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and mapped by the City. Project Lightspeed is AT&T’s ongoing program to upgrade residential broadband service to speeds and service levels that can support video services similar to those provided by cable television companies. Although it is not designed with businesses in mind, it can support commercial grade service where it’s available and, in general, upgrades made for the purposes of the project result in better overall infrastructure. For the purposes of analysis, the Project Lightspeed nodes were mapped by the City using the assumption that each node had a uniform service radius of 1,500 feet. While this approach is too rough to predict service availability at a particular location – the actual coverage pattern of any given node is subject to many variables – it paints a useful picture of which areas of the City have been targeted for upgrades by AT&T and which have not. When Comcast was provided with a sample list of problematic addresses, its representatives initially responded quickly with an estimate that approximately a quarter might have had problems in the recent past but should be able to order service now or in the near future. About half were addresses that Comcast would consider deploying service to if the business or property owners were willing to pay some or all of the cost of constructing the necessary facilities – the company’s existing budget for these types San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 8 of upgrades is relatively small and is spread over the entire region. The remaining quarter or so were unlikely to be served by Comcast in the foreseeable future. A Comcast representative made it clear that the company is not interested in paying for extensions of service to vacant commercial properties. Meetings were also held with representatives from the San Leandro and San Lorenzo school districts. School sites located within the City of San Leandro are primarily located in or near residential areas, and do not generally have problems obtaining adequate broadband connectivity. Much of the cost of educational broadband connections is paid for by federal and state grants and connectivity is provided primarily by AT&T under multi-year contracts. Internet bandwidth is provided by the Corporation for Educational Network Initiatives in California (CENIC), a non-profit corporation that provides educational Internet access throughout the state. Long haul and metropolitan fiber optic cable routes were identified identified from information previously obtained by the City, released by long haul carriers and provided by local business. These fiber lines are vital for providing connectivity in and out of the City as a whole, but have limited usefulness for delivering broadband service to individual locations. Finally, information regarding broadband service availability collected by the California Public Utilities Commission (CPUC) was obtained. This data was provided to the CPUC by AT&T, Comcast and competitive carriers. The information gathered from San Leandro businesses and residents, provided by carriers and collected by the CPUC was combined into a multi-layered map by City GIS staff. The pattern of this data is consistent with the information obtained locally. A full set of maps is contained in Appendix C. These maps contain additional detail regarding broadband service availability from Comcast and AT&T, availability analysis by CPUC staff, Project Lightspeed and Lit San Leandro information and locations of problem areas. There are a number of smaller service providers that offer commercial broadband service to businesses in the East Bay Area, including San Leandro. However, these companies do not generally own their own fiber or wire line facilities in the City and depend on either wireless connections or lines leased from AT&T to deliver service to end users. San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 9 As local businesses and smaller carriers reported and, in some cases, AT&T confirmed, leasable lines capable of supporting high speed, reliable Internet service are not available in several commercial and industrial areas of the City. Figure 2.1 Map showing broadband availability data collected by CPUC. A full size map can be found in Appendix C. CPUC’s service availability data indicates that at least some land line-based broadband facilities in the commercial and industrial areas of San Leandro are