HomeMy WebLinkAboutContracts & Agreements_1A-2017 I 00119SIR$ "0010
G97 � ��,, AT'&T Uverse
Decernber 20, 2016
City Clerk Sam Irvin
City of Redlands
35 Cajon St#4
Redlands, CA 92373
Gear City Clerk Irvin,
As you know,AT&T California was authorized by the California Public Utilities Commission (CPUC)to provide
video service throughout AT&T's video service area in 2007. AT&T's current video franchise will expire on
March 30, 2017,.
Today,AT&T has taken the next step by filing its application with the CPUC to renew its state-issued video
franchise. A copy of our application is enclosed as a courtesy.The CPUC has up to 44 days to act on an
application for renewal of state video franchises or else the franchise certificate is issued by default..
A list of specific census block,groups included in AT&T's video service area can be found online at the
following link. rttgi.// I.izrie.att c orli/ awlr rra_ in nrr riga r�1 typ C�ther_
Additional information regarding the renewal process can be found on the CPUC's web site
If you have any questions, please contact your local AT&T External Affairs manager,Julio Figueroa on 951-
680-8977.
Sincerely,
Vice President Regulatory Affairs
Enclosures
Ross Johnson
Director
aWAT&T Regulatory 430 Bush Street,5111 Floor
SEE, San Francisco,CA 94108
(415)417'-5028
[jq9L7@Ak,t_gqRi
December 20, 2016
Mr, Michael Morris
Video Franchising and Broadband Deployment Group
Communications Division
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102
Re: AT&T California's Application.for Renewal of California State Video Franchise 0002
Dear Mr, Morris:
Pacific Bell Telephone Company d/b/a AT&T California ("'AT&T"'), pursuant to Section 5850 of
the Public Utilities Code and Decision (D.) 14-08-057, hereby files an application for renewal of
its state video franchise 0002 for an additional 10-year period. AT&T's current franchise expires
March 30, 2017. A completed application form, a CD containing completed templates,
Appendices A and B, a check in the amount of$2,000 for the application fee, and a copy of the
letter provided to the local entities within AT&T's franchise area are enclosed.
The franchise area covered, by this renewal application is the same area as for franchise 0002
(filed Miarch 7, 20107) inclusive of AT&T's initial application and its five subsequent amendment
applications (filed August 25, 2008, August 20, 2009, August 16, 2010, November 2, 2011 and,
August 12, 2013 ), all of which were approved by the Commission.
This renewal application includes a collection of census block groups (in response to Question
14), provided on CD in Excel format using the template provided by the Communications
Division, which represents a geographic description of AT&T's Video Service Area, as approved
by the Commission in the prior applications.
The renewal application states that if an applicant has already reported socioeconomic data as
part of the Commission's yearly Digital Infrastructure and Video Competition Act (DIVCA) data
collection, that data does not need to be submitted again. On April, 1, 2016, the 2016 Annual
Report for State Video Franchise No. 0002 was filed, and therefore AT&T indicates, "Not
Applicable" to Questions 15 through 17 on the renewal application form.
(gyp% APPLICATION FOR ANEW,AMENDED OR 12ENG'4"w'AL
°I
CALIFORNIA STATE VIDEO FRANCHISE
RISE
CALIFORNIA PUBLIC UTILITIES COMMISSION
MrIfMFIISSION
Definitions for the purposes of this Application:
A. "Access"' means that the holder is capable of providing video service at the household address using any
technology, other than direct-to-home satellite service, providing two-way broadband Internet capability and
video programming, content, and functionality, regardless of whether any customer has ordered service or
whether the owner or landlord or other responsible person has granted access to the household. If more than one
technology is utilized, the technologies shall provide similar two-way broad band Internet accessibility and similar
video programming.
B. "Affiliate" means any company 5 per cent or more of whose outstanding securities are owned, controlled, or
held with power to vote, directly or indirectly either by a state video franchise holder or any of its subsidiaries, or
by that state video franchise holder's controlling corporation and/or any of its subsidiaries as well as any company
in which the state video franchise holder, its controlling corporation, or any of the state video franchise holder's
affiliates exert substantial control over the operation of the company and/or indirectly have substantial financial
interests in the company exercised through means other than ownership.
