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HomeMy WebLinkAbout1996-047-04/16/1996-LEGISLATIVE POLICY AGENDA TELECOMMUNICATIONS POLICY RESOLUTION 96-47 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING A TELECOMMUNICATIONS POLICY FOR THE CITY OF FORT COLLINS WHEREAS,the current telecommunications environment is characterized by unprecedented technological and regulatory changes which present new opportunities for local governments and their communities, as well as new challenges and impacts; and WHEREAS, during the past several years the City Council has recognized the need for increased attention and coordinated planning with regard to telecommunications; and WHEREAS, in 1993 the Council adopted a Public Access Policy with the objective of creating usable and sustainable electronic community resources, which policy was updated by Council in 1995; and WHEREAS, in its 1996 Legislative Policy Agenda, the Council identified telecomn unications as an important issue to the City; and WHEREAS, in mid-1995, at Council's direction, City staff began development of a comprehensive telecommunication policy that would address the City's roles and objectives as a telecommunications user, service provider, regulator and consumer advocate; and WHEREAS, in developing such policy, City staff followed a process that involved input from the public, the Telecommunications Board, the Council Public Access Committee, a telecommunications consultant, and interested community organizations; and WHEREAS, out of this process came the development of the Telccommunications Policy which is attached hereto as Exhibit "A" and incorporated herein by this reference ("the Telecommunications Policy"); and WHEREAS, the Council has reviewed the Telecommunications Poky and has determined that its adoption is in the best interests of the City and necessary for the health, safety and general welfare of the public. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the policy statements contained in the Telecommunications Policy are in the best interest of the City and necessary for the health, safety and general welfare of the public. Section 2. That the Council of the City of Fort Collins hereby adopts the Telecommunications Policy. Passed and adopted at a regular meeting of the City Council held this 16th day of April,A.D. 1996. ayor ATTEST: City Clerk '1 EXHIBIT A TELECOMMUNICATIONS POLICY City of Fort Collins Executive Summary The development of the global information infrastructure,or the"information superhighway, is the technology revolution of our time. Telecommunications is one of the primary technologies driving this revolution. The potential benefits of this technology revolution are great,but the City of Fort Collins (the"City") is in global competition for telecommunications resources. Therefore,the City must proactively encourage building of telecommunications facilities in the community and promote service choices at the lowest possible cost. While it is too early to fully gauge the effects of technological and regulatory changes occurring in the telecommunications industry, the City must start planning now to anticipate and manage local impacts. The City should expect, and therefore plan,to play a greater and more varied role in promoting and providing telecommunications facilities and services for the community. Consequently,the following policy statements have been developed to help shape the community's vision and the City's role as a telecommunications promoter, provider, regulator,user and consumer advocate on the information superhighway. 1. Public Access to Information Full and productive participation in the life of the Fort Collins community will increasingly depend on access to broad and diverse information. Telecommunications technology can be used to increase public access to City and community services and information. Policy Statement: The City supports public access to municipal and community information in order to promote citizen involvement in the community and local government. Greater public access to broad and diverse information will promote deliberative democracy and will enhance public policy development. 2. Privacy and Security There is a fundamental need to ensure the privacy and security of personal information for those who use the local information infrastructure as part of the National Information Infrastructure (NII). This includes the protection of personal and other confidential information transmitted and stored in the course of conducting City business. Electronic information should have the same protection under the law as other forms of information. City of Fort Collins 1 April 4, 1996 Telecommunications Policy Policy Statement: The City supports legislation that protects the individual right to privacy and the right of access to public records for citizens using the information infrastructure. 3. Universal Access to Telecommunications Services Universal access helps ensure that the telecommunications industry doesn't abandon non- lucrative markets in the rush to develop lucrative ones,thereby creating a system of information"haves and have-nots." Policy Statement: The City supports and advocates universal access to telecommunications services by all citizens, as well as by the commercial, educational and governmental sectors. 4.Expand Telecommunications Service Opportunities in Fort Collins The availability of telecommunications networks will likely increasingly contribute to the vitality and economic development of communities. Policy Statement: The City wishes to promote expansion of telecommunications service opportunities in Fort Collins. 5. The City's Regulatory Role Telecommunications services will be delivered locally and the nature and scope of these services will differ from community to community. Therefore, local communities should maintain local management and control concerning the provision of telecommunications services. Policy Statement: The City supports efforts to establish an open marketplace for telecommunications services in a competitively neutral environment. An integral component of this open marketplace is the appropriate application of regulations to functionally equivalent telecommunications services as permitted by law. Therefore, the City strongly supports the preservation of local authority in relation to matters of local impact, including: Establishing zoning requirements and siting standards for above ground telecommunications transceiver structures such as antenna towers and satellite dishes; adhering to construction standards,permitting, scheduling, and cost recovery; adhering to customer service standards that are not otherwise provided for at the federal or state levels; mitigating negative impact on local infrastructures (such as streets) and cost recovery; enabling City use of telecommunications resources (local PEG access, institutional networks); managing methods offacilities installation (pedestals, overhead, underground), and collecting sales tax revenue as permitted by law from merchandise purchases made via electronic media. City of Fort Collins 2 April 4, 1996 Telecommunications Policy 6. Compensation for Use of ROW i2y Telecommunications Service Pro era In order to ensure that the public is adequately compensated for use of its property, all users of the ROW, including telecommunications service providers, should pay fair and reasonable fees. Policy Statement: There is a real monetary value associated with the use ofpublic assets. The use ofpublic streets and other ROW for the installation of telecommunications facilities to engage in private,for profit enterprise demands a fair payment for the use ofpublic assets as permitted by law. The City supports application of fair and reasonable fees in a competitively neutral and nondiscriminatory manner for all users of the ROW, including telecommunications service providers. Such fees should fully recover the City's direct and indirect costs related to the use of the ROW, such as street maintenance and replacement, and they should compensate the City for the fair value of the property interest that is being provided. 