HomeMy WebLinkAbout9 Set a Protest Hearing Date for AT&TAgenda Item #9
T o:
From:
Date:
Subject:
Board o f Directors
Robert Mesc her
May 20, 2 015
Set a Pro te st Hearing Date for AT &T and Hold In Ab eyance the Pole
Attachme nt Fe e Implementation
C ONSE NT
1. WHY T HIS MAT T ER IS BEFORE T HE BOARD
This item involves the consi derati on of settin g a protest hearing date for AT&T and
holding i n abeyance the recentl y adopted po le attachment fees. Only the Board can
schedule a protest hear i ng and hol d the pol e a ttachment fees in abeyan ce.
2. HIST ORY
At the March 18, 2015 Board Meeti ng, th e Board adopted Resolution 2015-03
establishing fees for thi rd party attachments to poles owned by the District, effecti ve
May 17, 2015.
3. NEW INFORMAT ION
On Apri l 15, 2015, AT &T sent a l etter (Atta chment 1 ) protesti ng the adopted pole
attachment fees and requesting copi es of Di strict reco rds. The Di strict responded to
AT&T's request for reco rds.
On May 12, 2015, AT&T sent another lette r (Attachment 2) requesting copies of
additional records. The Distri ct wi l l resp ond to that requ est on or before May 22, 2015.
Since AT &T objects to the fee calcul ation, s taff recommends that the Distri ct hold a
protest heari ng to allow AT&T the opportuni ty to present its case for protesti ng the
District’s adopted pol e attachment fees. Addi tionall y, staff recommends that the
District should hol d fee impl ementation in abe yance un til after the prote st heari ng.
4. FISCAL IMPACT
Hol ding the fee impl ementation i n abeyance d oes not change the effective date of the
fees, un less the Board chooses to cha nge i t. Therefore, there is no material fiscal
i mpact associated wi th thi s i tem.
Robert Mescher Mi chael D. Holley
Admini strati ve Services Mana ger General Manager
5. RECOMMENDAT ION
Staff recommends that the Board:
Schedul e a protest hearing on June 8 , 2015 at 5:30 PM to allow AT &T the
opportuni ty to present i ts case for p rotesti ng the Distri ct’s adopted pole
attachment fees.
Hold in abeyance, unti l the protest he aring, the i mplementati on of th e pole
attachment fees that we re adopted by R esolution 2015-03.