HomeMy WebLinkAboutMobilitie Franchise Applicationmotl¡lit¡ë 2955 Red Hill Avenue
Suire 200
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VIA FEDEX
June 16,2016
City of Central Point
140 South Third Street
Central Point, OR 97502
Attn: Chris Clayton, City Manager
RE: Apolication for Utility License / Franchise Agreement
Dear Mr. Clayton:
Pursuant to Chapter 12.40 of the Central Point Municipal Code, please find the following documents
enclosed herein:
l. Application for Utility License / Franchise Agreement ("License Application");
2. Supporting drawings and specifications for the proposed utility infrastructure; and
3. Oregon Public Utility Commission OrderNo. 07-013; 07-028
Mobilitie is a public utility company regulated by the Oregon Public Utility Commission to provide
telephone related services, such as facilities based competitive local exchange and interexchange services.
To meet the growing demand for connectivity, Mobilitie is deploying a hybrid transport network that
provides high-speed, high-capacity bandwidth in order to facilitate the next generation of devices and data-
driven services. This network combines fiber, repeaters, and microwave technologies to ensure that the
network is cost-efficient and low-impact to communities. The installation will solely be within the public
ROW to ensure that the network is built where communities already have telephone and electrical
infrastructure in place that can be utilized where appropriate.
Mobilitie plans to construct such utility infrastructure within the next 18 months and, as such, formally
requests the City of Central Point process the enclosed License Application at its earliest convenience. We
also request that the City identify an individual who can serve as a single point of contact to streamline
future application communications for the benefit of both parties.
Our hybrid transport network is an industry changing approach that seeks to improve backhaul connectivity
for the residents of Central Point. We are excited to work with you and are available to answer questions.
If you have questions please contact Lizbeth Wincele at (657) 261-3742 or via email aT
Lizbeth.Wincele@mobilitie. com.
Thank you for your attention to this matter
Respectfully Submitted,
Vivek Dave
Director
*Enclosure
moHIit¡e 2955 Red Hill Avenue
Suite 200
Costa Mesa, California 92660tnl¡llt.lÈnl rnltt(lr|( liltÈ
APPLICATION F'OR UTILITY LICENSE / FRANCHISE AGREEMENT
Pursuant to Section 12.40.060 of the City of Central Point's Municipal Code, "[a]ny person that desires a
franchise must register as a telecommunications carrier, cable operator or utility provider as provided in Section
12.40.030, and shall file an application with the Central Point planning department which includes the following
information":
A. The identitv of the applicant:
Mobilitie LLC is a registered Competitive Telecommunications Company in the State of Oregon.
Mailed correspondence should be sent to:2955 Red Hill Avenue, Suite 200, Irvine, CA 92626.
B.
over its facilities.
Mobilitie is deploying a hybrid transport network that provides high-speed, high-capacity bandwidth
capable of facilitating portable devices and data-driven services. This network combines fiber, repeaters,
and microwave technologies to ensure that the network is cost-efficient, low-impact to communities,
and can be effectively upgraded and augmented in the future. Mobilitie's hybrid transport network can
support a variety of technologies and services that require connectivity to the internet, including, but
not limited to, driverless and connected vehicles (commercial, personal and agricultural), remote
weather stations, telephone related services, and mobile service providers. In addition, this transport
network provides public safety enhancements for local govemments in the form of greater connectivity
andE9ll readiness.
C.
facilities
Please see enclosed construction drawings.
D.
build-out to the entire franchised area.
Mobilitie anticipates construction to begin in December 2016 and to be completed before 2017. This is
subject to change. Specific dates will be provided closer to the time of construction. Please see attached
drawings and specifications for location informatron.
E.
Enclosed please find:
(l) OrderNo. 07-013, entered on January 9,2007, granting a certificate of authority to provide
telecommunications service in Oregon as a competitive provider.