7. Fort Collins as a 11ser and Provider of Telecommunications Servicec The City has the opportunity to improve both its internal operations and services to the community by using telecommunications technology. Municipalities which own and operate electric utilities, such as Fort Collins,are in an advantageous position to construct its own telecommunications facilities. Policy Statement: The City recognizes that telecommunications resources have considerable value. The City should help safeguard citizens against market inequities by maximizing their ability to utilize and facilitate access to telecommunications resources. In order to provide the best possible government and educational services, the City will continue to enhance and advance its own internal use of telecommunications. Such enhancement and advancement may be accomplished through activities of the Fort Collins Electric Utility. City of Fort Collins 3 April 4, 1996 Telecommunications Policy Glossary of Telecommunications Terms Below is a glossary of common telecommunications terms used in this document. Bandwidth The range between the lowest and highest frequencies of a channel. The greater the bandwidth,the more information per unit of time can be transmitted. Broadband A communications channel having a bandwidth broader than that of a voice-grade channel (such as a normal telephone line),thereby providing high-speed transmission capability. Common Carrier An organization in the business of providing communications services to the general public,which is subject to regulation by the appropriate state and federal agencies. Fiber optics Hair thin filaments of transparent glass or plastic that use light instead of electricity to transmit voice, video,or data signals. Internet An expansive network made up of thousands of interconnected networks worldwide. Local Area Network A configuration of telecommunications facilities designed to provide internal communications within a limited area(as in a building). National Information Infrastructure (NII) The proposal by the Clinton/Gore administration to provide universal high-bandwidth telecommunications throughout the U.S.. Also, another name for the Information Superhighway. Personal Communications Services (PCS) A new, lower powered, higher frequency (and probably less expensive) form of cellular communications. Public,Educational,and Government(PEG) A cable TV term to denote the local public access channel(s). In the context of this document,the educational sector includes institutions of higher learning as well as grades kindergarten through 12. Rights-of-Way (ROW) All present and future streets, avenues,highways,alleys, bridges and public ways of the City within City limits. City of Fort Collins 4 April 4, 1996 Telecommunications Policy Telecommunications The transmission,reception and switching of signals, such as electrical or optical,over a distance by wire,fiber optics, or electromagnetic(i.e., through-the-air)means. Telecommunications Facilities The plant, works, systems, etc. used by a telecommunications provider such as poles, wires, fixtures, underground circuits and conduit for the transmission and distribution of telecommunication service. Telecommuting The process of commuting to the office through a communications link rather than transferring one's physical presence. In short,working at home on a computer, a modem and maybe a facsimile machine, rather than going into the office. City of Fort Collins 5 April 4, 1996 Telecommunications Policy Telecommunications Policy This document represents the collective knowledge,experience, and direction of the Fort Collins City Council, local citizens,businesses,and City staff members, as well as valuable input from other local public jurisdictions. In addition to policy statements,this report also contains action steps and roles that we believe are necessary to implement the policies. A full description of the action steps to implement the policies can be found in Appendix A of this document. Fort Collins should use these policies to guide its discussions and decisions concerning the City's internal and external telecommunications environment. A.Background 1. Changing Nature of Telecommunications Environment The current telecommunications environment is characterized by unprecedented technological and regulatory changes. These changes present new opportunities for local governments and their communities,as well as new challenges and impacts. The telecommunications industry is quickly developing new technologies to support a host of new services. High speed/high capacity networks, commonly referred to as broadband networks, are now capable of integrating voice, data, and video services along a single"pipeline." Wireless technologies and services are also rapidly expanding. Development of these new technologies, coupled with deregulation of the telecommunications industry at both the state and national level, is leading to an "unbundling"of services within the telecommunications industry. Existing providers will expand their service offerings and more companies will compete in the marketplace to provide services. It is expected that there will be many more choices for customers, and a greater number of niche or specialty markets emerging. Over the past two decades, most large public and private organizations have built data networks linking their computers. Furthermore, many mid-sized and larger cities are using Local Area Networks (LAN's)and Wide Area Networks (WAN's)to provide access to central information systems and to link computers for electronic mail. The Internet(in conjunction with the World Wide Web), which began modestly as a government-sponsored research project,has become a vast network linking commercial, government,and academic networks. The developing NII points to the next logical step: seamless data networking that reaches every home and office in the nation. Planned upgrades to telephone and cable networks by the telecommunications industry have the City of Fort Collins 6 April 4, 1996 Telecommunications Policy potential of building a nation of"electronic city streets" linking homes, schools, libraries, hospitals and small businesses to this ever-growing information superhighway. Thirty years ago,development of interstate highways and interchanges helped many communities to prosper. However,those communities that didn't prepare for this change stagnated on the"back roads." Parallels can now be drawn to today's expansion of the information superhighway. For communities like Fort Collins that prepare and are proactive,the information superhighway will help streamline operations of municipal government,improve delivery of services to citizens and businesses, reduce traffic congestion and air pollution,bring new educational opportunities to schools,and help local businesses compete in a global marketplace. 