substandard. Wireless broadband service is theoretically available throughout the City from cellular carriers, from companies (such as TelePacific and Etheric) that offer service over a wide area from scattered towers and from providers that offer customized, point-to-point connections. However, wireless broadband facilities operate within cost, coverage, reliability, speed and quality of service (QoS) parameters that are not suitable for all commercial uses or acceptable to all users. For example, a major software company will have bandwidth and QoS requirements that exceed wireless standards. Medical organizations have reliability needs that wireless service providers can rarely, if ever, meet. These types of users will occasionally employ wireless links for back up, mobility or other auxiliary purposes, but will not depend on it for primary service. F0 0.25 0.5 1 Miles © City of San Leandro. All rights reserved. Geographic Information Systems. March 2012 ATT greater than 6 mbps (downloadspeed) Comcast greater than 6 mbps (downloadspeed) ATT and Comcast greater than 6 mbps (downloadspeed) US Dept of Commerce, National Telecommunications and Information Administration, State Broadband Initiative (CSV format June 30, 2011) CITY OF SAN LEANDRO AT&T Lightspeed Locations San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 10 Broadband service problems have been identified in key commercial and industrial areas of San Leandro. These gaps can only be filled by upgrading existing land lines or deploying new ones. The importance placed on fast, reliable commercial grade broadband service by businesses and developers supports the conclusion that extending fiber optic facilities to these areas will create economic development opportunities and maximize the positive impacts of broadband on commercial real estate values. 2.6. Specific priority areas Map-based analysis points to four specific areas in San Leandro where a higher level of commercial broadband availability would enable businesses and property owners to meet the expectations of high technology enterprises. The information used included detailed service reports provided by carriers to the CPUC, data collected in the course of this study and anecdotal reports. Figure 2.2 Map showing broadband development priority areas identified by research. A full size map can be found in Appendix C. Downtown San Leandro Downtown San Leandro is, and will remain, the focal point for office and professional uses in the City. Creekside Plaza is currently the City’s only class-A office development and is home to over 1,300 high-quality jobs. OSIsoft and Wells Fargo also have sizable facilities in Downtown San Leandro. Additionally, the City’s 2007 Transit Oriented Development Strategy laid the groundwork and provided environmental clearance for San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 11 over 700,000 square feet of new office development downtown. Commercial-grade broadband availability will be essential if the City is to be successful in attracting and retaining office tenants and quality jobs in growth industries. Unlike the Davis/Doolittle/Adams area, AT&T has installed some Project Lightspeed nodes in Downtown San Leandro. However, the pattern of placement is more consistent with a coverage plan intended to extend consumer services (including video) into residential areas than it is with directly supporting commercial grade service. Businesses and property owners in Downtown San Leandro report problems obtaining reliable, commercial grade DSL or cable modem service, stating that it is completely unavailable or subject to lengthy – sometimes several months long – installation delays. The same is true of industrial grade service. These problems are anecdotally said to occur throughout the Downtown San Leandro area, but there is a cluster of reported broadband availability problems in the area bounded by Parrott Street/Dolores Avenue, Santa Rosa Street, Hayes Street and Estudillo Avenue. Broadband availability data provided by the CPUC is consistent with these reports. This lack of broadband availability is seen as a disadvantage for the area. Improving commercial broadband availability will benefit smaller offices as well as larger, planned developments such as OSIsoft’s office expansion and Town Hall Square. Lack of broadband service can even inhibit foot traffic as some shoppers, visitors and business people prefer to go where wireless Internet service, for