intervene, or requests for hearing hale been tiled. No issues of tact or IaLL- are
disputed by any party. No hearing is necessary.
II. Conclusions of Law
1. The Applicants are telecommunications providers as defined in § 51.003(10) of the Public Ctilit%
Reoulatory .act. TEX. C'T1L. CODE ANN. §3 11,001 - 63.063 (Vernon 1998) (PURA).
?. The Commission has jurisdiction and authority over the application pursuant to §§ 54.154(a) and
54.155 of PURA,
3. The application complies with the requirements of P.U.C. SUBST. R. 23.38(gx3).
4. The Commission provided notice of the application io compliance with § 54.005(a)of PURA.
5. This application does not consdefined constitute a major rate proceedia�a3 dened by P_U.C. PR OC. R. 2-2.2-
M.Orderiag Paragraphs
[n accordance with these findings of fact and conclusions of law. the Commission issues the following
Order:
I, The application of American Cemmuni:3tions Services of Fort Wonh. Inc.. et. al. to
amend service provider certifrcatas of operating authority (SPCO.A) Nos. 60038. 60039.
60030, 60034, 60035, and 60105 are approved consistent with the restrictions specified
in this Order. SPCOA Nos. 60038. 60029, 60030, 60031, 60035, and 60105 are
amend4d to reflect a name change to c*spire.
08/09-/2000 14: 26 FAX 2015
7L-10-00 MON 10:54 AM McCOLLOUGH ASSC FAX:5124857921 PAGE 7
ORDER PAGE 4 OF A
'_. Thr resulting SPCOA holder (e•spire) shall file an application or notice to actually or
zfftcti%el% z�ln;olidate the si.x SPCOas into one - ithin 90 da%s From the granting of this
application.
3. The Applicant shall file any future changes in address, contact representative and/or
telephone numbers in Project No. 101221. . odr-cadoir of ChartgC.s in Adefress, C"I,rtact
Representative, and/or Telephone Numbers, Pursuzint io P.U.C. SUBST, X 23.61.
4. All previous conditions, terms, and restrictions of SPCOA Bios, 60028, 60029, 600aG,
60034, 60035, and,60WS continue to apply except for this name change.
S. All other motions. requests for emrn, of speci fic findings of tact and conclusions of lay., and
any other requests for general or specific relief. if not expressly granted herein, are hereby
denied for want of merit_
q:4-shazs�doekenord-.ptup�(4258po_dx
os/o9,4.2000 14: 27 FAX LO 016
PAGE 3
JL-706-40 THU 01 :45 PM McCOLLOUGH AFaz No 912
FAX
zbs4857921 12-04-99 11 ;3eq P"e2-
fRON= PUC LfiBgL
Pub0c Utility Commission offetas
Memorandum .CP
TO: Office of Policy Development
FROM: Martin Wit,.,,
Assistant General Counsel
DATE; Decernber 4, 1998
RE: Docket No. 19253; Application of American Communication Services'of Fort
Worth, Inc., el al.for Amendments to Service Provider CerdfrcQYes of
Operating Authority
On July 9, 1998. the Commission issued a.n Order in this docket granting the
applicant's request to change the names of the holds rs of Service Provider Certificates of
Operating Authority ("SPCOAs") No.. 60028, 6029, 60030,60034,60035, and 60105 to
e*spire. Ordering Paragraph No. 2 of that Order required a*spire to. "file an application or
notice to actually or effectively consolidate the six SPCOAs into one."
On October 6, 1998, a*spire filed a Nodce I Surrender and Retention of Seryfre
Provider Cert cares of Operating Authority("Notice'�998-jVodce
;).
ORA contends that the applicant's October 6, is sufficient to comply with
Ordering Paragaph No. 2 of the Commission's July 9,11998 Order. Fay surzendering SPCOAs
No_ 60028, 60029, 60030, 60034, and 60035, a*s'lur' a has "effectively" consolidated its
SPCOA operations under its remaining certificate, !No, 60105, As represented in the
applicant's October 6, 1999 Notice, SFCOA.N7o. 6015 "will be the single certificate under
which a"spire and its subsidiaries prow de switched local exchange service in Texas."
I
I •
I
City of Fort Worth, Texas
"vigor and Council communication
DATE REFERENCE NUMBER LOG NAME PAGE
7/25/00 **C-18155 1 02AMERICAN 1 of 1
SUBJECT PUBLIC RIGHT-OF-WAY USE AGREEMENT WITH AMERICAN COMMUNICATION
SERVICE OF FORT WORTH, INC. D/B/A E.SPIRE COMMUNICATIONS, INC.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Public Right-of-Way Use
Agreement with American Communication Service of Fort Worth, Inc. d/b/a e.spire Communications,
Inc.
DISCUSSION:
As of September 1, 1999, any provider of local telephone services (Provider) who receives one of three
types of certificates from the Texas Public Utility Commission (PUC) has the statutory right to use the
City of Fort Worth's public rights-of-way. The City does not have the authority to require a franchise for that
use or to impose requirements on the Provider except those that are directly related to the municipality's
management of the public right-of-way for the benefit of the public health, safety, and welfare. The
PUC has established levels of compensation that are payable by each Provider to the City.
The City has traditionally managed the use of public rights-of-way by public utilities through the terms and
provisions of its franchises. Because the City now cannot govern Providers of local telephone services
in that manner, City staff is drafting a comprehensive Public Right-of-Way Use Ordinance. Until the City
Council adopts such an Ordinance, the City needs to have an interim instrument to govern the use of the
public rights-of-way by these Providers. This Public Right-of-Way Use Agreement will fulfill that need.
The Agreement sets forth essentially the same terms and conditions related to the City's management
of the public rights-of-way as those 'historically contained in the City's franchise agreements. The
Agreement will become effective on the date of its execution and terminate on the date that a
comprehensive Public Right-of-Way Use Ordinance becomes effective. American Communication
Service of Fort Worth, Inc. d/b/a e.spire Communications, Inc. will pay the City a quarterly fee
calculated monthly and based on (1) $1.09 for each residential access line that it has in the public
rights-of-way and (2) $3.52 for each non-residential access line that it has in the public rights-of-way.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue Office will be responsible for the collection and deposit
of funds due the City under this agreement.
CB:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511
GG01 421342 0134010 APPROVED Originating Department Head: CITY COUNCIL
Charles Boswell 8511 (from) JUL 2`5 7000
Additional Information Contact: / &.
City of Fo�Worm Texa
Danny Reed 6145 