HomeMy WebLinkAboutRESOLUTION NO 16 11 401STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 16-11-401
A RESOLUTION APPROVING MOBILITIE'S APPLICATION FOR UTILIZATION OF
THE PUBLIC RIGHTS OF WAY OF THE CITY OF MIL TON FOR WIRELESS
TELECOMMUNICATION FACILITIES, AS AUTHORIZED BY LAW
WHEREAS, in a letter dated June 29, 2016, Mobilitie, LLC ("Mobilitie") submitted a
formal registration application to the Council of the City of Milton for access to the public rights
of way to erect wireless facilities and wireless support structures for the provision of
telecommunications services; and
WHEREAS, in a letter dated October 12, 2016, Mobilitie submitted supplemental
documentation necessary to obtain access to the public rights of way; and
WHEREAS, O.C.G.A. § 32-4-92(a)(10) provides that municipalities may grant permits
and establish reasonable regulations for the installation and construction of conduits, cables,
wires, poles, towers, and other equipment, facilities, or appliances of any utility in, on, along,
over, or under any part of its municipal street system lying within its municipal limits; and
WHEREAS, the City of Milton has adopted regulations for, inter alia, the installation
and construction of wireless telecommunications facilities and wireless support structures in the
interest of: ( 1) protecting residential areas and uses from potential adverse impact of
telecommunications facilities; (2) providing adequate personal wireless services to residents of
Milton; (3) locating telecommunications towers and antennas in areas where adverse impacts on
the community are minimized; (4) encouraging the design and construction of towers and
antennas to minimize adverse visual impacts; (5) avoiding potential damage to property caused
by wireless communications facilities by insuring that such structures are soundly and carefully
designed and constructed; (6) preserving those areas of significant scenic or historic merit; (7)
facilitating the implementation of the Existing Tower Map for the City of Milton; (8) promoting
and encouraging the joint use of new and existing tower sites among service providers; and (9)
enhancing the ability of the providers of wireless communications services to deliver such
services to the community effectively and efficiently; and
WHEREAS, these regulations are set forth in Chapter 54 of the Ordinances of the City
of Milton. Chapter 54 is otherwise known as the Milton Telecommunications Ordinance;
WHEREAS, O.C.G.A. § 46-5-l(b)(l) provides that any telephone company that seeks to
place lines and facilities in the public roads and highways or rights of way of a municipal
authority shall provide to such municipal authority: (1) the name, address, and telephone number
of a principal office and local agent of such telephone company; (2) proof of certification from
the Georgia Public Service Commission of such telephone company to provide
telecommunications services in this state; (3) proof of insurance or self-insurance of such
telephone company adequate to defend and cover claims of third parties and of municipal
authorities; (4) a description of the telephone company's service area; (5) a description of the
services to be provided; (6) an affirmative declaration that the telephone company shall comply
with all applicable federal, state, and local laws and regulations, including municipal ordinances
and regulations, regarding the placement and maintenance of facilities in the public rights of way
that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way,
including the requirements of Chapter 9 of Title 25, the "Georgia Utility Facility Protection
Act"; and (7) a statement in bold type at the top of the application as follows: "Pursuant to
paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia
Annotated, the municipal authority shall notify the applicant of any deficiencies in this
application within 15 business days of receipt of this application"; and
WHEREAS, the Council finds that those requirements as set forth in O.C.G.A. § 46-5-
1 (b )(1) have been met and satisfied and that Mobilitie's application is otherwise complete and in
order; and
WHEREAS, O.C.G.A. § 46-5-l(a)(l) provides that any telephone company chartered by
the laws of this or any other state shall have the right to construct, maintain, and operate its lines
and facilities upon, under, along, and over the public roads and highways and rights of way of
this state with the approval of municipal authorities in charge of such roads, highways, and rights
of way; and
WHEREAS, Mobilitie, LLC has been certified by the Georgia Public Service
Commission to provide telecommunications services in this state, such certifications being
attached hereto as Exhibit "A" and incorporated herein by reference;
WHEREAS, O.C.G.A. 46-5-l(b)(l 7) provides that if a telephone company receives
authorization to construct, maintain, and operate its lines and facilities upon, under, along, and
over the public roads and highways and rights of way of this state with the approval of municipal
authorities in charge of such roads, highways, and rights of way, the telephone company must
still comply with any permitting requirements of said municipality;
WHEREAS, the City Council deems and declares it to be in the best interests of the
citizens of the City of Milton that the June 29, 2016, application of Mobilitie be approved.
NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that
the application of Mobilitie to make use of the public roads, highways and rights of way
belonging to and within the City of Milton is hereby deemed in order and complete;
BE IT FURTHER RESOLVED, the Council of the City of Milton hereby ordains and
resolves that the application of Mobilitie to make use of the public roads, highways and rights of
way belonging to and within the City of Milton is hereby approved;
BE IT FURTHER RESOLVED that the City of Milton does hereby affirm its
entitlement to all benefits under O.C.G.A. 46-5-l(a)(l), et.seq, to include the receipt of Due
Compensation as defined by O.C.G.A. § 46-5-l(b)(9) and (11) as a condition of the construction
of any telecommunications structures or facilities within the public rights of way of the City of
Milton;
BE IT FURTHER RESOLVED that, prior to the erection of any wireless facilities or
wireless support structures within the rights of way of the City of Milton or otherwise, that
Mobilitie shall be required to apply for and receive a permit, to include the requisite Council
approval, pursuant to the dictates and requirements of Chapter 54 of the Code of Ordinances of
the City of Milton Georgia and any other applicable Milton rules, regulations or ordinances; and
2
BE IT FURTHER RESOLVED that if a permit is secured for erection of any wireless
facilities or wireless support structures within the rights of way of the City of Milton, then
Mobilitie shall nonetheless be subject to all requirements and obligations set forth in O.C.G.A.
§§ 32-6-171 and 32-6-173 and Chapter 54 , Section 8 of the Code of Ordinances of the City of
Milton Georgia regarding the repair, maintenance, and relocation of said facilities or structures.
BE IT SO RESOLVED AND ORDAINED, this 2P1 day of November, 2016, by the
Council of the City of Milton, Georgia, the public health, safety and welfare demanding it.
Approved:
3
COMMISSIONERS: EXHIBIT"A"
LAUREN "BUBBA" McDONALD, JR., CHAIRMAN
STAN WISE
ROBERT B. BAKER. JR.
CHUCKl;ATON REECE McAUSTER
EXECUTIVE SECRETARY H. DOUG EVERETT
(404) 658-4601
(800) 282-1813
IN RE:
~.enrght Juhl ic ~erftice OJ:nnrmi55tntt
~--~~ari-t ~=~~=:=.s,:· DOCKET# :gfif-;f~
DOCKETN0.32470 DOCUMENT# l?i?ioM
CERTIFICATE NO. X-110-t---------=:=J
Application of Mobilitie, LLC for a Certificate of Authority to Construct or
Operate Telephone Line, Plant or System.
CERTIFICATE OF AUTHORITY
TOLL LINES
Decided: December 21, 2010
BY THE COMMISSION:
On August 9, 2010, Mobllltle, LLC (hereinafter referred to as the "Company") filed
with the Georgia Public Service Commission (hereinafter the "Commission") an application
for a Certificate of Authority to provide intrastate lntraLATA and interLATA
telecommunications service throughout the state of Georgia. By way of background,
Georgia was divided Into five Local Access and Transport Areas ("LAT As") as a result of
certain litigation Involving AT&T (formerly known as American Telephone a·nd Telegraph
Company). This litigation resulted In the Modification of Final Judgement, which Is the
consent decree entered by the United States District Court in United States v. American
Telephone and Telegraph Company, 552 F. Supp. 131 (D.D.C. 1982), affd sub nom.
Maryland v. United States, 103 S. Ct. 1240 (1983).
In filing th Is appllcatlon, the Company seeks authority to become an intraLA TA and
lnterLATA interexchange facilities-based carrier operating within the state of Georgia.
The Commission has reviewed the Company's application and will Impose the same
conditions and restrictions as contained In the Orders Issued in Docket Nos. 3439-U
(AT&T), 3446-U (MCI), 3451-U (GTE-Sprint), 3458-U (Microtel), 3501-U (SouthemTel),
3575-U (U.S. Sprint), and 13145-U (GPW's CLEC Order).
In Administrative Session on December 21, 2010, the Commission voted to waive
public hearing on this matter.
After carefully analyzing all evidence of the record in this case, the Commission
makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
1.
The Company has filed an application seeking authority to provide state-wide
intral.A TA and interlA TA interexchange facilities-based telecommunications services In the
state of Georgia.
2.
The Commission has considered the application of the Company for a Certlficate of
Authority.
3.
The state of Georgia has been divided as a consequence of the Modification of Final
Judgment into five LATAs (local access and transport areas).
4.
The Company is a long-distance telecommunications carrier authorized by the
Federal Communications Commission ("Fee•) to construct and operate Interstate
telecommunications services. The Company owns facilities and/or leases them from/to
other common carriers. The Company's system provides interstate telecommunications
services Including private line offerings.
