MCI-AG000627T H E - G I T Y - O F
COPPELL AGENDA REQUEST FORM
1�5
x wis , 16 4 CITY COUNCIL MEETING: June 27, 2000 ITEM # 0
ITEM CAPTION:
Consider approval of an Interim Right -of -way Use Agreement between the City of Coppell and
Communication Systems Development, Inc. d /b /a Metromedia Fiber Network Services Texas, Inc. for use of
the right -of -way to install telecommunications lines and related appurtenances; and authorizing the Mayor to
Sim.
APPROVED
BY
CITY COUNCIL
DATE 6 -z1 -nom
SUBMITTED B CAsst. chael A. Martin, P.E.
TITLE: City Engineer
STAFF COMM �_
Robert E. Hager, City Attorney is bringing forth this agenda item for consideration. He will be available to
answer any questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS: �\\k
+\ -BID $
DIR. INITIALS: FIN. REVIEW* CITY MANAGER REVIEW:
Agenda Request Form - Revised 5100 Document Name: #06273
CAL �n '/3/� �'�
MET' MEDIA
F I B E R N E T W O R K
Via Airborne Courier
July 11, 2000
Jim Witt
City Manager
City of Coppell
P.O. Box 478
255 Parkway Boulevard
Coppell, Texas 75019
RE: Interim Public Rigbt Of Way Use Agreement
Dear Mr. Witt:
Enclosed please find a fully executed copy of the Interim Public Right -of -Way Use
Agreement between the City of Coppell, Texas and Communications Systems
Development, Inc. D/B /A Metromedia Fiber Network Services Texas, Inc.
Sincerely,
vette trosser
ontract Administrator
/yk
Enclosure
CC: Robert E. Hager, City Attorney
Metromedia Fiber Network Services, Inc.
360 Hamilton Avenue, White Plains, New York 10601 Phone: 914.421.6700 Fax: 914.421.6777 www.mmfn.com
INTERIM PUBLIC RIGHT -OF -WAY USE AGREEMENT
BETWEEN THE CITY OF COPPELL, TEXAS AND COMMUNICATION SYSTEMS
DEVELOPMENT, INC. DB /A METROMEDIA FIBER NETWORK SERVICES
TEXAS, INC., A CERTIFICATED TELECOMMUNICATIONS PROVIDER
This Public Right -of -Way Use Agreement ( "Agreement ") is hereby made and entered
into by and between the City of Coppell ( "City "), a home rule municipal corporation organized
under the laws of the State of Texas, and acting by and through its City Manager, its duly
authorized agent and Communication Systems Development, Inc. d/b /a Metromedia Fiber
Network Services Texas, Inc. ( "Company ").
The following statements are true and correct and constitute the basis of this Agreement:
A. Company is a Certificated Telecommunications Provider ( "CTP "). A copy of
Company's certificate of convenience and necessity, certificate of operating authority or special
provider certificate of operating authority is attached hereto as Exhibit "A" and hereby made a
part of this Agreement for all purposes.
B. In accordance with Chapter 283 of the Loc. Gov't. Code, a CTP is entitled to
construct conduit, cable, switches and related appurtenances and facilities and excavate within
the Public Rights -of -Way in order to provide telecommunications services other than Cable
Services. Company wishes to excavate in the Public Rights -of -Way in order to provide
telecommunications services other than Cable Services in the City.
C. In accordance with Chapter 283 of the Loc. Gov't. Code, a municipality may
exercise police power -based regulations in the management of the use of its Public Rights -of-
Way by a CTP in order to protect the health, safety and welfare of the public. The City wishes to
set forth reasonable regulations and requirements in this Agreement for the use of the Public
Rights -of -Way by Company and Company is willing to abide by such regulations.
DEFINITIONS
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Access Line shall mean, unless the PUC adopts a different definition pursuant to Section
283.003 of the Texas Local Government Code, the same as in Local Government Code, Chapter
283.
Act shall mean the Federal Communications Act of 1934, as amended by the
Telecommunications Act of 1996.
Affiliate shall mean any individual, partnership, association, joint stock company limited
liability company, trust, corporation, or other person or entity who owns or controls, or is owned
or controlled by, or is under common ownership or control with, the entity in question.
