Qwest-CS010418 Cynthia A.Daniel
Right-of-Way and Real Estate
13952 Denver W.Pkwy,Bldg 53#200
Golden,Colorado 80401
(303)445 7031
rill fit t( 1
Qwest.
April 18, 2001
Robert E. Hager
Representing the City of Coppell, Texas
Nichols, Jackson, Dillard, Hager& Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
RE: City Proposed Telecommunications Ordinance
Dear Mr. Hager:
Jim Campbell, Executive Director, Qwest Communications Corporation ("Qwest"),
Regulatory and Public Policy Law, and I have reviewed the proposed ordinance. I
previously requested information concerning public hearings and comment period but
did not hear anything and can only assume that you have not set those dates or
deadlines. Therefore, we have written our comments and I have enclosed them.
We have decided that it is unnecessary to try to conclude an interim agreement
considering you are trying to pass the new ordinance at the May city council meeting. Is
that still your goal?What is the date of that meeting?
I appreciate that you so promptly provided us with this information. I hope our comments
are helpful to you. Jim or I look forward to hearing from you soon to discuss these
comments and to begin the final city telecommunications agreement process. Jim may
be reached on 303 896 1208 and I am available on 303 445 7031.
Best regar• ,
i
Cynthia . Daniel
Right-. '- ay and Real Estate Consultant
cc: Jim Campbell
Enclosures: (2) Qwest Comments and Certificate of Insurance Copy
rule the Hilt
Qwest.
,_
COMMENTS FOR DISCUSSION
TO THE
CITY OF COPPELL, TEXAS
FROM
QWEST COMMUNIATIONS CORPORATION
QNCS RIGHT-OF-WAY & REAL ESTATE DEPARTMENT
AND
REGULATORY, COMPLIANCE, AND PUBLIC POLICY OFFICE
TO THE CITY OF COPPELL'S
PROPOSED ORDINANCE TO AMEND CHAPTER 6
Please be aware that Qwest should and will reserve all rights it may have to contest any term or condition
contained in the City Ordinance and appendices, which is inconsistent with applicable state or federal
law. In any communication with the City, written or oral, regarding these ordinances, this should be made
clear to the city. The attached comments are only meant as the beginning of negotiations with the City
and should not be interpreted as the final position of Qwest relating to these matters.
1. Page 2, Section I, Item 1.
This section is covered in general corporate law and is redundant if included in the
Ordinance. Qwest will provide a copy of its 10K SEC filing. This should contain
sufficient information for the City.
2. Page 5, Section 6-14-2, E, Item 2.
Please add "reasonable" before "due diligence."
3. Page 5, Section 6-14-2, F & G, Entire Segment F & G
If a company fails to cure a negligent act, this is a problem but not a criminal
offense. Qwest should not be held to criminal standards for negligent acts or
omissions which result in a violation of the Agreement.
4. Page 5, Section 6-14-2, H
Delete first sentence.
5. Page 5, Section 6-14-2, J
Add the following to the end of the first sentence:
", but in no event less than thirty (30) days from the date notice of such violations
received by the director.
6. Page 6, Section 6-14-3, Item 2
Qwest I
Last sentence concerning automatic Abandonment is inappropriate. If registration is
overlooked, notice is sent out but not properly received or internally routed, this
could cause unintentional abandonment. Additionally, 30 days is an extremely short
time to establish abandonment.
7. Page 6, Section 6-14-3, Item 4 (g)
Requested two names and numbers are unnecessary for most telecommunications
providers as almost all, if not all, have 24/7 control centers and most do not require
the name of an individual. The Qwest National Control Center is the number Qwest
gives as a 24-hour/ 7-day per week contact and number. It is a toll free number.
8. Page 7, Section 6-14-3, Item 4 (b)
Does this exempt the incumbent telephone company from being subject to these
regulations? If so this could be considered a barrier to entry and illegal under
Section 253 of the Federal Telecommunications Act of 1996.
9. Page 8, Section 6-14-4, A, 1
Add "rights-of-way" after"public"
10. Page 8, Section 6-14-4, A, 3
Add a sentence between the two existing:
"However, the director may not require that the service provider change its existing
mapping format, or initiate a new mapping methodology or system."