C. "Applicant" means any person or entity that files an application seeking to provide Video Service in the;
state pursuant to a State Video Franchise,
D. "Application"means the form prescribed by the Commission through which an.Applicant may apply for a
State Video Franchise,a+amend its Video Set-vice Area,or a12121v for a State Video Franchise renewal.
E. ``,Application Fee" means any 'fee that the Commission imposes to recover its actual and reasonable costs of
processing an Application./
F "'Area" means a set of contiguous (i) Collections of census block groups or (ii) regions that are mapped
using geographic information system technology.
G,"Broadband"or"Broadband Service"means any service defined as Broadband,or having advanced
telecommunications capability,in the most recent Federal Communications Commission inquiry pursuant to Section
706 of the Telecommunications Act of 1996(P.L. 10)4-1074).2
Fl, "Census Block Group"has the same meaning as used by the U.S.Census Bureau.1. "Census Tract"has the
same meaning;as used by the US.Census Bureau-3
J. "Census 'Tract Basis" means pursuant to the reporting standards articulated in Appendix D and
Appendix F;,Section 11 of D.07-03-014.
K. "Commission",means the Public Utilities Commission.
L. "Company"means the Applicant and its Affiliates.
I CAL_. PUB, UTLL. CODE § 5840(c). This fee is not levied for general revenue purposes, Consistent With
Public iltili es Code§ 5840(c).
2 Ind.. at # 5830(a). The Federal Communications Commission currently uses the term-broadband"and"advanced
telecommunications capability"tri describe services and facilities with an upstrearra(customer-ter-provider)and
downstream (provider-to-customer) transmission speed of more than 200 kilobits per second.FEDERAL
COMMUNICATIONS COMMISSION,AVAiIaABILITY 01,' ADV.ANC,ED , ELEC OMlMUNIC`A,r]ONS
CAPABJI- TY IN TfIE UNITED STATES,ES,FC UR,rlr REPORT`O CONGRI.�;SS,FCC 04-2018, 10(Sept. 9,20 04).
This definition,however, is under review by the Commission,and it may evolve in response to rapid technological
changes in the marketplace. Id
3 CAL.P1JB./"I'll.,.CODE,at§59601(a).
1 of 8
PLEASE TYPE ALL INFORMATION UNLESS INSTRUCTED OTHERWISE.
Type of Application
1. Check as appropriate:
F]New Franchise FAmd Franchise(Please indicate type of amendment below)
Increasing Video Service Area
❑Decreasing Video Service Area
I./ (Franchise Renewal
Applicant Information
2.Applicant's State Video Franchise number(if seeking an amended or renewal Franchise): 0002
Pacific Bell Telephone Company dlbla SBC Pacific Bell Telephone Company dlbla AT&T Califomia
3.Applicant's full legal name:
4.Name under which the Applicant does or will do business in California.. AT&T California
5. Legal name and contact information of Applicant's parent companies,including the ultimate parent:
Parent's Full Legal Name: AT&T Inc.
Address: 208 S Akard St., Dallas, TX 75202
Phone: (210)821-4105
Parent's Full Legal Name:
Address:
Phone:
Parent's Full Legal Name:
Address:
Phone:
6.Applicant's principal place of business:
Address: 430 Bush Street, 5th Floor, San Francisco, CA 94108
Phone: 415-778-1299
7. Contact information for the person responsible for ongoing communication with the Commission about
Video Service business:
Name: Rhonda Johnson
Title: Vice President Regulatory Affairs
Address: 430 Bush Street, Room 504, San Francisco, CA 94108
Phone(s): Business/Fax: 415-417-50051214-486-1580 email: rhonda.johnson@att.com Mobile 415-244-4681
8.Attach as Appendix A the names and titles of the Applicant's principal officers.
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Video Service Area Information
renewal Aiv icants: tf'tlze micant has already reported socioeconomic data as part of
=tle early DIVCA data collection, this data does not need to be submitted agqgn,
14. a. Utilizing the template (as applicable) provided on the Communications
Division's section of the CPUC's web site at wwwcp_q�:,,A� g.y provide a geographic
description of the Video Service Area and input the expected date for the deployment
of each Area in the Video Service Area. Please select the method by which the
geographic description shall be detailed:
..............
