HomeMy WebLinkAbout8-24-2006-12.04 - Resolution - 08/24/2006 RESOLUTION NO. 8 -24- 2006 -12.04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DECLARING THE ESTABLISHMENT OF UNIFORM POLE ATTACHMENT
RATES AS REQUIRED BY SECTION 54.204(c) OF THE TEXAS UTILITY CODE.
WHEREAS, Section 54.204(c) of the Texas Utility Code requires municipalities to charge
communications providers a single, uniform rate for pole attachments regardless of the nature of
the services provided; and
WHEREAS, the City Council of the City of College Station, Texas, desires to implement the
requirements of Section 54.204(c); now, therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council hereby defines the following:
a) "Communications Provider" includes a cable provider, certificated
telecommunications provider, and any other entity providing voice, video,
cable, data, interne, or information transmittal services to the general
public. The term does not include the City or a governmental entity
providing governmental services.
b) "Telecommunications Carrier" shall have the meaning assigned to such
L term by Title 47 U.S.C. 153.
PART 2: That the City Council hereby determines the pole attachment rate as $15.10
and also hereby authorizes the City Manager or designee to determine the
future single, non - discriminatory, competitively neutral pole attachment rate
to be charged for each pole attachment, regardless of the nature of the service
provided. Such pole attachment rate shall not exceed the maximum rate the
municipality would be permitted to charge a telecommunications carrier under
the Federal Communications Commission's rules implementing subsection (e)
of 47 U.S.C. 244 if the municipality's pole attachment rates were regulated by
the FCC;
PART 3: That if a communications provider is a party to an existing pole attachment
contract with the City, the pole attachment rate determined under Part 2 shall
be applied to such communications carrier's pole attachments in a manner
consistent with the terms and conditions of the existing contract.
PART 4: That the pole attachment rate shall be in addition to any other fees, charges, or
costs required to be paid by or assessed against a communications carrier
pursuant to its pole attachment contract or any other Code section or law.
PART 5: That this resolution shall take effect immediately from and after its passage.
L
(kbp, ADOPTED this 24 day of August, A.D. 2006.
ATTEST: APPROVED:
C ovistz .44
CONNIE HOOKS, City Secretary RON SILVIA, Mayor
APPROVED:
.= gned • l a Car i
� Si gned .y y g
VTx " r auth : c y v4
City Attorney
L
L