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HomeMy WebLinkAboutAgenda Packet 12/01/2003 UTILITY ADVISORY COMMITTEE - SFECmAL MEETmNG PUBLIC WORKS CONFERENCE ROOM DECEMBER 1~ 2nn~l 3:00 P.M. AGENDA I. CALL TO ORDER II. ROLL r-ALL III, APPROVAL DF MINUTES FOR NOVEMBER 12! 2003 - TO BE APPROVED AT THE REGULAR MEETING DECEMBER cj, ~'003 AMENDMENTS Bo INSTITUTIONAL NETWORK C:ERVICEB AQREEMENT AMENDMENTS V. NEXT MEETING DATE - DECEMBER ~ 2003 VI. ADdOURNMENT W A $ H ] N (3 T O N, LJ. $. A. UTILITY ,~.DVI$ORY COMMITTEE DATE: December 1, 2003 TO: UTILITY ADVISORY COMMITTEE FROM: Larry Dunbar, Power Resources Manager SUBJECT: Fiber Optic Wide Area Network Use Agreement Amendments Summary: In response to Wave Broadband's request, staff negotiated amendments to the Fiber Optic Wide Area Network Use Agreement to not require four sections of the I-Net backbone to be constructed in exchange for access to Wave's underground communications conduits and related structures. Recommendation: Forward a favorable recommendation to the City Council to approve th~ proposed amendments to the Fiber Optic Wide Area Network Use Agreement. Background: On August 20, 2002, the City Council approved the I-Net fast track including the Fiber Optic Wide Area Network Use Agreement (WAN Use Agreement) with Northland and the I-Net Services Agreement with Capacity Provisioning, Inc. (C.P.I.). On December 31, 2002, the City and Northland entered into the first amendment to the WAN Use Agreement. On February 18, 2003, the City consented to the transfer of the Cable Television Franchise and WAN Use Agreement from Northland to WaveDivision Holdings, LLC (aka Wave Broadband or Wave). Siaffrecently met with Wave to discuss the remaining work to complete the I-Net backbone, which is one of the main Franchise requirements that must be completed by Wave prior to February 27, 2004 to obtain an extended fifteen-year term. There are four sections of the I-Net backbone comprising about 20,000 lineal feet (3.9 miles) that Wave does not recommend are completed (see attachment A). In the event Wave fails to complete these sections they would not be granted an extended term (in contrast to other sanctions that would be imposed by the City for a violation of the Franchise). Analysis: The above referenced sections of the I-Net are not essential for a backbone ring (which provides a higher quality of service due to physical network redundancy). The Franchise was negotiated prior to the I-Net Services Agreement which provides a similar fiber optic route. Wave plans to complete construction of the I-Net backbone by the end of this year. The City will not be required to pay Wave for the four sections of the I-Net backbone referenced above if construction is not completed. A City decision needs to be made promptly due to Wave's construction schedule. Wave plans to complete construction of the I-Net backbone by the end of this year which is several months prior to the February 27, 2004 Franchise required deadline. Fiber Optic Wide Area Network Use Agreement Amendmems Page 2 December 1, 2003 Staff negotiated access by the City or its assignee to Wave's underground communications conduits and related structures at no charge to provide telecommunications services (excluding cable services). The geographic area where access will be provided consists of Railroad Avenue on the North including the piers, Second Street on the South, Vine Street on the Eas~t and Oak Street on the West. Access to Wave's underground facilities is particularly desirable along Railroad Avenue due to the lack of overhead structures. The proposed amendment to the WAN Use Agreement would be assigned by the City to Capacity Provisioning, Inc. Please refer to the Institutional Network Services Agreement Amendments (separate staff report) for more information on how the City would benefit from access to Wave's underground facilities. In summary, the proposed amendments delete sections of the I-Net that are no longer needed and will reduce I-Net costs for Wave and the City. ~ ' The proposed amendments allow Capacity Provisioning, Inc. to access Wave's underground facilities which provides a low-cost alternative to provide broadband services in downtown Port Angeles. The City Attorney has reviewed the proposed amendments. WAS H [ N G TO N, UTILITY DV $ORY GO MH'TEE DATE: December 1, 2003 TO: UTILITY ADVISORY COMMITTEE FROM: Larry Dunbar, Power Resources Manager SUBJECT: Institutional Network Services Agreement Amendments Summary: In cooperation with Capacity Provisioning, Inc., staff negotiated an amendment to ~he Fiber Optic Wide Area Network Usc Agreement with Wave Broadband and an amendment to ~he Institutional Network Services Agreement with Capacity Provisioning, Inc. A favorable recommendation on the proposed amendments to the Instituti6nal Network Services Agreement i$ subject to a favorable recommendation to approve the proposed amendments to the Fiber Optic Wide Area Network Use Agreement (separate staff report). Recommendation: Forward a favorable recommendation to the City Council to approve th{ proposed amendments to the Institutional Network Services Agreement. Background: On August 20, 2002, the City Council approved the I-Net fast track including the Institutional Network Services Agreement with Capacity Provisioning, Inc. (C.P.I.) and the Fiber Optic Wide Area Network Use Agreement (WAN Use Agreement) with Wave Broadband. On October 15, 2002, thc City Council approved an I-Net dark fiber policy. On December 31, 2002, the City and C.P.I. entered into amendment one to the I-Net Services Agreement. Analysis: Thc City and Wave Broadband have negotiated changes to the Fiber Optic Wide Area Network Use Agreement to not require Wave to complete four sections of the I-Net backbone in exchange for City access to their underground communications conduits and related structures that would be assigned by the City to C.P.L C.P.I. has expressed interest to the City to