(2) OrderNo.0T-)2S,enteredonJanuary2l,200T,correctingmisspelledcompanynameinOrder
No.07-013.
F.
and/or utilit)¡ facilities in the city that applicant intends to use or lease.
As of the date of this application, Mobilitie does not intend to use or lease any existing
telecommunications facilities in the City of Nyssa. The current proposal entails the installation of a new
utility pole capable of providing backhaul connectivity.
I
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ÛRDERNO, O7.O2B
ENTERED OII27IT7
tsEF'ORE TTIE PUBLIC UTILITY CCINTIWISSION
OF'OR.EGON
CP T344
In the Matter of
MOBILITIE,LLC,
ERRATA ORDER
Application for a Certificate of Authority to
Provicle Telecommunications Service in Oregon
and Classification as a Competitive Provider.
DISPOSITION: ORDER NO. 07-013 CORRECTEI)
On January 9,200J,the Cormnission granted a certificate of authority to
Mobilities, LLC (the Company) to provide telecommunications service in Oregon as a
competitive provider. ,Se¿ Order No. 07-013. On Janualy 22,2007, Joh¡ C. I)odge, counsel for
the Company, filed a letter stating that the Company iucorrectly stated its company name as
Mobilities, LLC on its application, and requests that the Commission coffect its name to
Mobilitie, LLC.
ORDIIR
IT IS ORDERED that the company name of Mobilities.l,LC as statcd in Order
No. 07-013 is conected to be Mobilitie, LLC. The remaìnder of the orcler is urchanged.
entered, ald effective J,AN I ? 2l]07
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Lee Spaffing
Directlor
Utìlity Program
A pany may orreconsiderationofthisorderpursualttoORST56.56l. Arequestforrehearingor
reconsicleration must be filed r,vith tho Corunission within 60 days ofthe date of sewice of thjs order. The request must
complywiththerequirementsinOARS60-014-0095, Acopyofanysuchlecluestmustalsobeservedoneachpartyto
theproceedingasprovidedbyOARS60-013-0070(2). Apartymayappealthisorderbyfrlingapetitionforreview
rvith the Cout of Appeals in compliance with ORS 183.480-183.484.
ORDERNO.0T-013
ENTERED OIIO9/07
BEFORE THE PUBLIC UTTLITY COMMISSION
OF OREGON
cP 1344
In the Matter of
MOBILITIES, LLC
ORDER
Application for a Certiflrcate of Authority to
Provide Telecommunications Service in Oregon
and Classification as a Competitive Provider.
DISPOSITION: APPLICATIONGRANTED
Note: By issuing this certificate, the Commission makes no endorsement or certification
regarding the certificate holder's rates or service.
The Application
On December 4,2006, Mobilities, LLC (Applicant) frled an application for
certification to provide telecommunications service in Oregon as a competitive provider.
Applicant proposes to provide intraexchange non-switched, private line
service (dedicated transmission service) within all exchanges of the telecommunications
utilities and cooperative corporations listed in Appendices A and B to this order.
Applicant also proposes to provide interexchange non-switched, private
line service (dedicated transmission service) statewide in Oregon. Applicant did not
request authority to offer switched service. Applicant indicates that it intends to construct
its own facilities and operate as a facilities-based provider for intraexchange and
interexchange service.
Applicant will not directly provide operator services as dehned in
OAR 860-032-0001 and will not be an 'operator service provider' as defined in
oRS 75e.6eo(1Xd).
The Commission served notice of the application on December 13,2006
No protests or requests to be made parties of the proceeding were filed.
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ORDERNO.0T-013
Based on the record in this matter, the Commission makes the following:
FINDINGS AND CONCLUSIONS
Applicable Law
Two statutory provisions apply to this application. First, ORS 759.020
governs Applicant's request to provide telecommunications as a competitive provider.
Under ORS 759.020(5), the Commission shall classify Applicant as a competitive
provider if Applicant demonstrates that its services are subject to competition, or that its
customers or those proposed to become customers have reasonably available alternatives.