5.
The Commission finds that the Company has the financial, technical and managerial
ability to provide lntral.A TA and interl.A TA intrastate telecommunicatlons service for which
It Is seeking a Certificate of Authority.
DOCKET NO. 32470
Certificate No. x-1101
Page 2of5
6.
The Commission finds that the Company wlll provide carrier's carrier transport
service for wireless carriers. The Company will provide its service using backhaul
linked by fiber optic cables with conversion equipment attached to poles. wires, fiber
termination equipment and other structures.
CONCLUSIONS OF LAW
Based on the foregoing Findings of Fact, the Commission makes the following
Conclusions of Law:
1.
Pursuant to O.C.G.A. §§ 46-5-163(b), 46-5-41, 46-2-23 and 46-2-25, the
Commission has jurisdiction to grant the certificate requested herein and to determine the
reasonableness of the rates, charges, classifications and services of the Company.
2.
O.C.G.A. § 46-5-43 requires that when an application to acquire or operate a
telephone system is received, proper notice of the application shall be given to specifically
identified groups and dasses of persons.
3.
The Commission, pursuantto O.C.G.A. §§46-5-41,46-5-163(b), and46-5-168, has
the authority based upon applicable law to refuse to issue the certificate or to issue It in
part or In whole.
4.
The Commission further concludes that this certificate authorizes the Company to
provide intraLA TA and interlA TA services throughout the State of Georgia. The Company
will be subject to this Commission's decisions on all Issues concerning the completion of
intraLA TA and interLA TA calls. The Company Is authorized to sell its services and to resell
services of other certificated carriers.
DOCKET NO. 32470
Certlflcate No. X-1101
Page 3of5
5.
The Commission further concludes, pursuant to O.C.G.A. §§ 46-2-25.1, 46-2-25.2
and 46-2-25.3, that all companies providing services between Georgia's LATAs should
take certain steps to Insure that customers utilizing the services of the companies are not
billed for county-wide local calls, 16-mile toll-free calls, and toll-free calls within 22 miles
that both originate and terminate within a given LA TA. In the case of companies providing
services to other common carriers for resale, the foregoing restriction shall apply to the
reselling company.
WHEREFORE, It Is
ORDERED, that a Certificate of Authority number X-1101 is hereby granted to
Mobilitie, LLC to provide intraLA TA and interLA TA Intrastate telecommunications services
In Georgia.
ORDERED FURTHER, that Mobllltie, LLC shall provide Intrastate lntraLATA and
interLA TA services pursuant to its Georgia tariffs.
ORDERED FURTHER, that if the Company desires to do business In Georgia under
any name which does not appear on this certificate, the Company shall submit an
application for amendment to Its certification stating the name under which it plans to
conduct business.
ORDERED FURTHER, that the Company shall contribute to the Universal Access
Fund as prescribed in Docket No. 5825-U.
ORDERED FURTHER, that the Company shall be responsible for ensuring that its
employees, agents or designees comply fully with all applicable laws, rules and orders of
the Commission relating to safe excavation procedures, including, but not limited to
O.C.G.A. § 25-9-1 fil ~the Georgia Utility Facility Protection Act. Violations of such
laws, rules, or orders of the Commission by the Company's employees, agents or
designees may result in revocation, suspension or other limitation on the Company's
certificate of authority and may result In fines assessed on the Company pursuant to
O.C.G.A. § 46-2-91.
ORDERED FURTHER, that pursuant to 0.C.G.A. § 46-5-168(b)(2) the certificate
granted herein shall be subject to revocation if the Company fails to notify the Commission
of any change In Its contact address on file with the Commission, falls to comply with
Commission requirements or orders, or violates any applicable law or Commission rule.
DOCKET NO. 32470
Certificate No. X-11O1
Page4 of5
ORDERED FURTHER, that all statements of fact, law and regulatory policy
contained within the preceding sections of this Order be adopted as findings and
conclusions of law and conclusion of regulatory policy of the Commission.
ORDERED FURTHER, that jurisdiction over this matter is expressly retained forthe
purpose of entering such further order or orders as this Commission may deem just and
proper.
ORDERED FURTHER, that any motion for reconsideration and/or rehearing In this
case shall not have the effect of staying this Order of the Commission, except insofar as
the Commission may otherwise provide.
The above by action of the Commission In Administrative Session on December 21,
Lauren "Bubba" McDonald, Jr.