amend the I-Net Services Agreement (see Attachment A) to incorporate access to Wave's underground facilities as well as other changes. The amendment to the I-Net Services Agreement is necessary because the current Agreement does not expressly provide for the proposed assignment and other amendments sought by the City and C.P.I.. Thc proposed amendments include: a public safety VLAN service; dark fiber marketing services for private telecommunications systems; additional interconnection requirements; and other proposed support services. Institutional Network Services Agreement Amendments Page 2 December 1, 2002 Summary of Proposed Amendments Public Safety VLAN. This optional service would allow all of the City's current 32 locations receiving virtual local area networking (VLAN) services from C.P.I. to establish another VLAN for public safety. In partial exchange for being assigned use of Wave's underground communications conduits and related structures, C.P.L has agreed to provide fiber optic site drops to the City Pier, Francis Street Park, Dream Playground, and the Marine Lab at no base or non-recurring charge to the City. The public safety VLAN could be used for surveillance and other non-commemial purposes. The proposed recurring service charge for a Public Safety VLAN is $30 per month. The recurring service charge for Marine Lab in accordance with the Agreement is $165 per month. The City will not incur any recurring service charge~ until it provides written notice to C.P.I. requesting such services. Dark Fiber Marketing. The proposed dark fiber marketing services would permit I-Net backbone dark fibers that are currently assigned by the City to C.P.L to be used for private wide area networks to public institutions. Upon C.P.I. utilization of the dark fibers assigned to them, additional dark fibers could be provided by the City. The City could recall the use of additional dark fibers within one-year's notice to C.P.I. This approach is consistent with the City's dark fiber policy and would permit a future telecommunications service provider to use the I-Net backbone if approved by City Council. This amendment includes retail pricing based on competitive market conditions and compensation to C.P.L to provide marketing services. An adjustment to the City's I-Net Growth Discount is also proposed to compensate the City for 1-Net backbone dark fibers used by C.P.I. to provide private wide area networking services to public institutions. Network Interconnections. The purpose of the proposed amendment is to clarify the main terms and conditions that C.P.I. must comply with when interconnecting with another wide area network. The amendment allows C.P.I. to recover costs to make interconnections. The amendment also allows reasonable terms and conditions to be established related to network security, problem reporting and restoration of service procedures, service level standards, and policies related to private telecommunications systems. Other Services. A new service is proposed that includes offsite storage and/or remote backup services to safeguard the City's electronic information systems and data. The terms and conditions of such an arrangement would be provided within ninety days of the City's request. Additional new services that are proposed include Internet web design and voice over Internet protocol support services. The City will not incur any charges until it provides written notice to C.P.I. agreeing to pay for such services. In summary, the proposed amendments include a City assignment of its fights to use Wave's underground communications conduits and related structure to Capacity Provisioning. In exchange for access, Capacity Provisioning will provide the City fiber optic site drops and services to support public safety. In addition, Capacity Provisioning may use I-Net backbone dark fibers for private wide area networks and has agreed to other terms and conditions related to network interconnections and support services. A favorable recommendation on the proposed amendments to the I-Net Services Agreement is sought if a favorable recommendation to approve the proposed amendments to the WAN Use Agreement is made by the Utility Advisory Committee. The City Attorney has reviewed the proposed amendments. Attachment A Capacity Provisioning Incorporated 116 Yz West 8~ Street - 360-565-8400 Port Angeles, Washington 98362 A Fiber Optic Company Delivering Communications Services at the Speed of Light September 23, 2003 Larry Dunbar Power Resources Manager City of Port Angeles P.O. Box 1150 Port Angeles, Washington 98362 , Dear Mr. Dunbar: As a follow up to our discussions with various City staff members over the last few months and in accordance with Subsection 5.16 (Reopeners) of the Institutional Network Services Agreement, C.P.I. proposes an amendment to: · Permit dark fiber services · Allow additional network interconnections · Provide new service options for a police, fire & emergency VI_AN We propose that the City allows C.P.I. to use dark fibers within the I-Net backbone (that will be constructed no later than April of 2004) and our site drops for C.P.I. purposes and private telecommunications systems. Although the current Agreement assigns eight (8) fibers within the I-Net backbone to C.P.I., we will not be able to utilize the fibers for private telecommunications systems because that is not expressly provided for in our Agreement. Our proposal for additional network interconnections would allow more service providers to have access to the G.P.I. network. As a local corporation, we fully support our community's police, fire and emergency communications needs and are prepared to negotiate a VLAN service for such purposes at cost. CPI is requesting that the City express its interest in negotiating this amendment at your earliest convenience. Sincerely. Craig E. Johnson, VP mJ ~,uetueeJ§v seo!,Mes ~lJo~eN leuo!lnl!lsuI ~ <~ z, luemeeJ§v esn ~lJo,~eN ee,V eP!M o!1do Jeq!-I