In making this determination, the Commission must consider the extent to which services
are available from alternative providers that are functionally equivalent or substitutable at
comparable rates, terms and conditions, existing economic or regulatory barriers to entry,
and any other factors deemed relevant.
Second, ORS 759.050 governs Applicant's request to provide local
exchange (intraexchange) telecommunications service. Under ORS 759.050(2)(a), the
Commission may authorize Applicant to provide local exchange service within the local
exchange of a telecommunications utility if the Commission determines such
authorization would be in the public interest. In making this determination, the
Commission must consider the extent to which services are available from alternative
providers, the effect on rates for local exchange service customers, the effect on
competition and availability of innovative telecommunications service in the requested
service area, and any other facts the Commission considers relevant.
See OrderNo.96-021.
Designation as a Competitive Provider
Applicant has met the requirements for classiflrcation as a competitive
telecommunications service provider. Applicant's customers or those proposed to become
customers have reasonably available alternatives. The incumbent telecommunications
utilities and cooperative corporations listed in the appendices provide the same or similar
local exchange services in the local service area requested by Applicant. AT&T, MCI,
Sprint Communications, Qwest Corporation,YerizonNorthwest Inc., and others provide
interexchange telecommunications service in the service area requested by Applicant.
Subscribers to Applicant's services can buy comparable services at comparable rates from
other vendors. Economic and regulatory barriers to entry are relatively low.
Public Interest
With regard to the general factual conclusions relevant to this proceeding,
the Commission adopts the Commission's findings in OrderNo. 93-1850 and Order
No. 96-021. Based on a review of those findings, as well as information contained in the
application, the Commission concludes that it is in the public interest to grant the
2
ORDERNO.0T-013
application of Mobilities, LLC to provide localexchange telecommunications servlce as a
competitive telecommunications provider in exchanges of the telecommunications
utilities and cooperative corporations listed in the appendices, as described in the
application. Further, it is in the public interest to grant statewide interexchange authority
as described in the application. This finding will have no bearing on any determination
the Commission may be called upon to make under sections 251 or 252 of the
Telecommunications Act of 1996 (47 USC $ 251,252) with regard to the
telecommunications utilities and cooperative corporations in this docket.
Conditions of the Certificate
In OrderNo. 96-021, the Commission interpreted ORS 759.050 and
established conditions applicable to competitive local exchange carriers. Also, other
conditions are listed in administrative rules, including among others OAR 860-032-0007
Applicant, as a competitive provider, shall comply with the conditions adopted in Order
No. 96-021, as well as all applicable laws, Commission rules, and orders related to
provision of telecommunications service in Oregon.
Per ORS 759.050(2)(c) and OrderNo. 96-021, Applicant shall comply
with the following conditions.
1. Applicant shall pay an annual fee to the Commission pursuant to
ORS 756.310 and 756.320 and OAR 860-032-0095. The minimum
annual fee is $ 100. Applicant is required to pay the fee for the
preceding calendar year by April l.
2. Pursuant to Oregon Laws 1987, chapter290, sections 2-8, and to
OAR chapter 860, division 033, Applicant shall ensure that the
Residential Service Protection Fund surcharge is remitted to the
Commission. This surcharge is assessed against each retail subscriber
at arate that is set annually by the Commission.
3. Applicant shall make quarterly contributions to the Oregon Universal
Service fund based on a Commission approved schedule and surcharge
percentage assessed on all retail intrastate telecommunications services
sold in Oregon, pursuant to ORS 759.425. If Applicant bills the
surcharge to its end-users, Applicant shall show the charges as a
separate line item on the bill with the words "Oregon Universal
Service Surcharge Yo".
Competitive Zones
All exchanges of the telecommunications utilities and cooperative
corporations listed in the appendices to this order are designated competitive zones for
dedicated transmission service pursuant to ORS 759.050(2Xb).
