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HomeMy WebLinkAbout2020-095 5G and Internet UpdateNovember 6, 2020 Report No. 2020-095       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide information regarding 5G and other high-speed internet services in Denton. DISCUSSION:  During the Municipal Broadband Work Session report on October 20, 2020, the City Council requested information about various items related to current high-speed internet options that are currently available in Denton, and potential plans for 5G services in the City. Current High-Speed Internet Options Most of the City of Denton is serviced by Charter Spectrum and/or Frontier Communications through cable and fiber lines that provide high-speed internet directly to residents. There are sections of the City that are serviced by Grande Communications (in Robson Ranch), and staff is aware of a small section of the Preserve at Pecan Creek which is currently coordinating with Lumen Technologies (formerly CenturyLink) to acquire services. The table below shows a summary of available speeds for these companies with the advertised rates (as available in Denton): Frontier Communications Download Speed Upload Speed Price Notes 50 mbps 50 mbps $29.99/month plus fees and taxes 500 mbps 500 mbps $39.99/month plus fees and taxes 1000 mbps 1000 mbps $74.99/month plus fees and taxes Charter Spectrum Download Speed Upload Speed Price Notes 200 mbps 200 mbps $49.99/month plus fees and taxes “Internet” plan 400 mbps 400 mbps $69.99/month plus fees and taxes “Internet Ultra” plan 940 mbps 940 mbps $109.99/month plus fees and taxes “Internet Gig” plan November 6, 2020 Report No. 2020-095       Grande Communications Download Speed Upload Speed Price Notes 50 mbps 5 mbps $29.99/month plus fees and taxes 300 mbps 20 mbps $35.99/month plus fees and taxes 600 mbps 35 mbps $49.99/month plus fees and taxes Residents who are curious about which providers are available in their area may visit the FCC broadband map, where they may input their address to determine their options. The map also provides the user with other satellite providers that may offer services to them. During the Work Session on October 20, the City Council also asked if any of the providers offered any aide to customers who are being affected by COVID-19. Charter Spectrum provided a press release that outlines their Spectrum Remote Education program which offers 60 days of free internet access to new customers with K-12 students, college students or educators, as well as their Spectrum Internet Assist program that offers low-cost internet for free and reduced lunch student households. Additionally, Charter provides the opportunity for local ISD’s to connect students, educators and school staff working from home to broadband services through their Stay Connected program. Frontier Communications provided staff information that they are participating in the Federal Lifeline program and offer the Federal Lifeline credit to low income phone and broadband customers who qualify for the program. Requiring Broadband Infrastructure There is not a requirement in the Denton Development Code or any other City of Denton ordinances that requires broadband infrastructure or service to be provided to a development. Generally, the individual developer negotiates with a provider to extend service to new development depending on whether the development falls into a provider’s district. The City Council requested information about whether conduit or other infrastructure could be required to be installed during construction that would facilitate a company to provide services to a neighborhood. Nearby, Celina, TX passed an Ordinance in 2017 (Attachment 1) that requires the installation and construction of a fiber optic system and infrastructure as part of their development process. If a consensus of Council agrees to, staff can further investigate establishing a similar ordinance in Denton. This would include research of other city’s ordinances and best practices, receiving feedback from the development community, and assessing any legal considerations for such a requirement. Following these assessments, staff November 6, 2020 Report No. 2020-095       could then bring forward a work session item to the City Council and/or Planning and Zoning Commission for discussion. 5G Service – In general Fifth Generation Technology (5G) is the latest generation of internet technology, which comes in the form of nodes, also known as small cells. Like prior networks, 5G wireless devices in a cell are connected to the Internet and telephone network by radio waves through a local antenna in the cell. Each small cell has a coverage area of about 300-500 feet, meaning full, uninterrupted coverage will require a grid of nodes spaced 300-500 feet apart. The small cells can be attached to the outside of existing structures such as buildings and poles, or providers can install poles with the small cell equipment embedded inside the poles. These networks are expected to have higher bandwidth, giving higher download speeds, possibly up to 10 gigabits per second. Because of this bandwidth, the 5G network will be able to service more than only cell phones or tablet computers, but will also be able to provide service to residences using a receiver in the building that will turn that 5G wave into usable WiFi within the home or business. It is also possible that in the future, home electronics would be equipped to be 5G compatible. Various providers are investing in this network throughout the Country and have generally targeted larger population centers to deploy the technology at the beginning of the rollout. Notably, Verizon has launched a service called 5G home in parts of five cities (as of April 2020) – Los Angeles, Sacramento, Houston, Indianapolis, and Chicago. Verizon’s product used a “5G Internet Gateway” which serves as both the receiver and router. Currently, Verizon’s typical speeds for this are around 300 Mbps and costs $70/month where available, and current Verizon mobile customers can receive a $20 discount. T-Mobile Home Internet also