2. Federal and State Telecommunications Policy Initiatives The Clinton Administration,under the direction of Vice President Gore,has stated its intent to leverage advances in telecommunications and information technology to improve the nation's economy, government, educational and health care delivery systems. This Federal initiative is embodied in the report"Connecting the Nation: Classrooms, Libraries, and Health Care Organizations in the Information Age." In order to achieve the stated objectives,the Administration is promoting the development of the NII. The NII, according to its advocates,will be an integrated broadband, interactive telecommunications and information network linking the nation's businesses, residences, schools, health care facilities, and other public information and social service providers. The Administration articulated the following principles,which form the basis of its agenda for telecommunications legislative reform: • Encourage competition and private investment in telecommunications by removing unnecessary regulatory barriers to participation in the marketplace. For example,the Administration proposed and legislation now mandates that cable companies and others be allowed to provide local telephone service; • Provide open access to communication networks for consumers and service providers. For example, new legislation requires all local telephone companies,upon reasonable request,to interconnect their networks with the facilities of competing providers on just,reasonable, and nondiscriminatory terms. • Avoid creating information"haves"and"have nots"by preserving and advancing universal access to telecommunications services for all citizens at affordable prices; and City of Fort Collins 7 April 4, 1996 Telecommunications Policy • Develop a new regulatory framework that is fair and flexible by allowing the FCC to reduce regulation for telecommunications providers who lack market power. Federal legislation to reform the telecommunications industry was enacted by Congress early in 1996. While it is too early to gauge the effects of the new law, its impact on the telecommunications industry will be extensive. In addition to the changes in Federal legislation, Colorado enacted a telecommunications bill earlier in 1995. As a result of this new legislation,the local telephone exchange market will be deregulated in Colorado as of July 1, 1996. This means that other companies will be allowed to compete for plain old telephone service(or"POTS"),with US West,which has been the exclusive provider of such service in much of Colorado, including Fort Collins. The Colorado Public Utilities Commission and the State Legislature are currently working on several implementation issues for local exchange competition. As with the proposed federal legislation,municipal governments have legitimate concerns about how state implementation of telecommunications reform may diminish and limit local regulatory powers. 3. Telecommunications Policy at the Local Level The City enjoys a reputation as a leader and an innovator. During the past several years, the City Council recognized the need for increased attention and coordinated planning with regard to telecommunications. The City adopted a public access policy in 1993, with the objective of creating usable and sustainable electronic community resources. This led to several initiatives that improved public access to municipal information resources. The public access policy was updated in 1995. Underscoring the increasing importance of telecommunications to the City's well-being, City Council included development of telecommunications services and systems as part of its 1996 Legislative Policy Agenda. The current telecommunications policy initiative is an extension of these earlier efforts. Council directed staff to develop a comprehensive policy that encompasses the City's roles and objectives as a telecommunications user, service provider,regulator and consumer advocate.This integrated policy is intended to provide direction for City Council and staff for the next several years. The League of California Cities has developed the following principles that reflect the interests of cities in the development of a telecommunications policy. The City supports and adopted these principles in its 1996 Legislative Policy Agenda: City of Fort Collins 8 April 4, 1996 Telecommunications Policy • The City of Fort Collins must have certain regulatory powers over telecommunications service providers in order to protect City infrastructure,ensure open access to telecommunications services,protect the privacy of consumers of these services, and correct market inequities that may occur when the telecommunications market becomes open and competitive. • The City should receive fair compensation from all users of the ROW,including telecommunications service providers. Such compensation should cover both the City's direct costs such as street maintenance and replacement and indirect or overhead costs. Securing these revenues is particularly important if municipal franchises for cable services are eliminated due to a softening of the existing local regulatory and franchise powers, or due to judicial decrees. • The City recognizes that broadband capacity has considerable value,and that it can be used to support City operations and improve delivery of a variety of public services. The City should acquire an appropriate allocation of all telecommunications resources including, but not limited to,bandwidth on broadband networks, fiber optic facilities, and in-kind services. The City must retain adequate public radio frequency spectrum for public safety, emergency services,public works and other municipal uses. City of Fort Collins 9 April 4, 1996 Telecommunications Policy B. Policy Statements 1. Public Access to Information Telecommunications technology, along with appropriate supporting public policy,can be used to increase public access to the City, community, and global services and information. Greater public access to information provides a multitude of benefits that the City wishes to promote, including more availability and accessibility of government, improved accountability and responsiveness of government,well-informed citizenry, intellectual freedom,deliberative democracy,enhanced public policy development, and positive impacts on the environment. Policy Statement: The City supports public access to municipal and community information in order to promote citizen involvement in the community and local government. Greater public access to broad and diverse information will promote deliberative democracy and will enhance public policy development. To achieve this objective, the City will: • Continue to provide information to the