3
ORDERNO.0T-013
Pricing Flexibility - Dedicated Transmission Service
The telecommunications utilities listed in Appendix A are granted pricing
flexibility for dedicated transmission service in their respective exchanges by this order.
See OrderNo. 93-1850, docket UM 381.
ORDER
IT IS ORDERED that:
l. The application of Mobilities, LLC is granted with conditions
described in this order.
2. Applicant is designated as a competitive telecommunications provider
for intraexchange service in the local exchanges ofthe
telecommunications utilities and cooperative corporations listed in
Appendices A and B. In addition, Applicant is designated as a
competitive telecommunications provider for interexchange service
statewide in Oregon.
3. The local exchanges of the telecommunications utilities and
cooperative corporations listed in Appendices A and B are designated
as competitive zones for dedicated transmission service.
4. Any obligation regarding interconnection between Applicant and the
telecommunications utilities and cooperative corporations listed in
Appendices A and B shall be governed by the provisions of the
Telecommunications Act of 1996 (the Act).
5. No finding contained in this order shall have any bearing on any
determination the Commission may be called upon to make under
sections 251 or 252 of the Act with regard to the telecommunications
utilities and cooperative corporations listed in the appendices to this
order.
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ORDER I{O. ü7-013
6. The telecommunications utilities listed in Appendix A shall receive
pricing flexibility for dedicated transmission service on an exchange-
by-exchange basis, as set forth in this order.
Made, entered, and effective JÀhJ ü I2tûi
Lee S
Utility Program,
A parry may request rehearing or reconsideration of this order pursuant to ORS 756.561. A
request for rehearing or reconsideration must be filed with the Commission within 60 days
of the date of service of this order. The request must comply with the requirements in
OAR 860-014-0095. A copy of any such request must also be served on each party to the
proceeding as provicled by OAR 860-013-0070(2). A party may appeal this order by filing a
petition for review with the Court of Appeals in compliance with ORS 183.480-183.484.
5
ORDER Nt. 07-û13
APPENDiX A
cP 1344
EXCHANGES ENCOMPASSED BY THE APPLICATION
ALL EXCHANGES OF THE TELECOMMTINICATIONS
UTILITIES LISTED BELOW
Telecornrnunications Utilities Not Exempt Fursuant to ORS 759.040
CenturyTel of Eastern Oregon,Inc.
CenturyTel of Oregon, Inc.
Qwest Corporation
United Telephone Company of the NorthwestÆmparq
Verizon Northwest Inc.
Telecommunications Utilities Exempt Pursuant to ORS 759.040
Asotin Telephone Company
Cascade Utilities, lnc.
Citizens Telecommunications Company of Oregon
Eagle Telephone System, Inc.
Helix Telephone Company
Home Telephone Company
Malheur Home Telephone Company
Midvale Telephone Exchange
Monroe Telephone Company
Mt. Angel Telephone Company
Nehalem Telecommunications, Inc.
North-State Telephone Company
Ore gon Telephone Corporation
Oregon-Idaho Utilities, Inc.
People's Telephone Company
Pine Telephone System, Inc.
Roome Telecommunications, Inc.
Trans-Cascades Telephone Company
APPENDIX A
PAGE 1 OF 1
I
ORDER NO. 07-013
APPENDIX B
cP 1344
EXCHANGES ENCOMPASSED BY THE APPLICATION:
ALL EXCHANGES OF THE COOPERATIVE
CORPORATIONS LISTED BELOW
Beaver Creek Cooperative Telephone Company
Canby Telephone Association
Clear Creek Mutual Telephone
Colton Telephone Company
Gervais Telephone Company
Molalla Telephone Company
Monitor Cooperative Telephone Co.
Pioneer Telephone Cooperative
Scio Mutual Telephone Association
St. Paul Cooperative Telephone Association
Stayton Cooperative Telephone Co.
APPENDIX B
PAGE 1 OF 1