has limited availability in select markets and is available on the LTE network currently (5G still in development). This service costs $50/month and offers speeds of 25mbps or more. 5G Service – In Denton Denton has been chosen as one of the select few cities to be amongst the first to have 5G technology available. Denton has been excepting permit applications since January of 2020, and to date has issued 70 permits for small cell pole structures. At the cost of the provider, the pole tops will be fitted with an arm and luminaire, increasing our streetlight coverage as networks increase their 5G coverage. All providers are encouraged to apply for permits, however Verizon has been the most active applicant to date. Their plans that have been submitted to the City includes build out coverage in November 6, 2020 Report No. 2020-095       central and downtown Denton through 2021, with expansion of the network planned thereafter. Staff will continue to receive permit applications and monitor the 5G network buildout in the City. ATTACHMENTS: 1. Celina Ordinance STAFF CONTACT: Stuart Birdseye Assistant to the City Manager Stuart.Birdseye@cityofdenton.com (940) 349-8009 REQUESTOR: City Council Meeting PARTICIPATING DEPARTMENTS: City Manager’s Office, City Attorney’s Office, Development Services, DME, Public Works STAFF TIME TO COMPLETE REPORT: 5 hours City of Celina, Ordinance No. 2017-___________ Page 1 CITY OF CELINA, TEXAS ORDINANCE 2017-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CELINA, TEXAS, REQUIRING INSTALLATION AND CONSTRUCTION OF A FIBER OPTIC SYSTEM WITHIN THE CITY OF CELINA AND ESTABLISHING STANDARDS FOR THE INSTALLATION AND CONSTRUCTION OF THE FIBER OPTIC SYSTEM; PROVIDING FOR INCORPORATION OF FINDINGS; PROVIDING FOR AMENDMENT TO THE CODE OF ORDINANCES; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, AND SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Celina, Texas (“City Council”) has investigated and determined that expanded broadband access via a fiber optic network in the City of Celina, Texas (“City”) is a fundamental aspect of the infrastructure required to educate youth, create jobs, promote public safety, improve citizens’ standards of living and deliver essential services such as health care; and WHEREAS, requiring conduit to be installed as part of public improvements projects or developments in order to accommodate anticipated future demand for access to internet and telecommunications services will assist the City in responsibly managing such facilities and areas by reducing or eliminating the need for excavation within public streets and rights-of-way when telecommunications service providers seek to locate underground telecommunications facilities within such streets and public property, easements and rights-of-way in the future; reducing or eliminating the traffic disruption that occurs whenever excavation occurs within or around these areas; and reducing or eliminating the loss of pavement integrity and diminishment of the useful life of pavement that occurs whenever paved or improved streets and rights-of-way are cut and excavated; and WHEREAS, according to the Federal Communications Commission, the largest cost element for deploying broadband is burying fiber optic cables and conduit underground and the Federal and the Federal Highway Administration has indicated that ninety percent of the cost of deploying broadband is when the work requires significant excavation of the roadway; and WHEREAS, coordinating road construction projects with the installation of broadband facilities will save on costs incurred by repeated excavation in areas where the entire right-of-way is paved or developed and reduces deployment time by preventing the need to acquire duplicative reviews and permits for work done at the same location; and WHEREAS, the City Council finds that the benefits and positive impact associated with the creation of such a network within the City have been recognized and acknowledged, and the City desires to incentivize the provision of high-speed broadband internet service to the City’s City of Celina, Ordinance No. 2017-___________ Page 2 residential and commercial residents and visitors as part of an effort to bridge the digital divide of its citizens and community as part of the City’s Gigabit City Initiative; and WHEREAS, the installation of fiber optic cable within the City will further the goals of the City’s Gigabit City Initiative while at the same time commence the creation of a fiber optic network for the City which would largely amount to establishment of what is generally referred to or known as the “middle mile” of fiber; and WHEREAS, the incremental installation of fiber optic cable within property owned by the City or otherwise within public rights-of-way or easements in conjunction with public improvements projects and private development in these areas will assist in expediting the realization of a fiber optic network within the City, decrease the costs associated with the construction and creation of such a system and will allow the City to control use of these public ways through agreements on access to and use of such City-owned cable and infrastructure and in exchange of consideration to the City; and WHEREAS, the installation of fiber optic cable within public property, easements and rights-of-way will also provide access to meet the needs of City departments, public safety organizations and other publicly owned and operated facilities as well as protecting these areas by improving both the management and regulation of competing demands through the elimination of duplicate fiber optic facilities within public property, easements and rights-of-way; protecting the economic vitality of the City by providing the broadband transport service and fiber facilities leasing required by broadband service providers; and reducing the costs associated with maintaining sidewalks, pavement and public facilities located within public property, easements and rights-of-way by minimizing the number of pavement cuts and dislocation of other public facilities necessitated