community, and to enable communication among community members; • Ensure that all citizens can access services and information provided electronically by the City, meaning that at a minimum, PEG access channels and public access terminals will be provided in public institutions; • Promote development of a local information infrastructure as part of the NII; and • Support legislation that encourages information infrastructure investments in the community that enhances availability and accessibility ofgovernment without undermining local authority. Applicable Action Steps: (See Appendix A for a full description of action steps) #1. Complete a Telecommunications Strategic Plan-- as part of the strategic plan, assess existing capabilities to provide public access to municipal and community information, and develop an overall public access strategy which addresses the following: • The types of information to be made available; • Costs and reimbursement; City of Fort Collins 10 April 4, 1996 Telecommunications Policy • Information security; • Technology required; and • Roles and responsibilities for public access programs. #2. Include Information Technology/Telecommunications in City-Wide Planning--on an on-going basis, ensure that the City's public access objectives are included in City wide planning efforts such as constructing new municipal buildings,the annual budget process, etc. #3. Initiate Regional Telecommunications Planning-- include public access initiatives in regional telecommunications planning efforts. #4. Expand Role of Electric Utility in Telecommunications --investigate how the Electric Utility can help provide telecommunications facilities in the community to promote public access. #9. Impact State and Federal Telecommunications Reform Legislation--the City should continue to advocate legislative and regulatory provisions such as preservation of institutional networks and PEG channel access that help facilitate public access. 2. Privacy and Security A fundamental issue surrounding the development of the local information infrastructure is the need to ensure the individual privacy and security of its users. Electronic information should have the same protection under the law as other forms of information. Accordingly,the City should protect the privacy of personal and other confidential information transmitted and stored in the course of conducting City business. While cities may not play a primary role in enforcing laws that govern privacy,they can be active participants or advocates for their citizens in the policy debate. Policy Statement: The City supports legislation that protects the individual right to privacy and the right of access to public records for citizens using the information infrastructure. It supports the following principles that govern the issues of privacy and security for consumers of telecommunications services: • Protection of the security,privacy, and confidentiality of electronic information in accordance with provisions of the Open Records Act; City of Fort Collins 11 April 4, 1996 Telecommunications Policy • Protection and reliable identification of the "digital signature"that identifies the sender and recipient of electronic transactions and verifies the message has not been modified; • Transaction security for financial and other personal transactions; • Control over the sale or distribution ofpersonal information; and • Freedom of choice in the use of appropriate technology to ensure privacy and security. Applicable Action Steps: (See Appendix A for a full description of action steps) #1. Complete a Telecommunications Strategic Plan--as part of the strategic plan, continue to assess the current environment and ensure that the appropriate policies and technology are in place to protect the privacy and security of information transmitted and stored in the course of conducting City business. #9. Impact State and Federal Telecommunications Reform Legislation--continue to support legislation that protects the right to privacy for citizens using the information infrastructure. 3. Universal Access to Telecommunications Services One of the most important telecommunications issues is universal access to telecommunications services. In the absence of a strong commitment to universal access, market forces may drive deployment of new telecommunications services to only select areas of Fort Collins, creating competition for lucrative markets and resulting in abandonment of non-lucrative markets. This may create a system of information"haves and have-nots."Therefore, elements of universal access should be included in the City's telecommunications policy. Policy Statement: The City supports and advocates universal access to telecommunications services by all citizens, as well as by the commercial, educational and governmental sectors. Elements of universal access include but are not limited to: • Uniform connectivity and facilities coverage in all residential, business and educational locations with adequate bandwidth for modern two-way communications; City of Fort Collins 12 April 4, 1996 Telecommunications Policy • Delivery of telecommunications services to residential areas, business, education, and government; • Affordability of services, equipment and training; • Flexibility ofservice options and delivery mechanisms to reflect needs of individual communities; • Competitive choice in consumer service options; • Allocation of resources to provide universal services in a manner that is least costly to citizens; and • Ability to communicate with any individual on any network(addressable communications). Applicable Action Steps: (See Appendix A for a full description of action steps) #9. Impact State and Federal Telecommunications Reform Legislation--the City should continue to advocate for legislation and regulatory rulings that provide for universal access to telecommunications services by all citizens, as well as by the commercial, educational and governmental sectors. 4. Expand Telecommunications Service Opportunities in Fort Collins The infrastructures for the delivery of water,electricity, transportation and other services are intrinsic to the health, safety and welfare of a community. The availability of telecommunications networks and reliable services at competitive prices will also increasingly contribute to the health, safety and welfare of communities, including the economic development. For example, delivery of advanced educational and medical services such as tele-medicine is made possible by telecommunications services and networks. Networks provide a means for small companies and isolated communities to reach global markets at very low cost. Telecommuting, made possible by telecommunications networks and services, can help cities reduce traffic congestion and meet air quality mandates. The information infrastructure offers opportunities for creating new jobs in a changing economy. City of Fort Collins 13 April 4, 1996 Telecommunications Policy Policy Statement: The City wishes to promote expansion of telecommunications service opportunities in Fort Collins. To achieve this objective, the City will: • In coordination with the provisions contained in the City's Economic Development Policy, utilize telecommunications