City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 02/14/2023
Subject: Frontier California, Inc. Fiber Optic Installation Agreement RECOMMENDATION:
Approve and authorize the Mayor to sign the Installation Agreement with Frontier California, Inc. for the installation of high-speed fiber optic cables within the City of Ripon right-of-way in order to provide telecommunications services to Ripon residents and businesses.
BACKGROUND:
Internet service is regulated by the California Public Utilities Commission (PUC), rather than a City franchise agreement. In order for an internet service provider to enter the Ripon market, the following steps must be completed:
Obtain permission from the California PUC
Obtain an encroachment permit or approved agreement from the City of Ripon Construct the necessary facilities
Operate and maintain the internet service
Currently, Frontier Communications provides internet services via their own fiber optic network.
The current infrastructure providing these services is slower than other providers and can be unreliable at times.
DISCUSSION:
Frontier Communications is proposing to install high-speed fiber optic cables throughout the Ripon public right-of-way in order to provide faster and more reliable internet service to Ripon residents and businesses. The type of construction that is necessary to install the fiber optic cables will depend on the infrastructure currently installed within the public right-of-way. The following describes the expected installation scenarios:
1. Installing the cables on overhead utilities where utility poles currently exist (10 miles)
2. Pulling cables through existing conduits that currently exist and are owned by Frontier Communications (20 miles)
3. Installing new underground conduits and pulling the cable through these conduits (40 miles)
In order to mitigate the impacts of construction associated with the installation of the high-speed fiber optic cables, staff is recommending that the City and Frontier Communications enter into an Installation Agreement that will provide overall terms for Frontier Communications expanding their network in Ripon. The following summarizes the terms of this agreement:
- Frontier shall install new underground conduit using horizontal boring construction methods
- Final restoration (e.g., restore asphalt, remove USA markings, replace concrete, etc) of any right-of-way shall be completed by Frontier Communications within 45 days of the installation of the underground conduit
- Frontier shall submit a “Permit to Construct” for each phase of the project in lieu of the standard encroachment agreement so staff can ensure inspection resources are available for the active construction sites and confirm final restoration has been completed on completed projects.
Staff is recommending the City Council approve the Installation Agreement and authorize the Mayor to sign the agreement with Frontier California, Inc. for the installation of infrastructure within the Ripon rights-of-way. Additionally, staff is requesting the City Council allow for minor changes to the risk management language, as approved by the San Joaquin Valley Risk Management Association risk manager, who has been working with the Frontier California, Inc risk manager.
FISCAL IMPACT:
The Engineering Department will collect the standard encroachment permit fee of 7% (3% for plan review, 3% for construction inspection, and 1% for GIS services) of construction cost in the public rights-of-way as required for all encroachment permits. The fee will be collected through the “Permit to Construct” process as described in the agreement. The City may hire a consultant to perform inspections, if additional inspection resources are needed. If the actual inspection cost exceeds the 3% of the fee that is designated for construction inspection, Frontier Communications will reimburse the City for the additional expenses.
Attachments:
1. City of Ripon CA--Frontier Agreement 02072023