by the construction or installation of fiber optic facilities; and WHEREAS, a fiber-optic network will allow better, faster communications with emergency responders; and WHEREAS, in furtherance of these interests, the City Council finds that all road improvement and other capital improvements projects involving the resurfacing or overlaying, refurbishment, replacement and/or widening of existing public streets, alleys and roadways or sidewalks or walkways in the City as well as the creation of new improved streets, alleys, roadways, sidewalks or walkways by the City or private developers or the installation of any new drainage or sewer pipes or infrastructure within City property, easements or public rights-of-way shall include as part of their projects and the costs thereof the construction and installation of one 288-count fiber cable that is installed in an underground conduit which is a minimum of four inches (4”) in diameter with a minimum of four (4) one-inch HDPE-SDR 15.5 inner-ducts within City property, easements or public rights-of-way to which the City has access or ownership as well as installation and construction of proper appurtenances and attendant facilities thereto, which shall be located parallel to the nearest public street or roadway and meets or exceeds specifications of emerging industry standards for provision of ultra-speed broadband service, with the exact locations of such infrastructure and the specifications of which to be determined and periodically updated by the City Engineer or his or her designee in reliance on such industry standards and consideration of needs of the City’s Gigabit City Initiative; and City of Celina, Ordinance No. 2017-___________ Page 3 WHEREAS, the City Council desires to foster a fair and level playing field for all market competitors that does not disadvantage or advantage one service provider or technology over another; and WHEREAS, the City Council seeks to promote widespread access to the most technologically advanced telecommunications services for all City residents and businesses in a nondiscriminatory manner regarding authorization or placement of facilities in the right-of-way, access to a building, or rates or terms; and WHEREAS, it is the responsibility of the City to protect and control access to public rights-of-way and ensure that all service providers utilizing City property, facilities or rights-of- way comply with all applicable state and local health, safety and other laws; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City to establish standards for the installation and construction of a fiber optic system within the City as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CELINA, TEXAS: SECTION 1 INCORPORATION OF FINDINGS The above and foregoing findings are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes as if fully set forth herein. SECTION 2 PURPOSE This Ordinance is intended to provide for the construction of infrastructure sufficient for the deployment of communication lines, wires or cables in the future by pulling the same through the conduit and appurtenances installed pursuant to this Ordinance without excavating within public property, easements and rights-of-way or to otherwise use and oversee use of such infrastructure and facilities. This Ordinance is not intended to require telecommunications or broadband service providers to install additional ducts or conduit but is intended to require those constructing public streets and roadways or performing any public improvements projects along or under public streets, easements, rights-of-way and/or property, including the City, private developers and all others, to provide and install such conduit and appurtenances as may be necessary to accommodate future telecommunications and broadband service needs within public streets, easements, rights-of-ways and property without further excavation or disturbance. SECTION 3 AMENDMENTS City of Celina, Ordinance No. 2017-___________ Page 4 3.01 That the City of Celina Code of Ordinances, Chapter 10: Subdivision Regulation; Article 10.03: Subdivision Ordinance; Division 4. Design Standards; Section 10.03.126: Improvements; shall be amended by the addition of Subsection 10.03.126(i) to read as follows: “(i) Fiber Optic Network Conduit and Fiber Optic Cable (1) Requirements. All subdivisions and road improvement and other capital improvements projects involving the creation of new improved streets, alleys, roadways, sidewalks or walkways by the City or any other person or entity, including private developers, or the installation of any new drainage or sewer pipes or infrastructure within City property, easements or public rights-of-way, or where feasible the resurfacing, overlaying, refurbishment, replacement and/or widening of existing public streets, alleys, roadways, sidewalks or walkways, shall include as part of their projects and the costs thereof the construction and installation of fiber optic network conduit that contains at least one fiber optic cable within City property, easements, or public rights-of-way to which the City has access or ownership as well as installation and construction of proper appurtenances and attendant facilities thereto, which shall be located parallel to the nearest public street or roadway and meets or exceeds specifications of emerging industry standards for provision of ultra-speed broadband service, with the exact locations of such infrastructure and the specifications of which to be determined by the City Engineer or his or her designee in reliance on such industry standards and consideration of the needs, objectives and findings of the City’s Gigabit City Initiative. The following additional requirements shall also apply: (A) In addition to installing fiber optic network conduit, the party constructing the street will be required to install such vaults, manholes, hand-holes and other appurtenances and facilities as are necessary or needed to accommodate installation and connection of fiber optic cable within the fiber optic network conduit. (B) All construction and installation required in this