technology as a vehicle to encourage economic development and help preserve the natural environment in Fort Collins; • Support efforts at the state and federal level to establish an open, competitive marketplace for the provision oftelecommunications services without undermining local authority; • Continue to advocate for the provision of high quality telecommunications services at competitive prices; and • Continue to advocate for and participate in joint projects to share resources and develop community telecommunications assets. Applicable Action Steps: (See Appendix A for a full description of action steps) #3. Initiate Regional Telecommunications Planning--work together with other community organizations, businesses, consumers and providers to expand telecommunications service opportunities. #4. Expand Role of Electric Utility in Telecommunications--explore ways the Electric Utility can fulfill needs or niches in the market by providing telecommunications facilities and/or services. #9. Impact State and Federal Telecommunications Reform Legislation--the City should continue to support legislation at the federal and state level to establish an open, competitive marketplace for the provision of telecommunications services without undermining local authority. 5. Ci , 's Regulatory Role A potential outcome of policy initiatives by both the federal and state governments is consolidation,of regulatory authority over telecommunications facilities installation, service delivery,rates, and customer service standards at either the federal or state level. There are sound arguments for streamlining and consolidating such regulatory power,but the fact remains that telecommunications services will be delivered locally and the nature and scope of these services will differ from community to community. Therefore, City of Fort Collins 14 April 4, 1996 Telecommunications Policy communities should maintain local management and control concerning the deployment of telecommunications services. Rapid advances in technology will likely result in an expansion of wireless services such as PCS, and integration of wireless and wireline telecommunications services. Fort Collins can expect new installations and an expansion of existing infrastructure to support these services. Additionally,the City is concerned about public health issues related to radio frequency density. In order to prevent the unmanaged proliferation of above ground telecommunications transceiver structures such as antenna towers and satellite dishes,the City should adopt and enforce necessary zoning requirements. Such requirements should not unilaterally prohibit the placement of such structures,but instead should manage their location and provide specific siting standards. Fort Collins recognizes that it will likely experience repeated requests for excavations into its streets to install telecommunications facilities. This will pose health and safety problems, cause traffic disruption and have negative aesthetic impacts. Furthermore, each cut into the street reduces the life of the pavement, resulting in increased expenses for maintenance and early street replacement. Unnecessary duplication of facilities by multiple providers could result in overcrowding and further compromise the integrity of the ROW. Therefore, continued municipal management of the ROW is necessary to ensure the integrity of these critical facilities. Policy Statement: The City supports efforts to establish an open marketplace for telecommunications services in a competitively neutral environment. An integral component of this open marketplace is the appropriate application of regulations to functionally equivalent telecommunications services as permitted by law. Therefore, the City strongly supports the preservation of local authority in relation to matters of local impact, including.- Establishing zoning requirements and design regulations for above ground telecommunications transceiver structures such as antenna towers and satellite dishes. Such requirements should not unilaterally prohibit the placement of such structures, but instead should manage their location and provide specific siting standards, • Adhering to construction standards,permitting, scheduling, and cost recovery; • Adhering to customer service standards that are not otherwise provided for at the federal or state levels; City of Fort Collins 15 April 4, 1996 Telecommunications Policy • Mitigating negative impact on local infrastructure (such as streets) and developing appropriate cost recovery measures; • Enabling City uses of telecommunications resources (local PEG access, institutional networks); • Managing methods offacilities installation (pedestals, overhead, underground); • Adhering to standards such as acceptable radio frequency density in order to protect public health and safety; and • Collecting sales tax revenue as permitted by law from merchandise purchases made via electronic media. Applicable Action Steps: (See Appendix A for a full description of action steps) 45. Enhance ROW Management-- the City should review and enhance policies and procedures needed to manage the installation of new telecommunications facilities in the ROW. #6. Create New Enabling Mechanisms--the City should create new enabling mechanisms such as a Competitive Access Provider(CAP)Agreement and an Open Video System Operating Agreement to assist in managing new telecommunications providers. #7. Enhance Building and Zoning Requirements--research requirements and make any necessary changes to zoning and siting regulations as they relate to the placement of facilities to support wireless telecommunications services. #9. Impact State and Federal Telecommunications Reform Legislation--continue to advocate with state and federal legislators and regulatory entities for preservation of local authority concerning telecommunications activities. 6. Compensation for Use of ROW by Telecommunications Service Providers In order to ensure that the public is adequately compensated for use of its property,all users of the ROW, including telecommunications service providers, should pay fair and reasonable fees. Such fees should include compensation for the benefit provided to a private commercial entity by virtue of its essentially permanent occupancy of public property for the purpose of private commerce. This means that telecommunications City of Fort Collins 16 April 4, 1996 Telecommunications Policy providers should pay the City for the fair value of the property interest granted to them. In addition to compensation for use of the ROW,the City should negotiate fair and reasonable compensation for its direct and indirect costs related to the short and long- term negative impacts of installing interconnect networks for telecommunications systems. Such negative impacts include street degradation and increased maintenance costs incurred when streets are opened. Policy Statement: There is a real monetary value associated with the use ofpublic assets. The use ofpublic streets and other ROWfor the installation of telecommunications facilities to engage in private,for-profit enterprise demands a fair payment for the use ofpublic assets as permitted by law. The City supports application of fair and reasonable