Chairman
DATE:
DOCKET NO. 32470
Certificate f"o. X-1101
· Page 5 of 5
COMMISSIONERS:
LAUREN "BUB BA .. McDONALD, JR., CHAIRMAN
8TANWIS!
ROBERT a. IAKl!R, JR.
CHUCK l!ATON
H. DOUO EVERETT
IN RE:
INTERIM CERTIFICATE OF AUTHORITY TO
PROVIDE COMPETmVE LOCAL EXCHANGE
TELECOMMUNICATION SERVICES
REECE '4cALISTER
EXECUTIVE SECRETARY
DOCKET NO 32486: Appllcatfon of Mobllltla, LLC for a Certificate of
Authority to Resell and Provide Facllltles-Baeed Competitive Local
Exchange Services.
Certificate No. L-0493 Approved: December 21, 2010
Effective: /J .,. J& -/'1
BY THE COMMISSION:
I.
BACKGROUND
On August 9, 2010, Mobilltie, LLC (hereinafter referred to as "the Appllcanr or
"Mobllftfe•) flied with the Georgia Public Service Commission (hereinafter refened to as ihe
Commission") an application for a Certificate of Authority to Provide CompetJtlve Local
Exchange ServlCEts, pursuant to O.C.G.A. § 46-5-163(b). In AdmlnJstrattve Session on
December21 , 2010, the Commission voted to waive a publlchaarlng on this matt~r.
The statutory authority governing certlftcates of authority of the type the Applicant Is
seeking Is found at O.C.G.A. § 46-5-163. This code section provides that a
teleoommunlcations company, Including a telecommunlcatlons services reseller, shall not
provide telecommunications services without a certificate of authority Issued by the
Convnlsslon. A certificate may not be fssued without adequate proof that the applicant
possesses satisfactory financial and technical capability. A showing of publlc convenience
and necessity Is not a condition for Issuing a competing certltlcate of authority.
Docket No. 28076
Page 1of5
In support of Its application, Mobllltle presented evidence through exhibits and
addiUonal materials routinely requested by the CommJsslon Staff. After carefully analyzing
all evidence of the record In this case, the Commission makes the following findings of fact
and conclusions of law:
II.
FINDINGS OF FACT
1. TECHNICAL CAPABILITY.
The Applicant Intends to offer local exchange telecommunlcatlons servtces to
business cust.omers In Georgia. Applicant has demonstrated adequate technlcat
capabBlties to Implement Its business plan through evidence regarding Its management
team, technical understanding and customer service plans.
2. FINANCIAL CAPABILITY.
The Appllcant has demonstrated that ft possesses sufficient and adequate financial
capability to provide the local exchange telecommunications services for which It Is seeking
a Certificate of Authority.
Ill.
CONCLUSIONS OF LAW
The Commission Staff certtfles the recoro In this docket to the Commission and
issues this recommendation pursuant to O.C.G.A. §§ 46-2-SB(d) and 50-13-17(a). Based
upon the evidence, the Commission Staff finds that the Applicant has shown that It
possesses satlsfact.ory financial and technical capability pursuant to O.C.G.A. § 46-5-
163(h) In order to be granted an interim certificate, consistent with the Commission's
guldellnes In Docket No. 5778-U for the Issuance of Interim certlftcates of authority for the
provision of local exchange telecommunlcatfon service.
Having reviewed the record and considered this case, the Commission finds and
concludes that It should adopt the Commission Staffs recommendation as Its decision In
this docket.
WHEREFORE, It Is
ORDERED, that the above numbered certificate la granted to Mobllltle, LLC, whose
principal business address Is 660 Newport Center Drive, Suite 200, Newport Beach,
California 92660, to resell and provide facllltles-based competitive local exchange
telecommunlcatfon services.
Docket No. 28076
Page2of6
ORDERED FURTHER. that the Applicant Is hereby granted authority to provide
local exchange telecommunications servtcea fn the BeUSouth Tefecommunlcatfons, Inc.
d/b/a AT&T Georgia exchanges set forth below:
Acworth
AdalrsvfUe
Albany
Alpharetta
Amertcus
Appling
Artfngton
Athens .