34236
Cable Services shall mean the same as it is defined in the Federal Communications Act
of 1934, as amended by the Telecommunications Act of 1996.
Cable Television System shall mean the same as it is defined in the Federal
Communications Act of 1934, as amended by the Telecommunications Act of 1996.
Certificated Telecommunications Provider shall mean the same as it is defined in the Local
Government Code, Chapter 283.
Company shall mean Communication Systems Development, Inc. d/b /a Metromedia
Fiber Network Services Texas, Inc.
City shall mean the area within the corporate limits of the City of Coppell, Texas.
Director shall mean the Director of the City's Engineering Services Department or
authorized representative.
Facilities shall mean all facilities placed in, on, under or above the Public Right -of -Way
by or on behalf of Company, including, but not limited to, duct spaces, manholes, poles, conduit,
underground and overhead passageways, and other equipment, structures and appurtenances and
all associated physical devices in the Public Rights -of -Way used by Company for purposes other
than the provision of Cable Services.
FCC shall mean the Federal Communications Commission.
Person shall mean an individual, a corporation, a limited liability company, a general or
limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of
business entity or association.
Public Rights -of -Way shall mean the same as it is defined in the Local Government
Code, Chapter 283.
PUC shall man the Public Utility Commission of Texas.
Open Video System shall mean the same as it is defined in Title 47, Code of Federal
Regulations, Section 76.1500.
2. PERMIT
Company shall not initiate or have initiated any kind of construction, installation,
maintenance, repairs or other work that requires the excavation, lane closure, or other physical
use of the Public Rights -of -Way unless company first obtains a respective permit ("Permit")
from the Director. The City will provide the Permit to Company free of charge following (i) full
compliance with the prerequisites set forth in Section 3 of this Agreement and (ii) the Director's
review of Company's Permit application within a reasonable time following its submission to the
Director.
2 34236
3. PREREQUISITES TO ISSUANCE OF CONSTRUCTION PERMIT
3.1 Registration.
In order for the City to know which CTPs own Facilities in the City's Public
Rights -of -Way, Company shall register with the City Manager and provide the following
information at a minimum: (i) Company's name and (ii) the current name, address, and
telephone number(s) of a contact employed by and with binding and decision- making
authority for the Company and who is available twenty -four (24) hours per day.
Company shall update and keep current its registration with the City at all times.
3.2 Application.
Company shall submit an application for a Permit, including plan documents, to
the Director at least ten (10) working days prior to the commencement of the respective
use of the Public Rights -of -Way except (i) where waived by the Director in writing or (ii)
in the event of an emergency response related to an existing Facility owned by Company.
The Permit application shall include the following information at a minimum: (i) the
name of Company; (ii) the current name, address and telephone number(s) of a contact
employed by and with binding and decision - making authority for the Company and who
is available twenty -four (24) hours per day; (iii) the name, address and telephone
number(s) of any contractor or subcontractor that will be performing work in, on or
above the Public Rights -of -Way; (iv) the proposed location of any construction and route
of all Facilities that Company intends to install in, on, or above the Public Rights -of-
Way; (v) the construction and/or installation methods that Company intends to employ in
order to protect existing structures, fixtures and facilities within or adjacent to the
portions of the Public Rights -of -Way that will be affected by Company's respective
project; (vi) the dates and times that Company wishes to use the Public Rights -of -Way;
(vii) shall submit detailed engineering drawings to scale, no larger than 24" x 36" which
depicts the Right of Way width, street width and the location of the water, sanitary sewer
and storm drainage systems currently located in such Right -of -Way; and (viii) proof of
insurance and bonding requirements as required by applicable City Ordinances. Upon
completion of construction, Company shall provide the Director copies of the "as built"
documents for each installation in the Rights -of -Way.
3.3 Executed Public Right -of -Way Use Agreement.
Company shall provide the Director with a fully executed copy of this Agreement
upon submission of Company's Permit application.
3.4 Compliance With All City Ordinances.
Company agrees to comply with all City Ordinances on construction in the Public
Rights -of -Way, and such ordinances the Company acknowledges it has either reviewed
or had an opportunity to review.