U.S. Census Bureau Census Block Groups, or ,
0 IJ' Ap
plicant chooses "a, " then download and complete the electronic template
available on the Communications Division's section of the CPUC`s web site
A geographic information system dl-g"it—al'"B,-o--u-""n-d�-ar—y"-,-me,-eting or exceeding national map
accuracy standards.
0 IJ'Applicant chooses b, " then submit the geographic infbrination system digital
boundary as a polygon shopefile (shp), in State Plane coordinate system in digital
firmat electronically to the Commission
b. If a consultant was used to compile the geographic description data, please
provide the following:
Consultant Company's Full Legal Name: N/A
Address: N/A
Phone: N/A
15. Socioeconomic status information of residents within the Video Service Area
(,' i,qot Applicable
aTf-aTP-17c-a-@e, the Applicant shall provide this information utilizing the templates
available on the
Communications Division's section of'the (71"UC's web site at w,wa.
c. g y
a. Provide the following baseline description of residents in the Video Service Area:
i. Number cif` Households: The number of Households in each Census Tract
included in the Video Service Area. Utilize the most recent U.S. Census
projections of households available as of January I of the year the Application is
submitted to determine the number of Households.
ii. Number of Low-Income 1-fouseholds: The number of Low-Income
Households in each Census Tract included in the Video Service Area. Utilize the
most recent U.S. Census projections of low-income households available as of
January 1, 2007 to determine the number of Low-Income Households.
NOTE:AT&T's proposed Video Service Area is its current incumbent telephone service area within the Census Block Groups provided in the
template document.
5 of 8
F
in each Census Tract included in the Telephone Service Area. Utilize the most
recent U.S. Census projections of low-income households available as of January
1, 2007 to determine the number of Low-Income Households.
b. If the Applicant or any of its Affiliates is a Telephone Corporation, provide or
attest in the attached Affidavit that Applicant shall provide, no later than 90 calendar
days after the date of the Commission's issuance of a State Video Franchise to the
Applicant, the following description of residents in the Telephone Service Area:
i. Wireline Broadband:
1. The number of Households in each Census Tract to which the
Company makes wireline Broadband available.
2. The number of Households in each Census Tract that subscribe to
wireline Broadband that the Company makes available.
ii.Non-Wireline Broadband:
1. If the Company uses non-wireline technology to provide Broadband,
specify the type(s) of technology used in each Census Tract.
2. The number of customers in each Census Tract that subscribe to non-
wireline Broadband that the Company makes available.
3. Using geographic information system digital boundaries that meet or
exceed national map accuracy standards provide maps that delineate (i)
Census Tract
boundaries and (ii) where the Company typically makes non-wireline
Broadband available.
iii. Video service: The number of Households in each Census Tract that are
offered Access by the Company.
iv. Low-Income (Utilize the most recent U.S. Census projections of low-
income households available as of January 1, 2007 to determine the number of
Low-Income Households): The number of Low-Income Households that are
offered Access by the Company.
17. If a consultant was used to compile the geographic description data, please
provide the following: lot Applicable
Consultant Company's Full Lega Name: NIA
Address: NSA
Phone: NIA
Financial, Legal, and Technical Qualifications
18. a. New Applicants must provide or attest in the attached Affidavit that Applicant
shall provide a copy of a fully executed bond in the amount of$100,000 per 20,000
households in the Video Service Area,with a$100,000 minimum and a$500,000
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Appendix A
AT&T California Principal Officers
Ken P. McNeely—President
April J. Rodewald—Senior Vice President, General Counsel and Secretary
Marc D. Blakeman—Vice President- External Affairs
Rhonda Johnson—Vice President—Regulatory Affairs
Loretta Walker—Vice President—Externa I Affairs and Employee Engagement and Communications
Sherri L. Bazan—Treasurer
AFFIDAVIT
STATE OF California
COUNTY OF San Francisco
My name is Kenneth) P. McNeely T am President (Title)
of AT&T California (Company).
My personal knowledge of the facts stated herein has been derived from my
employment with AT&T California (Company).
