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HomeMy WebLinkAboutMINUTES - 12192006 - SD.6 S D-h THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA SD.6 December 19, 2006 Adopted this Order on December 19, 2006 by the following vote: AYES: Supervisors Uilkema, Piepho, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None VACANT: District IV RELISTED to January 16, 2007, consideration to accept report from the County Administrator's Office on AT&T's Project Lightspeed, an upgrade of AT&T's infrastructure in County right-of-way that would allow them to provide a variety of services including video Internet Protocol. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTEDLMembler 1,1 Zc John Cullen,Clerk of the Board of Supervisors and County Administrator By � Deputy CONTRA TO: BOARD OF SUPERVISORS COSTA . FROM: John Cu Ilen, County Administrator COUNTY `a V J�.C6UK'f� DATE: December 19, 2006 DSUBJECT: Report on AT&T Project Llghtspeed (p SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ACCEPT the report from the County Administrator's Office on AT&T's Project Lightspeed, an upgrade of AT&T's infrastructure in County rights-of-way that would allow them to provide a variety of services including video using Internet Protocol (IP). FISCAL IMPACT: Comcast might consider withholding the upfront PEG contribution of $1.2 million dollars . BACKGROUND: On September 29, 2006, the Governor signed into law the Digital Infrastructure and Video Competition Act of 2006 (AB 2987), which becomes effective.January 1, 2007. The law establishes a statewide franchising procedure for video service providers to be administered by the California Public Utilities Commission (CPUC). Currently local governments hold sole franchising authority. AT&T plans to upgrade its infrastructure in County rights-of-way to allow it to provide a variety of services including video using Internet Protocol ("Project Lightspeed"). AT&T currently does not have a franchise to provide video service in.the County but may apply for a state franchise under the Digital Infrastructure and Video Competition Act in January 2007. If AT&T applies for a state franchise in January and its application is approved, it could receive a state franchise by April 2007. Cable Operators with current local franchises in California, such as Comcast, are not eligible to apply for a state franchise until 2008 and then only if there is another state franchise in their service territory. CONTINUED ON ATTACHMENT: —YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 1F-a' P1 2-4,T6 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc:CAO Director,Office of Communications and Media County Counsel BY ,DEPUTY AT&T is anxious to provide upgraded service in the unincorporated area around Alamo, as they have agreements to provide video services to San Ramon and Danville. Since AT&T currently does not have a cable franchise with the County and will not have a state franchise until April, 2007 at the earliest, AT&T representatives have proposed a "GAP" agreement with the County until they obtain a state franchise. The terms of this proposed enter into an agreement are similar to those which would be in the state franchise, but less stringent than the terms in the current Comcast Franchise. If the County enters into a "GAP" agreement with AT&T, Comcast might assert that this will impact the parties' rights and obligations under the Comcast Cable Franchise Agreement. That agreement states that if the County grants another provider of video services a "franchise or similar lawful authorization that contains material terms or conditions which are substantially more favorable or less burdensome..." the County agrees to amend the Comcast franchise. Some of the provisions that could be affected include: 1) Build out requirements. Build out requirements are more stringent in the Comcast Agreement than the State requirements. Comcast has to build to all homes in its franchise area. AT&T is never required to serve the whole area; 2) Local emergency alert. Local emergency alert override capabilities are required for the term of the 15 year agreement with Comcast unlike the State franchise which only requires a two year provision; and 3.) Upfront PEG payment. Comcast might consider withholding the upfront PEG contribution of $1.2 million dollars. This could reduce the ability of unincorporated residents and the County to provide public, education and government access. These and other differences could significantly reduce the benefits currently provided to County residents through the Comcast Agreement, while only shortening the time frame for AT&T by a few months, at best. Consequently, staff advises against entering into negotiations on a "GAP" agreement with AT&T. With regard to the CEQA process, Community Development has determined that Project Lightspeed is subject to the CEQA process and is waiting for maps from AT&T to determine the projects impact. Two weeks ago Staff met with AT&T to discuss the scope of the project to determine if there was a way to move the permitting process forward while awaiting AT&T's procurement of a state video franchise. Public Works is reviewing permit language and permit conditions of other jurisdictions and will meet with AT&T to present them a draft of County permit conditions. Patricia Burke, Director of Office of Communications and Media, and County Counsel will be available at the meeting to answer questions.