34236
4. MUNICIPALITIES
4.1 Sunset.
Company shall pay the City a quarterly fee calculated monthly and based upon
the Access Line rates for the City adopted by the PUC in accordance with Section
283.055 of the Texas Local Government Code. This Section 4.2 shall not abrogate or
affect Company's obligation to pay the City the Fee calculated in accordance with
Section 4.1 for the period of time between the effective Date of this Agreement and the
date on which the PUC adopts Access Line rates for the City.
4.2 When Due.
Company shall pay the Fee on a calendar quarterly basis to the City at the address
provided in Section 7 of this Agreement. The Fee shall be due within forty -five (45) days
following the last day of each quarter.
5. TERM
This Agreement shall become effective on the date of its execution ( "Effective Date "),
and shall terminate upon the effectiveness of a City ordinance governing the use of the Public
Rights -of -Way by CTPs and other public utilities.
6. CABLE SERVICES AND OPEN VIDEO SYSTEMS PROHIBITED
Company shall not provide Cable Service or an Open Video System through its Facilities
or initiate construction of Cable System or Open Video System in the Public Rights -of -Way
without a franchise awarded by the City in accordance with the Act.
7. NOTICES
Any notices required pursuant to the provisions of this Agreement or provided by the
City or Company to the other shall be (i) hand - delivered to the other party or (ii) mailed through
the United States Postal Service, postage paid, certified mail, return receipt requested, addressed
as follows:
TO THE CITY:
Jim Witt, City Manager
City of Coppell
P.O. Box 478
255 Parkway Boulevard
Coppell, Texas 75019
WITH A COPY TO:
Robert E. Hager, City Attorney
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
4 34236
TO COMPANY:
John McLeod
Vice President and General Manager
Metromedia Fiber Network Services, Inc.
Two Lincoln Centre
5420 LBJ Freeway, Suite 350
Dallas, Texas 75240
8. COMPLIANCE WITH LAWS
Company agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City, and all rules and regulations established by the Director in order to
protect the public health, safety and welfare.
9. NO WAIVER
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the
law, shall not constitute a waiver of the City's rights to insist upon appropriate performance or to
assert any such right on any future occasion.
10. GOVERNING LAW AND VENUE
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. If any action, whether real or asserted, at law
or in equity, arises out of the terms of this Agreement, venue for such action shall lie exclusively
in state court located in Dallas County, Texas, or the United States District court for the Northern
District of Texas, Dallas Division, unless otherwise provided by law.
11. CONFERENCES
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement or
Company's use of the Public Rights -of -Way.
12. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a
final order entered by a court of competent jurisdiction, the validity, legality or enforceability of
the remaining provisions shall not in any way be affected or impaired. For purposes of this
Agreement, a court order shall be final only to the extent that all available legal rights and
remedies pertaining to such order, including, without limitation, all available appeals, have been
exhausted.
5 34236
13. HEADINGS NOT CONTROLLING
Headings and titles that are used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
14. ENTIRETY OF AGREEMENT
This Agreement contains the entire understanding and agreement between the City and
the Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions
of this Agreement. This Agreement shall not be amended unless agreed to in writing by both
parties.
CITY OF COPPELL, TEXAS
ATTEST:
By
Libby Bal City Secretary
APPROVED ORM:
By:
Robert E. Ha r, City Attorney
COMMUNICIATIONS SYSTEMS
DEVELOPMENT, INC. d/b /a
METROMEDIA FIBER NETWQI
SERVICES TEXAS, INC. /T11
By:. ,�
Name:
Title:
6 34236
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Robert E. Hager Attorneys & Counselors at Law
E -mail: rhager @njdhs.com 1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965 -9900
Fax(214)965 -0010
E -mail NJDHS @NJDHS.com
July 14, 2000
Mr. Michael A. Martin
Assistant City Engineer
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019
RE: Right Of Way Use Agreement
Dear Mike:
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
Enclosed herewith is the Metromedia Fiber Network signed Interim Use Agreement for
permission to use the City right -of -way for installation of fiber optic lines within the City of
Coppell, Texas. Please keep this on file for your reference.
We will provide a copy of this with this letter to the appropriate people in Vivyon
Bowman's Office so that they may keep the Telecommunication Board apprised of this matter.
Very truly yours,
NICHOLS, JACKS , DILLARD,
HAGER & S H L.P.