fees in a competitively neutral and nondiscriminatory manner for all users of the ROW, including telecommunications service providers. Such fees should fully recover the City's direct and indirect costs related to the use of the ROW, such as street maintenance and replacement, and they should compensate the City for the fair value of the property interest that is beingprovided. Applicable Action Steps: (See Appendix A for a full description of action steps) 96. Create New Enabling Mechanisms--include provisions in new enabling mechanisms that define compensation requirements for Competitive Access and Open Video System service providers that conduct business in Fort Collins. #8. Determine Compensation for Use of ROW-- develop a policy to ensure that City costs of service are recovered and the public is adequately compensated for the use of its property by telecommunications providers. #9. Impact State and Federal Telecommunications Reform Legislation-- continue to advocate with state and federal legislators and regulatory entities for preservation of local authority to determine fair and reasonable compensation for use of public property by telecommunications providers. 7. Fort Collins as a User and Provider of Telecommunications Services The City has the opportunity to improve both its internal operations and services to the community by using telecommunications. Key to making such improvements is acquiring use of telecommunications facilities with adequate capacity for modern two- way communications. The City can construct or expand its own telecommunications facilities, and/or acquire capacity on external facilities through franchise or other agreements. Acquiring such advanced communications capabilities allows the City to City of Fort Collins 17 April 4, 1996 Telecommunications Policy develop such applications as increased telecommuting,tele-training,teleconferencing, and applications for citizen outreach. Telecommunications plays a crucial role in the future of the electric utility business. In response to changes brought about by deregulation in both the telecommunications and electric utility industries,the Fort Collins Electric Utility is exploring ways to establish a stronger role in telecommunications. Such a role could include provision of telecommunications infrastructure that could enhance services to customers such as development of communication networks,development and lease of facilities to commercial telecommunications providers and others,reciprocal facilities use agreements, and other forms of strategic partnerships. By taking a stronger role in installing facilities such as subsurface wiring,the City could more effectively maintain the integrity of the ROW. Additionally, excess capacity from City-owned telecommunications facilities could be used to benefit the community. City-provided telecommunications services could also help mitigate inequities that may potentially develop in the telecommunications marketplace. For example, if the cost of installing and operating telecommunications networks results in a price structure which inhibits a segment of the population from gaining access to these networks,the City could facilitate access by creating public access systems such as information kiosks. Policy Statement: The City recognizes that telecommunications resources have considerable value. The City should help safeguard citizens against market inequities by maximizing their ability to utilize, and facilitating their ability to access telecommunications resources. In order to provide the best possible government and educational services, the City will continue to enhance and advance its own internal use of telecommunications. Such enhancement and advancement may be accomplished through activities of the Fort Collins Electric Utility. Strategies to accomplish these objectives include: • Negotiate for an appropriate allocation of all telecommunications resources to the fullest extent permitted by law, including but not limited to: bandwidth on broadband networks,fiber optic wiring, and adequate spectrum for public radio frequency for public safety, emergency services,public works, and other public use; • Install and operate City-owned telecommunications facilities such as broadband networks, and/or form partnerships to install and operate community or regional telecommunications facilities; City of Fort Collins is April 4, 1996 Telecommunications Policy • Explore and develop telecommunications-based applications to improve the internal operation of the government, and to expand and enhance services delivered to the community; and • Secure public access to telecommunications networks by way of permissible franchise and PEG access requirements. Applicable Action Steps: (See Appendix A for a full description of action steps) #1. Complete a Telecommunications Strategic Plan--the City should continue its development of a long-range strategic plan to address the telecommunications needs for the next three to five years. #2. Include Information Technology/Telecommunications in City-Wide Planning-- on an on-going basis, include information technology and telecommunications in annual City planning as a cost of doing business. #4. Expand Role of Electric Utility in Telecommunications-- investigate how the City's internal use of telecommunications can be enhanced through activities of the Electric Utility. #9. Impact State and Federal Telecommunications Reform Legislation-- continue to advocate for legislative and regulatory provisions such as in-kind services and institutional networks that serve to enhance the City's internal use of telecommunications City of Fort Collins 19 April 4, 1996 Telecommunications Policy C. Roles and Responsibilities Implementation of the City's telecommunication policy will require the partnership, cooperation, collaboration, and shared vision of several different entities. This section identifies the key roles involved in implementing the policy, and those entities with primary responsibility for carrying out these roles. 1. Policy leadership--Enact necessary ordinances and resolutions to adopt telecommunications policy. Promote the City of Fort Collins as a leadership model in the telecommunications policy area. • City Council • City Manager 2. Advisory --Provide advisory services to Council and staff in terms of legal review and requirements, regulatory insight and requirements,policy,and industry expertise relating to telecommunications. • City Attorney • Telecommunications Board • Telecommunications Consultant 3. Planning -- Identify (a)telecommunications technology needs of organization, and(b) ROW usage needs of the City. Develop strategic and operational plans and projects to address these needs. • Information and Communications Systems (ICS) Department--enterprise-wide technology planning • Electric Utility --technology infrastructure planning • All Other City Departments --technology and ROW planning to meet policy objectives 4. Guidance--provide ongoing guidance and direction in implementation of policy initiatives. Champion projects and provide necessary resources to achieve policy objectives. City of Fort Collins 20 April 4, 1996 Telecommunications Policy • City Manager • Council Public Access Committee • Executive Lead Team 5. Integrator/Convener--Take broad view of telecommunications needs of City organization and community. Form partnerships with other governmental entities, businesses, community organizations and providers to address telecommunications needs and maximize benefit to the community. • City Council • Council Public Access Committee • ICS Department • Information Management Board 6. Implementor-- Carry out specific tasks,projects and operational plans that are designed to achieve telecommunications policy and strategic initiatives. • ICS Department • Electric Utility • Other Appropriate City Departments 7. Internal Service Provider--Provide telecommunications infrastructure to support voice, data, and video-based applications for internal operations and delivery of City services to the community. • ICS Department • Electric Utility • Emergency Services • Other Appropriate City Departments City of Fort Collins 21 April 4, 1996 Telecommunications Policy 8. External Service Provider--Provide commercial telecommunications services and facilities to Fort Collins community. • US West • TCI of Fort Collins • Other telecommunications service providers City of Fort Collins 22 April 4, 1996 Telecommunications Policy D. Conclusion--Policy Updates This policy reflects the current telecommunications environment and needs of the City of Fort Collins. In view of the rapidly-changing nature of the telecommunications industry and its technology and regulation,the City's telecommunications policy should be reviewed on an annual basis and updated if appropriate. City of Fort Collins 23 April 4, 1996 Telecommunications Policy Acknowledgments The City of Fort Collins would like to acknowledge the following publications that served as valuable resources for the development of this policy document. City of Arvada, Colorado Telecommunications Policy City of San Diego, California Telecommunications Policy,as Adopted October 3, 1994 "Connecting the Nation: Classrooms Libraries and Health Care Organizations in the Information Age" ,Federal Government Report, 1995 League of California Cities Telecommunications Policy, as Adopted April, 1994 "Life in the Fast Lane• A Municipal Roadman for the Information Superhighway"by Miles Fidelman,The Center for Civic Networking, 1994 Appendix A— Action Steps to Implement Policies The City will develop a formal work plan and provide funding to implement this policy. This section details specific action steps to be included in this plan. 1. Complete a Telecommunications Strategic Plan In order to improve the efficiency of its own internal operations and provide the best possible services to the community, the City should continue to enhance and make available telecommunications facilities. Accordingly, the City should continue its development of a long-range strategic plan to address the telecommunications needs of the City for the next three to five years. This plan will become part of the City's overall information technology strategic plan. The telecommunications plan will encompass the following activities: • Continue assessing the current environment in terms of telecommunications systems, services, capabilities and current and projected needs; • Investigate existing capabilities to provide public access to government information, along with the accompanying technology, policies, and information security; • Assess the potential for expanding telecommuting by City employees, and identify the technology requirements to support this activity; • Identify needed enhancements for the current telecommunications environment. Preliminary investigation shows these areas of need to be: -Expanded access to communications networks, -Expanded internal use of video services, -Expanded use of telecommunications-based applications to improve operational efficiency and enhance service to the public, -Explore providing additional telecommunications services internally in lieu of leased telephone and data lines in order to reduce costs; and • Action plan including time lines, resources, costs and funding. 2. Include Information Technology/Telecommunications in City-Wide Planning Include information technology evolution and enhancements, including telecommunications, in annual City planning as a cost of doing business. Specifically, the City should: • Coordinate telecommunications policies with other City policies and plans, particularly in the areas of land use and transportation; and • Set specific goals and objectives for information technology funding as part of the City's annual budget process. 3. Initiate Regional Telecommunications Planning Coordinate a region-wide planning process in order to determine the telecommunications needs of the regional community. Form a local telecommunications planning committee or consortium composed of representatives from key community organizations such as Colorado State University, Poudre R-1 School District, Larimer County, Poudre Valley Hospital, City of Loveland, and businesses that are already involved in telecommunications planning. Involve consumers of telecommunications services in the planning process. Work with cable and telephone service providers to collaborate on shared goals and maximize community benefits. An initial investigation of the community telecommunications environment revealed these areas of need to be: • Greater communications speed from organizations to satellite office locations and to residences; • Alternative providers to improve the availability, cost, speed and reliability of telecommunications services; • Network connections linking key community organizations; and • Electronic classroom applications for public and private schools and institutions of higher learning. 4. Expand Role of Electric Utility in Telecommunications Municipalities such as Fort Collins, which own and operate their own electric utilities, are in an advantageous position to build their own telecommunications facilities. The City should consider the following actions with regard to the Electric Utility: • Investigate building a communications network to serve utility business needs such as load and power quality monitoring for key customers, substations and related Supervisory Control and Data Acquisition (SCADA) communications, outage monitoring, meter reading, and power load control; • If it is reasonable and justifiable, provide excess capacity on this network that can be leased, sold, or otherwise provided to meet other municipal and community needs (as an example, this network could be used to help provide community access to the Internet); • Determine feasibility and impacts of the Electric Utility providing common carrier- type of infrastructure services; and • Utilize core competencies of the Electric Utility, optimize use of the ROW and partner with other entities that can add value to the process as opportunities arise. 