Title
Incorporated County of Los Alamos Ordinance No. 658; An Ordinance Granting a Franchise to Los Alamos Comnet, Inc. DBA Los Alamos Network, a New Mexico for Profit Corporation, to Provide Telecommunication Services within Los Alamos County and Granting Permission to use the Public Rights of Way in Furtherance of that Purpose.
Recommended Action
I move that Council adopt Incorporated County of Los Alamos Ordinance No. 658; I further move that, upon passage, the Ordinance be published in summary form.
County Manager's Recommendation
The County Manager recommends that Council adopt Incorporated County of Los Alamos Ordinance No. 658.
Body
Section 203.1 (c) of the County's Charter requires the County to enter any franchise by Ordinance. Los Alamos Comnet, Inc. dba Los Alamos Network offers telecommunication services within the County, but has never had a franchise agreement. The lack of a franchise agreement has led to some avoidable conflicts with public works and utilities over use of the rights of way. This agreement grants Los Alamos Comnet, Inc. a franchise to operate within the rights of way, but also subjects the company to certain submission requirements that will help eliminate conflicts. The company is also agreeing to pay a franchise fee to the County to compensate for its use of the right of way.
Alternatives
Council could decline to adopt the ordinance, virtually guaranteeing continued conflict with the company's use of the public rights of way.
Fiscal and Staff Impact/Unplanned Item
Some staff time will be required to examine documents submitted by Los Alamos Comnet, Inc., but it should be more than offset by time saved through unexpected discovery of equipment located in the rights of way. The franchise agreement will generate some amount of franchise fees, but the amount will not be known until a history of collections is developed.
Attachments
A - Publication Notice
B - Incorporated County of Los Alamos Ordinance No. 658