By:
Robert E. Hager
REH/ev
Enclosure
cc: Vivyon Bowman
34981
September 15, 2000
Mr. Michael A. Martin
Ass't. City Engineer
City of Coppell
P O Box 478
Coppell, TX 75109
�1
SCHRADER & CLINE, LLC
RE: Change of Name of Certificated Telecommunications Provider
Dear Mr. Martin:
For your information and records, certificated telecommunications provider Communication Systems
Development, Inc. d/b /a Metromedia Fiber Network Services Texas, Inc. has recently changed its
name to Metromedia Fiber Network Services, Inc. By Notice of Approval dated July 24, 2000,
(copy attached), the Public Utility Commission of Texas approved an amendment to the company's
Service Provider Certificate of Operating Authority (SPCOA) No. 60220 to reflect the name change.
In the event your records do not already reflect the following information, please deliver any future
notices to Metromedia Fiber Network Services, Inc. at the following addresses:
Metromedia Fiber Network Services, Inc.
ATTN: Vice President — Legal Affairs
360 Hamilton Avenue
White Plains, NY 10601
With a copy to:
Metromedia Fiber Network Services, Inc.
ATTN: Director of Network Operations
Two Lincoln Centre
5420 LBJ Freeway, Suite 350
Dallas, TX 75240
Thank you.
Very truly yours,
Larry D(Cjline
cc: Mr. Robert E. Hager, City Attorney
C C : U- SA-azr '9 �A,ta'
4800 Bxonow,c4 SUITE ADDisoN, TE$s 75001 (972) 661 -1973 Fnx (972) 386 -8008 e-mail schcli @swbell.net
Pat Wood, M �►
CIRArman
Judy Walsh
Commissioner
Brett A_ Perlman
ccmmiStioner .Public Utility Commission of Texas
W. Lane Lanford
F.zecutwr Dtrestor
TO: Jesus Sifue itcs
Casey Gertz & 3 -Pa rtes, LLP
919 Cocgress Ave, Suite 1060
Ans6x6 TX. 73704
O -
A. N1
P'
Office of Regulatory Affain — Telecomn„ mica -d Jndustry Analysis
Office ofRegulawry Affairs - i.ergal
RE: Docket No. 22658 —Application of Corarn:Aicatiorrs Systems Development, Ina for an
AmrAdmenr ro i!s Service Provider Cerrif c&e of operating Anlhar'isy
N0110E OF APPROVAL
This Notice -approves the application of Communicaticns Systems Develop==it, Inc. (the
Applicant) filed on Jcme 12, 2000, for an amendment to its service provider ceraficate of operating
authority (3PCOA) No. 60220` to reflect a change in ownership /control to Metromedia Fiber
Network Services, Inc., as the result of a merger between. the Applicant and Metromedia Fiber
Netwoek Services, Inc., thereby changing the nm= on the certificate to Metromedia Fiber Network
Services, Inc. The docket was processed in accordance with applicable statutes and Commission
rules. The Co=dission provided notice of the application to intcrented parties. More *an 30 days
love passed since the completion of notice. No protests,, motions to intervene, or requests for hewing
weee fled. Ibc Applicant and the Commission's Office of Regulatory Affairs (ORA) are tin only
parties to the pro(=din,.g. ORA recommends approval of the application, as amended- The
application, as ameadedd, is hereby approved.
1 G=IGd in 'iRF1 carton of Co+rar•.un?ea.don Sys.encs Devefppmara,- Ire- for a Service Provider C—ifi- a &J-
Operating Autnoftey, Docket Rio. 19457 (Jan. 12, 1999), and amended in :.)rd, on .Rc caring, Docket No• 19957
(Feb. 19,1999). M�ofl��r ��
ammo 9 c* op
1101 N. Conn esa revenue PO Box 13326 Austin, '? X '18711 5121936 -7000 Fax: 5121936 -7002 web site: www.puczWe_t Lus
DoC iM, T NO. 22658 NonCE OF APPROVAL PAGE 2 GF S
Staruto Fin
1. The application complies with PUItk § 54.154(b).
2. The .Appl-icara is entitled to approval of this application, 'having demonstrated the
iir�al and technical qualC41cations to provide the proposed serAces, and the ability
to provide the no=ssarf quality of service to its customers, as regairr..d by PL7P.A
§§ S4.154(b) and54.15S(b).