Atlanta
Augusta
Austell
Baconton
Bainbridge
Bamesvlle
Baxley
Blackshear
Bogart-Statham
Bowdon
Bremen
Brunswick
Buchanan
Buford
Calhoun
Camille
Carrollton
cartersvllle
Cave Spring
Cedartown
Chamblee
Claxton
Clermont
Cochran
Colqultt
Columbus
Concord
Conyers
Cordele
Covington
CUmmlng
Cusseta
Dallas
OouglasvtHe
Dublin
Duluth
Eastman
Eatonton
Bberton
Falrbum
Fayettevllla
Flowery Branch
Forsyth
Fort Valley
Franldln
Gainesville
Gay
Gibson
Grantville
Greensboro
Greenville
Griffin
Hamiton
Hampton
Harlem
Hazelhurst
Hephzibah
HoganavUle
Jacksc;>n
Jekyll Island
Jesup
Johnson Comer
Jonesboro
Kingston
LaGrange
Lake Park
LawreacevUle
Leary
Leesburg
Lithonia
Loganvllle
Loulsvflle
Lula
Lumber City
Lumpkin
LuthersvUle
Lyons
Macon
Madison
Marietta
McCaysvUle
McDonough
MD1en
Monticello
Newnan
Newton
Norcross
Palmetto
Panola
Pelham
Pine Mountain
Pooler
Powder Springs
Rich land
Rockmart
Rome
Roopville
Rossville
Roswell
Royston
Rutledge
St Simona
Island
Sandersvllle-
TennHle
Sardis
Docket f'4o. 28076
Page 3of5
Savannah
Senoia
SmlthvUle
Smyrna
Social Circle
Sparks
Sparta
Stockbridge
Stone Mountain
Swainsboro
Sylvester
Tallapoosa
Temple
Tennga
Thomasville
Thomson
Tifton
Tucker
Tybee Island
Valdosta
Vida Ila
VIiia Rica
Wadley
Warner Robins
Warrenton
Watklnsvflle
Waycrosa
Waynesboro
Woodbury
Woodstock
Wrens
Wrlg.htBville
Zebulon
ORDERED FURTHER, that as a condition precedent to the Applicant offering local
service, that requires Interconnection, In any of the requested exchanges, the Applicant
must enter Into an lnterconnection agreement with each affected lnaimbent local exchange
company and obtain the formal approval of the Georgia Public Service Commission after
said agreement Is flied with the agency.
ORDERED FURTHER, that the Appllcanfs tartff Is hereby approved .
ORDERED FURTHER, that the Applicant must comply with O.C.G.A. § 25-9-1 §1
~ regarding the practices and procedures that shall be employed ~en a
telecommunlcations provider or its deslgnee is excavating In the state of Georgia.
ORDERED FURTHER, that the Applicant shall be responsible for ensuring Its
employees, agents or deslgnees comply fully with all applicable laws, rules and orders of
the Commission relating to safe excavation procedures; including, but not limited to
O.C.G.A § 25-9-1 §1 ~.the Georgia utility FacJlfty Protection Act. Violations of such
laws, rules, or orders of the Commission by the Applicant's employees, agents or
deslgnees may result In revocation, suspension or other !Imitation on the Applicant's
certificate of authority and may result In fines assessed on Applicant pursuant to O.C.GA §
46-2-91.
ORDERED FURTHER, that the Applicant must comply with the Commission's Order
or Orders issued In Docket No. 11400-U, Prevention of Damage To Underground FacUllles,
and applicable law pertaining to Cornmon Ground best pracUcee for excavation damage
prevention when excavating In an area In which underground facilities may be located
ORDERED FURTHER, that the Appllcant shall contribute to the Universal Access
Fund es prescribed In Docket No. 6825-U.
ORDERED FURTHER, that pursuant to 0.C.G.A. § 46-S..168(b)(2) the cerUflcate
granted herein shall be subject to revocation If the Appllcant falls to notify the Commission
of any change In Its contact address on file with the Commission, falls to comply with
Comrril88lon requirements or Orders, or violates any applicable law or Commission Rufe.
ORDERED FURTHER, that If the Applicant desires to do business In Georgia under
any name which does not appear on this certificate, Applicant shall submit an application
for amendment to Its certfflcation stating the name under which It plans to conduct
business. ·
ORDERED FURTHER, that an statements of fact. law and regulatory pollcy
Docket No. 28076
Paga4of5
contained within the preceding sections of this Order be adopted as findings and
conclusions of law and conclusloria of regulatory pollcy of the Commission.
ORDERED FURTHER, that Jurtsdlctlon over this matter Is expressly retained for the
purpose of entering such further Order or Orders as this Commission may deem just and
proper.
ORDERED FURTHER, that any motion for reconsideration or rehearing In this case
shan not have the effect of staying this Order of Commission, except Insofar as the
Commission may otherwise provtde.
BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION, this21stdayof
December 2010.
~
Executive Secretary
DATE: t ~ -..;;!;? ..... , 0
RMILMfrS
Lauren "Bubba11 McDonald, Jr.
Chairmen
Executive Secretary