CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: {{item.number}} Section Name: {{section.name}} Account Number: 26-4662 File ID: {{item.tracking_number}} TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 05, 2024
SUBJECT:
Fiber Optic Network Facilities in the Public Right-of-Way – Agreement RECOMMENDATION:
Approve a Utility Equipment Agreement with Boldyn Networks US LLC for the construction, installation, maintenance, and operation of fiber optic network facilities within the public right-of-way; and authorize the Public Works Director to execute the agreements in substantially the form presented.
BACKGROUND:
Boldyn Networks desires to construct, install, maintain, and operate fiber optic network facilities within the City’s public right-of-way. This will allow Boldyn Networks to provide telecommunication services, such as fiber and internet, to residents and other clients.
On December 2, 2010, the California Public Utilities Commission (CPUC) granted Mobilitie LLC a Certificate of Public Convenience and Necessity authorizing them to provide resold and full facilities-based local exchange telecommunications services in the service territories of Pacific Bell Telephone dba AT&T California, Verizon California, Inc., Citizens Telecommunications Company of California, Inc., and SureWest Communications, and to provide resold interexchange service in California. On July 1, 2023, Mobilitie LLC rebranded and made a corporate name change to Boldyn Networks US LLC. On November 3, 2023, the CPUC accepted Advice Letter No. 17 changing the name of Mobilitie LLC to Boldyn Networks US LLC. The CPCN and name change documents are included in Attachment 2.
The City has the authority to regulate the terms and conditions for Boldyn Networks’ use of the public right-of-way through a Utility Equipment Agreement (UEA) (Attachment 1). The UEA will authorize telecommunication services under applicable federal and state law. However, it does not authorize cable (TV), broadcast television, or wireless (cell) services.
The main terms and conditions of the UEA include the following:
1. The term of the UEA is ten (10) years from the effective date and may only be amended in writing and must be signed by both parties.
2. Boldyn Networks shall be required to remove or relocate its facilities, without cost or expense to the City, when made necessary by any lawful change of grade, alignment, or width of any street, including the construction, maintenance, or operation of any underground facility by the City, and/or construction, maintenance, or operation of any other City underground or above ground facilities.
3. Boldyn Networks shall be required to apply for encroachment permits and provide the necessary fees, deposits, and bonds prior to beginning work within the public right-of-way.
Staff recommends City Council approve the UEA with Boldyn Networks and authorize the Director of Public Works to execute the agreement in substantially the form presented.
CITY OF SAN MATEO
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BUDGET IMPACT:
There is no budget impact associated with approving a Utility Equipment Agreement with Boldyn Networks US LLC. Boldyn Networks US LLC will be required to obtain Encroachment Permits and pay all necessary fees, deposits, and bonds for each permit pursuant to the Master Fee Schedule in effect at the time of application.
ENVIRONMENTAL DETERMINATION:
Approval of this Utility Equipment Agreement is categorically exempt from CEQA review as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use, in that it involves the construction, installation, maintenance, and operation of fiber optic network facilities within the City’s public right-of-way. (CEQA Guidelines Section 15301.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Agreement with Boldyn Networks US LLC
Att 2 – Certificate of Public Convenience and Necessity and Name Change Documents
STAFF CONTACT
Jason Hallare, Senior Engineer
[email protected]
650-522-7316