3. The Applicant is not precluded from providing service wader an SPCOA by PURA
§§ 54201 or 54.152_
4. The Applicant is currently authorized to provide facilities - based telecommunications
se:rvi� for the geogmpbic area of the entire state oFTexas (authorized service area)_
5. The Applicant requests to amend its SPCOA to react a clmge in ownership/control
to Metromedia Fiber Network Services, Inc. (MFNS), a wholly -owned subsidiary of
Metramedia Fiber Nctwork, Inc, as a result of a merger between the Applicant and
NIFNS, d=&by clianging the mane on its certificate ate to MFN"S (proposed services).
6. The Applicant is a Illinois corporation; formed on February 9, 1996, with authority to
transact business in the state of Te= s,. 1 k� S, a wholly -0wned subsidiary of
Metr=edia Faber Network, Inc., is a Delaware corporation fc=cd on June 9, 1999,
with authority to transact business in the state of Taxa
7. nc parent company of MFNS is Metr=edia Fiber Netwot3r, Inc., whose primary
business interest is as a facilities based provide- of technologically advanced,
high - bandwidth, fiber optic communications infrastruntwre to communications
carries and :orpomtc and government customers.
z The Public i![ilitY R.1platory ACt, TEx. UTIL. CODE ANN. 14 11.001 — 64.I53 (Vernon 1998 & SuPp_ 2000)
(PURA).
DO 'KET NO. 22658 NOTYCE OF APPROVAL PAGE 3 OF 5
$. The Applicant has no affiliatos that are public utilities or that are providing
tdCCC=uniCations services_
9. The Applicant has authority to provide telec=rrnunieations services in Illinois.
Missouri and Texas. MFNS has authority to provide telecommunications services in
Arizona, California, Colorado, Cooecticut, Delaware, Florida, Georgia, Illinois,
Kansas, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New
Fork, Ohio, Oregon, ?=msy?varia, Rhode Island, Utah„ Virginia, Washinbton,
Washington, D.C, and Wisemzsia MEN oi' V irginia- , L.L.C. is authorized to ,provide
;telecommunications services in Virginia.
10. Tht Applicant nor any affiliate has ever had any permit, license, or ccrtif sate denied
or - evokrd by any state.
11. The Applicant provides telecommunications services in Texas as a result of its
SPCOA No. 60220. MFNS provides telecommunications service in California,
Connecticut, Illinois, Maryland, Massa m, New S=ey, New York,
Pennsylvania, Virginia, and Washington, D.C. 147 N of V- uginia, L.L.C. provides
telecommunications se: vice in Virginia.
Complarnf History _
12. 113e Office of the Texas Attorney General reported no complaints registered against
the Applicant or its afMiates.
13. The Commission's Office of Customer Protection (OCP) reported one complaint
registered against the Applicant in Fiscal Year 1999, aIleging slarnzning. The
complaint was not forwarded for mvcstigatien.
14. The Texas Comptroller's Office stated that tine Applicant and MANS are in
compliance with its statutes and rules. ti1PNS indicated through its responses to the
Commis.-ion's Service Quality Questionnaire that it wiU continue to meet the quality
of service standards.
DI1CKE'T NO. 22658 NOTICE OF APPR.ON"AL PAGE 4 OF 5
Ordering Para hs -
I. -rhe application of Communications Systems Development, Inc. to amend its
facilities -based service provider certificate of operating authority (SPCOA)
No- 60220 is approved. Cormnunications Systems Development, Inc.`s SPCOA
No. 60220 is am=ded to rsL ect the change in owneraWcontrol to Metromedia
Fiber Network Services, Inc., as the result of a merger between CommMications
Development, Liz, and Metromedia Fber Network Sea vices, Inc, thereby
cr oozing &.e name on the certificate to Metromedia Fiber Network Services, Inc.
2. The Applicant shall be bound by requirements of P.LI_C. SUBS-T. R. 26.111. -Service
under this certificate shall be provided ezclusivcly in the flame undue which the
certificate was granted by the Commission.
3. The Applicant shall provide a copy of its application and/or the C',0mrni$$i0es Notice
of Approval, in accordance with the i 4vidoal entities requirements, to all affected
9-1 -1 entities prior to providing service to those entities.