I swear or affirm that I have personal knowledge offfie facts stated in this Application
for a California State Video Franchise to provide Video Service, I am competent to
testify to them,and I have the authority to make this Application on behalf of and to
bind the Company.
New,Transfer and Renewal Applicants.
I further swear or affirm that ame of Appliegna is not in violation of any
final non-appealable order relating to either the Cable Television and Video Providers
Customer Service and Information Act (California Public Utilities Code Article 3.5
(commencing with § 53054) of Chapter I of Part 1 of Division 2 of Title 5 of the Government
Code) or the Video Customer Service Act (California. Public Utilities Code Article 4.5
(commencing with §.53088) of Chapter I or Part 1 of Division 2 of Title 5 of the Government
Code) or the Digital Infrastructure and Video Competition Act of 2006 California Public
Utilities Code§$_5800 et seq.).
I further swear or affirm that court of com etent jurisdiction has /(as no circle one found
AT&T(:'a l iforn ia................._ pp order.
ame o A scant m violation of that,,,,,,,,,.,.,.__
a court
n has
en
AT&T California affirm that meof A f li�ant competent
nrmal noticeoontainin lle ati nlvs that it iin
violation of a final non-appealable court order.
If a court of competent Jurisdiction finds thatthe Apnlicantjs in violation of a non-appealable
court order, it must provide,with this Application. a further court„order or ruling demonstrating
that the violation has been cured if ane exists.If no such rder exists, the Applicanj must attest
to the following:
I further swear•or affirm that rNamt;of Applicant] has cured the„violation of a
non-appealable court order.
All Applicants:
I further swear or affirm that AT&T California
[Name of Applicant] shall fulfill the following requirements:
*These paragraphs are not applicable because no court order has found AT&T California to be to vloTabon of the aforementioned code statutes.
s.
5 +
b. Antidiscrimination:
L If Applicant and its Affiliates together have more than 1,000,000 telephone
customers in California,Applicant shall satisfy the build-out requirements set
forth in Public Utilities Code § 5890(b) & (e).
ii. If Applicant and its Affiliates together have less than 1,000,000 telephone
customers in California, Applicant shall satisfy any buildout requirements
established pursuant in Public Utilities Code § 5890(c).
o. Cross-subsidization: If Applicant or its Affiliates provide stand-alone, residential,
primary-line basic telephone service, Applicant shall refrain from using any increase of
the rate of this service to finance the cost of deploying a network to provide video
service.
d. "Affiliate," as referenced herein, means any company 5 per cent or more of whose
outstanding securities are owned, controlled, or held with power to vote, directly or
indirectly either by a state video franchise holder or any of its subsidiaries, or by
that state video franchise holder's controlling corporation and/or any of its
subsidiaries as well as any company in which the state video franchise holder, its
controlling corporation, or any of the state video franchise holder's affiliates exert
substantial control over the operation of the company and/or indirectly have substantial
financial interests in the company exercised through means other than ownership.
6.Applicant shall fulfill all other requirements imposed by the Digital Infrastructure and'Video
Competition Act.
7. AT&T California [Name of Applicant] is a single identifiable entity that
is qualified to do business in California and has verifiable assets. This entity shall accept
service of process, either directly or through an agent, and subunit to the-jurisdiction of
California courts.
I swear or affirm that all of the statements and representations made in this Application are true
and correct, k ,{Signature and title U f ' U� J`� ice' S v
Typed or printed name and title_Kenneth P._McNeely - President
CAUFORNIA JURAT WITH AFFUW STATEMENT GOVERNMENT CODE j 8202
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A no"public or other officer completing this certificate verffles only the ideatity of the individual who signed the
document tDwtfich Us certificate is attached,and notthe truthfulness,accuracy,orval[drty of that document.
State of California Subscribed and sworn to (or affirmed) before me
County of rz e.0 S C- -t:, on this day of 'D f -- . 20—L�
by Date Month Year
-- - - - - - (and (2)--
ANN MARIE MURTAGH Name(q)of Signer(s)
commission#21301776
z
Notary Public-Californiaz
San Francisco County ?: proved to me on the Weis of satisfactory evidence
Gomm.Ex2i Oct 16,2019t to be the person(s) who appeared before me.
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