example from WiFi hotspots, is more widely available. WiFi Internet access is an amenity that can attract visitors and add value for the local business community. Davis/Doolittle/Adams area The industrial zoned area surrounding Davis Street, Doolittle Drive and Adams Avenue is particularly problematic. San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 12 Downtown E 14THST DAVIS ST ALVARADO ST CLARKEST CLARKEST WILLIAMSST SANLEANDRO BLVD PARROTTST CARPENTIER ST CALLANAVE CASTRO ST WASHINGTON AVE W JUANA AVE PACIFIC AVE ESTUDILLO AVE JOAQUIN AVE ORCHARDAVE JUANAAVE HARLANST MARTINEZST CHUMALIA ST TOLERAVE DOLORES AVE HYDE ST MAUDAVE WAYNEAVE HAYSST WESTUDILLO AVE MAGNOLIALN THORNTON ST W JOAQUINAVE ARROYOAVE ELSIE AVE HARRISONST LILLEAVE HUFFAVE CALIFORNIAAVE DABNERST PERSHING DR TIVOLI ST LOLAST ANTONIOST JEFFERSON ST HAYS ST THORNTON ST THORNTONST WESTUDILLOAVE F0 0.0625 0.125 0.25 Miles © City of San Leandro. All rights reserved. Geographic Information Systems. March 2012 CITY OF SAN LEANDRO Priority Area -Downtown Wireless carriers claim to serve this area but, as noted above, wireless service is not always actually available in claimed service areas. Comcast claims to provide cable modem service to one street in the area. Otherwise, the area depends solely on AT&T's legacy copper wires5 for broadband service. Business owners in this area and smaller service providers report that these lines cannot support even the minimal, decades-old T-1 service standard. For example, staff of a chemical company located in this area reports that they have had trouble obtaining reliable commercial grade broadband service. Originally, they used a microwave-based service that delivered adequate performance, but that service is no longer available. Currently, they are paying for a T-1 class connection, but it is unreliable and only performs at about two-thirds of its rated speed. The company considers this situation to be unacceptable and a detriment to conducting business. Although AT&T denies there is a complete lack of modern telecommunications facilities, its representatives admit to having problems in the area and do not contest the specific reports of broadband unavailability. The CPUC's data similarly supports a conclusion that substandard service exists in at least some of this area. Improved broadband service availability will create an opportunity to upgrade and reposition blighted and underutilized properties in this area. San Lean dro Creek Davis /Doolittle /Adams DAVISST DOOLITTLE DR WILLIAMSST INTERSTATE 880 SOUTHBOUND 98TH AVE BIGGE ST TIMOTHY DR INTERSTATE 880NORTHBOUND WARDENAVE ADAMSAVE PREDA ST AIRPORT DR LEONARD DR EARHART RD EMPIRERD 105TH AVE CARDENST CATRON DR DOUGLASDR ARTHURAVE WESTGATE PKWY KELLY AVE MIDWAYAVE DONOVANDR MARTINBLVD EDEN RD TUDOR RD PIERCEAVE HESTERST MERCEDST BILLINGSBLVD GILMORE DR BERGEDODR HUTCHINGS DR WHITNEY ST VIRGINIAST FREDERICKRD AIR CARGO RD PEARSONAVE POLVOROSAAVE CASCADERD BEECHERST MARINA BLVD WAINWRIGHT AVE BIGGEAVE MCCORMICK ST KITTYLN TIFFANY RD GARDNERBLVD MELCHER ST ABRAM CT BERNHARDT DR HEGENBERGERRD NAVYST EL PASEODR WRINAVE FRONTAGE RD MINERVA ST LUCILLE ST EDWARD WHITE WAY TULIPLN EDISONAVE AMBER CT MARIADR NORTH BLVD DAVISST INTERSTATE 880NORTHBOUND F0 0.125 0.25 0.5 Miles © City of San Leandro. All rights reserved. Geographic Information Systems. March 2012 CITY OF SAN LEANDRO Priority Area -Davis /Doolittle /Adams San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 13 5 A significant portion of the basic infrastructure that supports local telephone and broadband connectivity is comprised of bundles of copper wire that were installed more than fifty years ago by the former Bell System. The T-1 standard was introduced in 1961 in order to support a bi-directional speed of 1.5 Mbps at a high quality-of-service level, using the copper wires of the time. Because it is a dedicated and managed circuit, its performance is usually substantially better than shared services such as DSL or cable modem, even in cases where the claimed top speed of those shared services is many times higher. A T-1 circuit is generally considered to be the lowest level of service that can be described as industrial or carrier grade. 