4. The Applicant shall file any future cbauges in address, contact reprrse%atative, and/or
telephone numbers in Project Number 19421, Notification of Changes in Address,
Contact Representative and/or Telephone Nwnbers Purswnr ro P.U.G SUBM
R 26.107.
5. The Applicant's provision of local telephone service to cad- users, whether by its own
fac�J.ities, flat ratc resale, or usage sensitive loop, mast also include "9 -1 -1"
emergency telephone service at a level required by the applicable rzgioral plan
followed by local telephone service providers under Chapters 771 and 772 of the
TMM Health and Safety Co&, MDc. H:Ea,LTH & sArmy coo ANN. § 771.001 et seq.
(Vernon 1998 &. Supp. 2000) (the Code) or other applicable law, and any applicable
rules and regulations implementing those chapters. no Applicant shall ddigeutiy
work with the Advisory Commission. on State Emergeacy Communications, local `°9-
1 -1" entities, and any other agencies or entities authorized by Chapters 771 and 772
of the Code to ensure that all -9-1-1 - emergency services, w; .ether provided through
the certificate holder's owr, facilities, flat-Tate resale, or usage sensitive loop, are
provided in a mmmer consistent with the applicable regional plan followed by local
DOCKET NO. 22658 NOTICE OF "PROYA,.L PACE 5 OF S
tt:jcphonc service providet -s Udder CbaptcYS 71 or 772 of the Codc or other applicable
law and any applicable rules and rego]ations implementing those chapter T}�.
Applicant shall diligently work with the "9 -1 -1" entities to pursue, in good faith, the
mutually agreed goal that the local "9 -1 -1" entities and em.e;gency se'vicc providers
mcperienee no increase is their current lcvel of rates and, to the ext=t technically
f azible, no degradation in services as a result of the ce:tincation granted herein and
the involy=xnt of the certificait: holder in tlx provision. of "9 -1 -1" emergency
se; ce_
6. The Applicant has committed to and is bo=d by the quality of service requir=emts
set forth in the Quality of ScMce Questionnaire. The undeziying incumbent local
exchange companies (ILECs) continue to be bound by the quality of service
regtiireme:nts conba zcd in P.U.C. SUBSr. R. 23.61. Approval of the SPCOA
application does not expand the scope of the imderlying ILEC's obligation to its own
customers_
7. All other motions, requests for entry of specific findings of fact znd conclusions of
law, and any other requests for general oT specific relief; if not expzessly granted
herein, are hereby denied for want of merit.
SIGNED AT AUSTIN, TES! S the day of X*, 2000.
TY CONMaSSION OF TEXAS
INMI R. DODSON
ARNEVIS1CRATIVE 1AW J MGE
OFFICE OF PODICY DEVEYANT
q:Lhuetidockefeoa.peeai=59app dog
June 14, 2000
Mr. Michael A. Martin, P.E.
Assistant City Engineer
255 Parkway Blvd.
P.O. Box 478
Coppell, Texas 75019
Dear Sir:
I am writing you on behalf of Metromedia Fiber Network. They are in the process of
obtaining an Interim ROW Use Agreement with the city of Coppell. The Agreement is
going in front of the City Council on June 27. Recently a representative of Schrader &
Cline, LLC spoke with Kent Collins from the City of Coppell. Kent suggested, in order
to expedite the permit approval for the fiber route from the MFN backbone at the
intersection of Beltline Road and Lakeshore Drive to the PSINet building at 1333
Crestside Drive that we take the following steps.
1. Complete the permit application.
2. Submit completed plans.
3. Include a cover letter asking the City to review the drawings with the
understanding that work cannot begin until Council approval of the Interim ROW
Use Agreement.
The completed plans and permit application form, were, submitted to the City on May
26. OSP Consultants understand that no permit can be issued before Council
approval of the ROW Use agreement. This letter is to request review of the drawings
for preliminary approval so OSP Consultants can make revisions if necessary before
the Council meeting. 1 thank you for your attention on this matter. Please contact me
by e-mail at jpdillon @mail.osp.com if you have any questions or drawing revisions.
Again, I thank you for your help.
Sincerely,
James P. Dillon
Senior Engineer