HomeMy Public PortalAbout001-2004 - Permission to sell broadbandRICHMOND POWER & LIGHT BOARD OF DIRECTORS
RESOLUTION 1-2004
A RESOLUTION AUTHORIZING THE FILING OF A PETITION
WITH THE INDIANA UTILITY REGULATORY COMMISSION
FOR AUTHORITY TO RE-SELL DIGITAL SUBSCRIBER LINE
("DSL") SERVICE
WHEREAS, the City of Richmond, Indiana ("City") owns and operates a municipal utility
doing business as Richmond Power & Light ("RP&L"); and
WHEREAS, on September 6, 2000, the Indiana Utility Regulatory Commission
( Comnuss~on ) entered an Order granting RP&L a certificate o£territorial authority ("CTA") to
"offer and provide dedicated, high-speed broadband transmission services on a non-switched,
private line basis to the public in Wayne County, Indiana;" and
WHEREAS, the Order provides that "Ii]fin the future RP&L seeks to enlarge.., the
scope ogthe CLEC services it is authorized to provide or the service territory in which it is
authorized to provide such services, RP&L must first petition for and obtain expanded CLEC
authority fi.om this Commission in a formally docketed proceeding;" and
WHEREAS, RP&L is contemplating expanding its service offerings to include the re-sale
o£digital subscriber line ("DSL") service within the 9-3-7 LATA, which encompasses all or
portions o£Wayne, Randolph, Fayette, Union and Shelby counties; and
WHEREAS, RP&L has the technical, operational and managerial experience and
capabilities required to provide the new proposed service; and
WHEREAS, the public interest and public convenience and necessity will be served by the
IURC's expanding RP&L's CTA to allow it to provide the proposed service; and
WHEREAS, although RP&L intends to seek permission from the Commission for
authority to provide DSL service, and;
WHEREAS, continuing jurisdiction and regulation by the Commission of such service and
similar services RP&L may desire to provide in the future are not necessary since prices for such
services are generally set within a competitive market situation and regulation may be detrimental
to both RP&L and the customers as it affects prices, speed of providing services, and flexibility;
and
WHEREAS, by State law, RP&L may request that the Commission decline to exercise its
jurisdiction over its provision of DSL service and similar future services; and
WHEREAS, it is in the best interest of RP&L and its customers to grant the General
Manager or Telecommunications Director of RP&L authority to retain counsel and any necessary
consultants to allow it to re-sell DSL service as described herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors for Richmond
Power and Light as follows:
1. That RP&L be allowed to expand its telecommunications service offerings to include
DSL service, to be provided in the 9-3-7 LATA.
2. That RP&L be authorized to file a Petition with the IURC requesting an expansion of
its CTA to allow it to provide the above-described telecommunication service, and to also request
within such Petition that the IURC decline to exercise any jurisdiction it may have over such
service and similar services RP&L may wish to provide in the future.
3. That RP&L be authorized to request, to the extent necessary, permission from any
local government to provide the proposed service, including permission to use any county roads
or other property in order to provide such service.
PASSED AND ADOPTED this/~] day ofJ. x~g~ , 2004, by the Board of Directors of
the City of Richmond, Indiana d/b/a Richmond Power & Light·
/
Karl Sharp
Chairperson
Ho~'a~-~ J. Elstr~v/ .~
· ruce Wissel
CITY OF RICHMOND, INDIANA d/b/a
RICHMOND POWER & LIGHT
Viice c/e~-~~erson