Subsection shall be accomplished according to construction standards adopted by the City Engineer or the City’s designee in consideration of the needs of the City’s Gigabit City Initiative. Such standards shall be adopted with due consideration given to existing and anticipated technologies and industry standards. (C) All fiber optic network conduit, fiber optic cable, facilities and appurtenances installed by private parties or developers or by persons or entities other than the City pursuant to this Section shall be conveyed and dedicated to the City either City of Celina, Ordinance No. 2017-___________ Page 5 with or as part of the dedication and conveyance of the public street and/or right-of-way to the City or otherwise. (D) All construction and installation costs shall be the responsibility of the party constructing the public street, roadway or improvements project that falls within the purview of this Ordinance. (2) Definitions. For purposes of this Subsection, the following terms have the meanings ascribed below: Fiber optic network conduit means a minimum four inch (4”) conduit containing a minimum of four (4) inner-ducts used to enclose or carry fiber optic cable or other wires or lines and attendant parts and accessories buried alongside a roadway or surface mounted on bridges, overpasses and other facilities where below-ground placement is impossible or impractical, all in accordance with emerging industry standards and as determined by the City Engineer or his or her designee. Fiber optic cable means a minimum 288-count fiber cable bundle. (3) Use by Broadband Service Providers. Whenever fiber optic network conduit and/or fiber optic cable installed or to be installed under this Subsection is available or will become available within a newly constructed public street or right-of-way or other improvements project that falls with the scope or purview of this Subsection upon dedication, all broadband service providers thereafter locating fiber optic cable, wire or lines within or along such street or right-of-way shall be required to use available dark fiber (currently unused fiber optic strands) within the then-existing infrastructure or to locate their cable, wire or lines within such fiber optic network conduit unless it can be demonstrated to the reasonable satisfaction of the City Engineer that such use or location is not technologically feasible or reasonably practicable or unless such provider is exempt or otherwise not required by other law to comply with the provisions of this Subsection. Fiber optic cable and strands as well as fiber optic network conduit capacity shall be allocated to broadband service providers on a first-come, first- served basis; provided, however, that the City may reserve capacity within such fiber and conduits for its own use; and provided further, that the City Engineer may adopt additional reasonable rules for fiber optic cable or strand and fiber optic network conduit allocation in order to ensure that all broadband service providers have reasonable access to the City’s rights-of- way and that no barriers to entry or competition result from the allocation of cable, strand or conduit space. (4) Fees. Any person or entity constructing fiber optic network conduit or installing fiber as required by this Subchapter shall pay a nonrefundable fee in an amount as provided for in the fee schedule of the City for the City to City of Celina, Ordinance No. 2017-___________ Page 6 recover its costs incurred for plan review, engineering design and approval, purchasing materials, and costs associated with issuing, processing, and verifying applications, inspecting job sites and restoration improvements, and other costs the City may incur in implementing the provisions of this Subchapter. The City reserves the right to charge reasonable fees for the use of fiber optic cable and fiber optic network conduit and attendant accessories, facilities and infrastructure installed pursuant to this Ordinance, to the extent consistent with and as limited by federal and state laws and regulations. Any such fee amounts shall be established in the fee schedule of the City.” SECTION 4 PENALTY CLAUSE Any person, firm, entity or corporation violating any provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding FIVE HUNDRED AND 00/100 DOLLARS ($500.00). Each continuing day’s violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5 SAVINGS/ REPEALING CLAUSE This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such other Ordinances on this date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6 SEVERABILITY The provisions of the Ordinance are severable. However, in the event this Ordinance or any procedure provided in this Ordinance becomes unlawful, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unenforceable, void, illegal or otherwise inapplicable, in while in part, the remaining and lawful provisions shall be of full force and effect and the City shall promptly promulgate new revised provisions in compliance with the authority’s decisions or enactment. City of Celina, Ordinance No. 2017-___________ Page 7 SECTION 7 PUBLICATION CLAUSE The City Secretary of the City of Celina is hereby directed to publish in the Official Newspaper of the City of Celina the Caption, and Effective Date Clause of this Ordinance as required by Section 52.013 of the Local Government Code. SECTION 8 ENGROSSMENT AND ENROLLMENT The City Secretary is hereby directed to engross and enroll this Ordinance by copying the descriptive Caption in the minutes of the City Council and by filing this Ordinance in the Ordinance records of the City. SECTION 9 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage in accordance with law. AND IT IS SO ORDAINED. PASSED AND APPROVED by the City Council of the City of Celina, Texas this day of __________________, 2017. ___________________________ Sean Terry, Mayor City of Celina, Texas ATTEST: ____________________________ Vicki Faulkner, City Secretary City of Celina, Texas [SEAL] APPROVED AS TO FORM: ___________________________ Julie Fort, Attorney for the City City of Celina, Texas