HomeMy WebLinkAboutResolution No. 04-49 SOEUTION NO. _ 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, PROVIDING A FLAT RATE EXTENDED AREA
CALLING SERVICE WITHIN THE FRISCO EXCHANGE AND
AUTHORIZE THE CITY MANAGER TO EXECUTE A JOINT
AGREEMENT WHICH AUTHORIZES AN AMENDMENT TO CHANGE
FROM MANDATORY TO AN OPTIONAL EXTENDED AREA CALLING
SERVICE AND THE FLAT RATE FOR SUCH SERVICE; PROVIDE FOR
A PETITION TO THE TEXAS PUBLIC UTILITY COMMISSION IN
ACCORDANCE WITH THE JOINT AGREEMENT; PROVIDING A
REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony, a home rule city under the laws of the State of
Texas; and
WHEREAS, the C of TC is a customer of SBC and desires to become avail itselfofa flat
rate Extended Area Calling Service (EACS); and
WHEREAS, the attached exhibit A is an agreement that provides to joint with other
political subdivisions within the Frisco exchange to provide EACS; and
WHEREAS, the City Council finds that entering into such agreement is in the best
interest of the City.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THAT:
Section 1. The City Manager is hereby authorized to execute the Joint Agreement which
is attached hereto as Exhibit A; and, execute such other documents on behalf of the City of The
Colony to file with the Texas Public Utility Commission which authorizes an amendment to
change from mandatory to provide optional subscription of EACS and the rate in Exhibit A.
Section 2. That all provisions of any resolution of the City Council of the City of The
Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this resolution shall remain in full
force and effect. '
Section 3. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTiVE t __ day _ _~.,...~2004.
65657
J.~ 15i-~ard, Mayor
ATTEST: q~tty of The Colony, Texas
Christie Wilson, City Secretary,
City of The Colony, Texas [CITY SEAL]
R.obe~_E. Hag~,~l~y Attorney
City of The C6f6ny, Texas
(REH/si [6/17/04] 65657)
65657
Project Number
JOINT PETITION OF SOUTHWESTERN BELL §
TELEPHONE, LP. DIB/A SBC TEXAS, §
GOVERNMENTAL REPRESENTATIVES OF THE § PUBLIC UTILITY
FRISCO EXCHANGE AND OTHER INDEPENDENT § COMMISSION
TELEPHONE COMPANIES TO PROVIDE § OF
OPTIONAL TWO-WAY EXTENDED AREA CALLING § TEXAS
SERVICE FROM THE FRISCO EXCHANGE TO §
THE DALLAS METROPOLITAN EXCHANGE §
JOINT AGREEMENT
WHEREAS, the communities in the Fdsco Exchange currently have mandatory, fiat~
rate calling with the Dallas Metropolitan Exchange, including certain surrounding Verizon
Southwest ('Verizon") exchanges (see Attachment C for Calling Area), and now desire optional
fiat-rate calling with the same; and
WHEREAS, the representatives of the political subdivisions coextensive with the
Frisco Exchange, who shall also be designated representatives of the affected exchange herein
and are set forth as signatories in Attachment A (the ~Govemmental Representatives") and
Southwestern Bell Telephone, L.P. d/b/a SBC Texas ("SBC") and other independent telephone
companies in Attachment B have agreed upon the terms and conditions of an Extended Area
Calling Service offedng as described below (hereinafter "EACS"); and
WHEREAS, the proposed calling scope, set forth in Attachment C hereto, of the
EACS has a single, continuous boundary (hereinafter the ~Calling Area"); and
WHEREAS, the Governmental Representatives of the Calling Area believe that the
EACS will provide both economic and social benefits for their communities and constituents,
including SBC's residence and business local exchange telephone customers residing in the
Frisco Exchange; and
WHEREAS, it is the intention of the Governmental Representatives and SBC to
follow the procedures authorized by Section 26.217(b)(8) of the Commission's Substantive Rules
(~the EAS Joint Agreement Rule'), to the extent it remains applicable, for Commission approval of
this Joint Agreement for extended area service ("EAS");
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the parties to
this Joint Agreement do hereby agree and covenant as follows:
1. .The Service. F. ACS is an optional, two-way EAS offering pursuant to which SBC
residence and business local exchange customers within the Frisco Exchange will be
able to call all other telephone customers within the Calling Area for a monthly fiat
rate, as set forth below.
2. Existing Mandatory EACh. SBC customers within the Fdsco Exchange currently
have Mandatory F. ACS which provides for toll-free calling with the Calling Area. Upon
Commission approval, optional EACS will replace the existing mandatory EACS,
and customers in the Frisco Exchange who wish to discontinue subscribing to
EACS may do so and no longer pay the monthly F. ACS rate. For current subscribers
of the mandatory EACS in Fdsco who wish to continue subscribing to EACS, there will
be no change in monthly rates, calling scope, or telephone number(s), as set forth
below. In order to alleviate any concams related to the change in status of mandatory
EACS to optional as PUPA 58.024 may apply, SBC agrees to continue to treat the
two-way EACS in the Fdsco Exchange as a basic network service regardless of its
classification for the duration that the rates for basic network services are capped.
3. ~. Subject to the terms of this Joint Agreement and to
Commission approval, SBC agrees to make EACS available to all residential and
business local exchange customers residing within the SBC exchange of Frisco.
SBC will utilize reasonable efforts to provide F. ACS no later than six months following
a final order of the Commission approving this Joint Agreement (the "Service Date").