11. Page 8, Section 6-14-4, B
Add "written" in line four before the word "consent"
12. Page 9, Section 6-14-5, C, 3
Delete first sentence. The "one-call" program in Texas should be more than
sufficient to provide the protection and notification that this intends.
13. Page 13, Section 6-14-5, H
Add "To the extent this is consistent with applicable state and federal law and
regulation" to the beginning in front of"The director..."
14. Page 14, Section 6-14-5, 5(g & h)
Delete. These issues are already addressed in the routine practice for plan review
and permitting in the public works department. As written, they are too broad.
15. Page 14, Section 6-14-5, (I), 3
The "fails to comply with an order or regulation of the director" is extremely vague
and broad and should be eliminated entirely.
16. Page 16, Section 6-14-5, (I), 5
Delete. This section assumes all ordinances are relative. The city public works
department should have a process to ensure applicable standards and ordinances
are made known to applicants.
17. Page 16, Section 6-14-5, (k)
Line 3, delete "only if an extreme hardship exists and" and replace with "as long as"
Qwest 2
18. Page 18, Section 6-14-7, B, 2
A moratorium results in a violation of Section 253(a) of the Federal
Telecommunications Act of 1996 and constitutes a barrier to entry.
19. Page 19, Section 6-14-7, D, 2
Add, " performed by the Licensee" or "performed by the Service Provider" after
"permitted construction" in line two.
20. Page 23, Section 6-14-11, B, 2
The city has no authority to restrict Qwest or any provider to their rights-of-way. If a
provider inadvertently encroaches upon private property or obtain private
easements, this is strictly an issue between the landowner as grantor/lessor and
service provider as grantee/lessee and restricted only by the land laws and
regulations of the State of Texas.
Qwest would like to participate in any public comment period or public meetings of the
city council concerning this proposed ordinance. In addition, Qwest reserves the right to
make additional comments to the proposed Ordinance as the business clients review
this regulatory scheme further. Please sent notice to:
Jim Campbell, Executive Director
Regulatory, Public Policy and Law Department
Qwest Communications Corporation
1801 California Street, 47th Floor
Denver, Colorado 80202
(303) 896 1208
And to:
J. L. Shives, Assistant Vice President
Right-of-Way and Real Estate
Qwest Communications Corporation
13952 Denver West Parkway, Bldg. 53, #200
Golden, Colorado 80401
(303) 445 7006
Address questions or comments concerning these comments to Jim Campbell as listed
above or Cynthia Daniel, Right-of-Way and Real Estate Dept., (303) 445 7031.
Qwest 3
gCERTIFICATE NUMBER ..
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
The Financial Center POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
1215 Fourth Avenue,Suite 2300 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Seattle,WA 98161-1095 COMPANIES AFFORDING COVERAGE
Attn:Kathy B.Hariri(206)613 2625
COMPANY
QWLCI-01245-QW_PP- A LUMBERMENS MUTUAL CASUALTY
INSURED COMPANY
QWEST COMMUNICATIONS CORPORATION B
1801 CALIFORNIA STREET
SUITE 1150 COMPANY
DENVER,CO 80202 C
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THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
A I GENERAL LIABIUTY 5AA045405-00 04/01/01 04/01/02 GENERAL AGGREGATE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000
MAI CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000
X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 1,000,000
MED EXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
(Per accident)
NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: A " .. ,.... "
w o.
.fir .
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND WC STATU- OTH
EMPLOYERS'LIABILITY TORY LIMITS ER
EL EACH ACCIDENT
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
THE CITY OF COPPELL,TEXAS IS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED AS
REQUIRED BY WRITTEN REGARDING GENERAL LIABILITY COVERAGE.
FORM CG 2026 IS ATTACHED.
i' !ITIWAxa+" ` .. . �, .,:..,..... W•MRSU
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL____311 DAYS WRITTEN NOTICE TO THE
THE CITY OF COPPELL,TEXAS CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES.
MARSH USA INC.
BY: Sandra J.Dittman � •
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