HomeMy WebLinkAboutRES 2015-03 - BoardAIV] MENDED RESOLUTION No. AU I - 03
ESTABLISHING FEES FOR THIRD PARTY ATTACHMENTS
TO POLES OWNED BY THE TRUCKEE DONNER PUD
WHEREAS, on October 8, 2011, the governor signed AB 1027, which added Sections
9510-9519 to the Public Utilities Code AB 1027 which requires local publicly owned
utilities to make appropriate space and capacity on and in those structures to third party
service providers on a nondiscriminatory basis; and
WHEREAS, AB 1027 allows publicly owned utilities to recover the costs of providing
such space and capacity; and
WHEREAS, Truckee Donner PUD leases available space on its electric distribution
poles to communications providers under long-term agreements; and
WHEREAS, AB 1027, as it applies to the Truckee Donner PUD, requires that the fees
charged by the Truckee Donner PUD for pole attachments be based on Truckee
Donner PUD's "cost of ownership," as that term is defined in AB 1027; and
WHEREAS, AB 1027 states that the pole attachment fees and service conditions
determined pursuant to AB 1027 shall not affect pole attachment agreements executed
prior to January 1, 2012; and
WHEREAS, AB 1027 shall not prohibit a local publicly owned electric utility from
requiring aone-time fee to process a request for attachment, if the one-time fee does
not exceed the actual cost of processing the request; and
WHEREAS, AB 1027 states that a jointly owned pole is not included within the
requirements of this section if a joint owner other that the local publicly owned electric
utility has control of access to the space that would be used by the communications
service provider; and
WHEREAS, AB 1027 states that a local publicly owned electric utility may require an
additional one-time charge equal to three years of the annual fee described in AB 1027,
for attachments reasonably shown to have been without authorization that are
discovered on or after January 2012; and
Resolution 2015-03 1
WHEREAS, Truckee Donner PUD Board memo, which included discussion to establish
the Truckee Donner PUD's various pole attachment fees in accordance with the
requirements of AB 1027, was reviewed and considered by the District at its regularly
scheduled public meeting on January 21, 2015; and
WHEREAS, in conformance with AB 1027, the date of this Resolution is March 18
2015, which is more than 30 days after the public meeting referenced above, and the
effective date of the fees adopted by this Resolution is May 17, 2015, which is 60 days
after the date of this Resolution.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE TRUCKEE DONNER PUD
AS FOLLOWS:
1. An annual fee of $11.14 per foot of pole attachment; and
2. A one-time fee to process a request for new attachments based on actual costs
of $110 per pole attachment is hereby established; and
3. A penalty for attachments, reasonably shown to have been unauthorized and are
discovered on or after January 2012, of three times the annual attachment fee
plus the one-time processing fee of $110 per attachment, is hereby established;
and
4. That true and correct copies of this Resolution shall be kept on file in the Office of
the District, until further amended or replaced, be open to public investigation and
inspection during the regular business hours of such offices; and
5. Constitutionality, severability. If any section, subsection, sentence, clause, phrase,
or word of this Resolution is for any reason held by a court of competent
jurisdiction to be unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining portions of the Resolution. The Truckee Donner
PUD, hereby declares that it would have passed this Resolution and each section,
subsection, sentence, clause, phrase, and word thereof, irrespective of the fact
that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s),
or word(s) be declared invalid; and
6. Effective date. This the date of this Resolution is June 8, 2015, which is more
than 30 days after the public meeting referenced above, and the effective date of
the fees adopted by this Resolution is August 7, 2015, which is 60 days after the
date of this Resolution.
Resolution 2015-03 2
PASSED AND ADOPTED by the Board of Directors of Directors at a meeting duly called and
held within the District on the eighteenth day of June 2015 by the following roll call vote:
AYES: Directors: Aguera, Warmerdam and President Ellis
NOES: None
ABSENT: Directors Bender and Laliotis
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
B y f.V 9 (i � 2:Z
Bob Ellis, President of the Board of Directors
ATTEST:
ors
Resolution 2015-03 3
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