5. Enhance ROW Management In order to ensure the continued integrity of the ROW for use by a variety of telecommunications systems, the City should closely manage telecommunications installation and construction activities in the ROW. Specifically, the City should review and enhance policies and procedures needed to manage the installation of new telecommunications infrastructure in the ROW. The City should also develop a facilities location master plan to identify all existing facilities in the ROW. The City may choose to form a task force with representatives from appropriate City departments, with input from telecommunications providers, to develop the facilities location master plan. This plan should address the following: • Inventory and mapping of all existing City facilities in the ROW, including power lines, telecommunication lines, ducts and interducts, conduits, vaults, etc.; • Develop design and construction standards for size and placement of conduits and interducts for new construction in order to maintain integrity and avoid overcrowding of facilities located in the ROW. Encourage easily retrofitable or excess facilities that can be reconfigured or expanded without major disruption to the ROW; • Investigate the development of a managed street cut policy to reduce the wear and tear on City streets and minimize public inconvenience due to construction activities. Ensure that such a policy would not entail a universal ban on street cuts, but would rather identify conditions for City approval of street cuts, and encourage the use of trenchless boring construction methods where possible; • Investigate co-location/co-build requirements for construction of telecommunications infrastructure in the ROW in order to enhance the coordination of facilities installation by multiple providers in the ROW; • Research and develop necessary ordinances, licensing/permitting requirements, and inspection and reporting procedures; • Coordinate facilities location master plan with other City plans such as land use regulations, transportation plans, street rehabilitation/maintenance plans, etc.; and • Identify City resources and costs needed to develop and implement a facilities location master plan. 6. Create New Enabling Mechanisms The City should create the following new enabling mechanisms to assist in regulating and managing new telecommunications providers operating in the community: • A Competitive Access Provider ("CAP") Model Agreement -- A model agreement that sets forth the terms, conditions, limitations and compensation for companies providing competitive access telecommunications services within Fort Collins. A preliminary model agreement has been created. • An Open Video System Operating Agreement -- An agreement that sets forth the terms, conditions, limitations and compensation requirements for companies which provide cable-type of service and which have a status similar to that of common carriers. This agreement will be shaped largely by the terms of the new Federal legislation and subsequent regulations adopted by the FCC. 7. Enhance Building and Zoning Requirements The City could experience major problems with respect to the placement of above ground telecommunications infrastructure within City boundaries with the expected influx of new wireless telecommunications services and providers. In addition, building code requirements should be reviewed as they relate to telecommunications wiring. In response, the City should take these actions: • Form a task force to investigate any current zoning regulations, land use plans, siting regulations, ordinances, and other related policies and procedures that apply to above ground telecommunications transceiver structures such as antenna towers and satellite dishes; • Contact existing providers and companies which have acquired licenses from the FCC to provide PCS in the Fort Collins area, and find out what types of infrastructure they desire to deploy; • Based in part on the above inquiry, develop zoning requirements to manage placement of above ground transceiver structures and work with service providers, neighborhood, and community groups to develop appropriate siting standards; • Review building code requirements related to telecommunications wiring, and promote or advocate enhancement of such requirements with the appropriate regulatory entities; and • Research and develop necessary ordinances, resolutions, policies, and permit and license requirements. 8. Determine Compensation for Use of ROW In order to ensure that City costs are recovered and the public is adequately compensated for the use of its property, all providers should pay fair and reasonable usage fees. The City should investigate and develop a model compensation policy that can be applied in a competitively neutral manner to all telecommunications providers. The compensation policy should include the following: • Investigate City's cost of service as it relates to managing activities of telecommunications providers, and how these costs can be allocated to such providers; • Recovery of all City costs related to the provider's activities, including both direct costs such as street maintenance and replacement, and indirect or overhead costs; • Determine the value of the benefit provided to a private commercial entity by its use of the ROW for the purpose of private commerce. The value of this benefit needs to be explored by the City Attorney's Office, the Finance Department and other appropriate City departments. Access to the ROW will be limited to avoid duplication of services and ensure availability of space for municipal purposes; • Provision of in-kind facilities or services as a form of compensation for private use of the ROW (for example, public uses of facilities such as broadband networks); • Determination of appropriate formulas or assessments to recover City costs and/or receive compensation for the use of public assets such as (1) a fixed percentage of gross revenues earned by the providers, and (2) a fee assessed per unit of measure (per foot) of the ROW utilized, or a combination of these formulas; • Investigate how funds received from telecommunications providers for use of ROW might be utilized for further enhancement of community telecommunications facilities; and • Research and develop necessary ordinances, resolutions, policies, and procedures. 9. Impact State and Federal Telecommunications Reform Legislation The City should continue to adhere to, and potentially expand upon, its current legislative policy statements. Specifically,the City should continue to advocate with state and federal elected representatives(including matters involving the promulgation of regulations by the Federal Communications Commission)and in filings with the FCC,for preservation of local authority concerning the following: • ROW management and use compensation; • Zoning and siting control; • Preservation of institutional networks and PEG access provisions or support; • Inclusion of PEG channel capacity as part of alternative multichannel communications systems; • Assessment of taxes and/or fees related to alternative communications systems; and • Collection of sales tax revenue from merchandise purchases made via telecommunications media. The City should also continue to support legislation that: • Protects the right to privacy, intellectual freedom, and security of personal information for citizens using the information infrastructure; • Ensures universal access to telecommunications services; and • Establishes an open, competitive marketplace for the provision of telecommunications services without undermining local authority.