If at any point during the engineering and provisioning process SBC determines that
the Service Date may be unattainable, then SBC will promptly advise all parties to the
proceeding of the delays and provide a reasonable estimate of the likely date by
which F_ACS will be available.
4. Filing of Joint Agreement; Commission Approval Proce~ . After execution of this
Joint Agreement by SBC, all necessary Governmental Representatives, and on or
within a reasonable time after its Effective Date (set forth below), SBC agrees to file
this Joint Agreement and to pursue all legal or regulatory procedures reasonably
necessary in its sole discretion to obtain Commission approval of EACS. The
Governmental Representatives agree to support the regulatory procedures by means
of which EACS may be approved and hereby authorize SBC to pursue all necessary
procedures on behalf of the Govemmental Representatives and their constituents
within the Fdsco Exchange to obtain approval of F_ACS.
5. ,Rates for Basic Local Exchanfle Customem Upon Commission approval, SBC
customers in the Fdsco Exchange will have the option to subscribe to EACS and pay
the flat-rate, EACS Monthly Rates (Column "B') in addition to the tadffed Basic Local
Service Rates (Column "AW). Customers who continue subscribing to EACS at their
option will continue to pay the same rates they are paying today (Column =C"):
A B C
Existing Monthly
Basic Local F-ACS Monthly Rates
Class of Service Service Rates Rates (Basic + F_ACS)
Residence
Single Residence $ 8.80 $ 9.60 $18.40
Measured Residence $ 4.40 $ 4.75 $ 9.15
.Business
Single Business $20.65 $24.00 $44.65
Multi-Line Business $24.45 $28.80 $53,25
Measured Business $13.25 $15.90 $29.15
PBX Trunk $31.25 $41.10 $72,35
Hotel Measured $20.65 $24.00 $44.65
6. .EACS Connection Charges, Current subscribers of Mandatory F. ACS in Frisco will
not be billed a charge to remove E. ACS. All other appropriate tariffed service
connection charges found in Section 27 of the General Exchange Tariff will apply
when new service is ordered.
7. .Ballotin~l. This service is optional, therefore no balloting of customers is necessary.
8. Tele;)hone Number Changes. Existing customers of mandatory F_ACS will not be
required to change their telephone numbers in order to continue subscribing to
F_ACS. Customers who choose to remove EACS will be required to change their
telephone number. These customers who require a telephone number change will
.not be billed a telephone number change charge. SBC will offer Number Referral
Service for up to one year at no charge for customers who must change their
telephone number.
9. .N. ofice to Be Provided. SBC agrees to provide notice of the proposed F_ACS
pursuant to the F_AS Joint Agreement Rule, or as authorized by the Commission.
The parties agree to request that the Commission publish notice of the filing of this
Joint Agreement in the Texas Re,qister and provide notice of the filing to the Office of
Public Utility Counsel. SBC agrees to provide written notice of any rate change to the
E-ACS rates, if such rate change should occur within 24 months after the date of this
agreement, to the City Manager of the City of Allen at 305 Century Parkway, Allen,
TX 75013.
10. A, reement May Be W*dJtdrawn; No Changes Wi[bout Agreement of NI Partie ,
The parties agree that any of them may withdraw their agreement to the terms of this
Joint Agreement at any time prior to the rendition of a final order. The parties also
agree that, prior to CommisSion approval, alteration or modification of the terms of
this Joint Agreement by the Commission may only be made upon agreement of all of
the parties. This Joint Agreement is based upon the agreements of the parties and is
not intended to be precedential on any issue expressed herein. Except as provided
expressly herein, this Joint Agreement represents the entire agreement of the parties.
This Joint Agreement may not be modified except by written agreement duly
executed by all of the parties.
11. _J. oint Aoreement Subiect to PURA Section 55 and Coh~i~_~ion Rules, Chapt6,
2--6. This Joint Agreement is subject to approval by the Commission pursuant to the
terms of PURA Section 55 and the Commission's Substantive and Procedural Rules.
After approval, this Joint Agreement and the underlying F_ACS which is intended to
result from its filing (the "Tadffed F_ACS") continues to be subject to PUPA Section 55
and the law of the State of Texas, To the extent that the Tariffed EACS may be
modified under the law of the State of Texas as it may exist in the future, the dght of
SBC and the other parties hereto to apply for such modification, if any, in whatever
method is then available, is hereby reserved.
12. Multi le Counte arts. This Joint Agreement may be executed in several
counterparts, each of which shall be deemed an original, and all of which when taken
together shall constitute but one and the same Joint Agreement.
13. Effective Date. This Joint Agreement is effective as of the first day of Commission
approval (the "Effective Date"), regardless of the date it is signed by the parties or
their representatives.
SOUTHWESTERN BELL TELEPHONE, L.P. d/b/a SBC Texas
By: Carrie Spradley
General Manager-Retail Advocacy
Dated: / /
Attachment A
GOVERNMENTAL REPRESENTATIVES OF THE FRISCO EXCHANGE
by_
Dated: /
Attachment B
VERIZON SOUTHWEST
Name:
Title:
Company:
Date:
Attachment C
,proposed Optional Callin.q Area for the Frisco Exchan.qe
.SBC
All zones of the Dallas Metropolitan Exchange
Allen
Aubrey
yERIZON
Carrollton
Garland
Irving
Lewisville
Dallas-Fort Worth Airport
Piano
Rowlett
Wylie