880 Industrial Corridor This area can be generally described as the industrial properties on either side of Interstate 880, south of Davis Street and north of Manor Boulevard, between Doolittle Drive on the west and Alvarado Street on the east. As in Downtown San Leandro, property and business owners report problems obtaining commercial or industrial grade broadband service. The map analysis supports this perception. There is only one AT&T Project Lightspeed node in the area, although there are others in adjacent residential areas. Likewise, Comcast’s ability to serve this area is limited. The CPUC data indicate that there are gaps in land line-based broadband service, although it also shows that at least one carrier is reporting that it provides 1 Gbps service to at least one property on the east side of Alvarado Street. The state-of-the-art Kaiser Medical Center which is currently under construction is an example of one of the businesses in this area that will benefit from improved service availability. Shoreline Following the general pattern of broadband availability decreasing west of I-880, areas along the San Leandro shoreline have less access to commercial and industrial grade broadband service than most other parts of the City. In particular, the CPUC data show a fall off in available service levels along Monarch Bay Drive and the Marina area. High quality broadband service to the shoreline area will be particularly important in the future because planning is underway for a substantial development project at that location. A conceptual master plan developed by Cal-Coast Companies and a 30-plus member Citizens Advisory Committee includes plans for a 200-room hotel, a 15,000 square foot conference center and a 250,000 square foot office campus, in addition to 880 Industrial Corridor MARINA BLVD FAIRWAYDR WILLIAMSST DOOLITTLEDR MERCEDST AURORA DR INTERSTATE 880 SOUTHBOUND PURDUE ST INTERSTATE 880 NORTHBOUND ALVARADO ST WILEYST CORVALLIS ST ACACIAST TEAGARDEN ST ALADDIN AVE CASTRO ST JUNIPER ST CATALINA STELMST WICKSBLVD SPRUCEST SITKAST BIRCH ST CEDARAVE WESTAVENUE133RD FIJIWAY WESTAVENUE 134TH DRAKE AVE NOMEST ESSER AVE MONTAGUEAVE LOCUST ST CUMBERLAND AVE WASHINGTONAVE MONTEREYBLVD SANTIAGO RD LINTON ST CYPRESS ST SANLEANDROBLVD BERMUDAAVE TIMOTHY DR WEST AVENUE 136TH WEST AVENUE135TH WAYNE AVE FIGUEROADR PACIFIC AVE WILLOWAVE OTTAWAAVE EVELETHAVE BARRI DR SEAGATE DR WESTGATE PKWY MILLER ST CARRILLODR LEONARD DR REPUBLIC AVE POST AVE GRIFFITHST CHERRYST FREMONT AVE POLVOROSAAVE ARCTIC ST ORCHARD AVE LOQUATLN HEMLOCKST JAMAICA WAY FARNSWORTHST CROSBY ST BURROUGHS AVE WEST AVENUE140TH JUNEAUST MONARCHBAY DR VICTORAVE TIBURONRD ABRAM CT BETHANY ST MARACAIBO RD FACTOR AVE DOLLY AVE SUNDBERG AVE MENLO ST FORDHAM AVE MANZANITAAVE PORTOLA DR CAMPBELLAVE VERNA CT JIBRD JOYCEAVE YUKON ST FISKCT PORTOLA DR F0 0.125 0.25 0.5 Miles © City of San Leandro. All rights reserved. Geographic Information Systems. March 2012 CITY OF SAN LEANDRO Priority Area -880 Industrial Corridor San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 14 retail spaces, residential development, and several community amenities. Development of the hotel, conference center, and office complex will be dependent on the availability of commercial and industrial grade broadband service. It would be significantly less viable if broadband availability in the area does not improve. Conversely, exceptional broadband service (such as a direct fiber connection to the site) would assist efforts to attract top quality users and tenants. Shoreline AURORADR FAIRWAY DR MONARCHBAY DR MULFORD POINT DR WESTAVENUE134TH PESCADORPOINTDR WEST AVENUE 133RD SEAGATEDR BLUE WHALE ST OUTRIGGERDR MARINABLVD WESTAVENUE135TH F0 0.05 0.1 0.2 Miles © City of San Leandro. All rights reserved. Geographic Information Systems. March 2012 CITY OF SAN LEANDRO Priority Area -Shoreline San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 15 3. City Policy Review 3.1. Placement of broadband facilities in public right of ways The Encroachments Chapter (5-1) of the San Leandro Municipal Code sets out a clear process for anyone who wishes to install broadband facilities – such as conduit, fiber optics or equipment vaults – in a public right of way. It begins by stating "no person shall...place on, over or under [a] street any pipe line, conduit or other fixture...without having first obtained a permit." It then goes on to detail the required steps and applicable standards for obtaining a permit. The same rules apply to street side cabinets, underground vaults and other equipment placements, and indeed nearly any other kind of encroachment, for example building a fence, blocking a street or planting a tree. There are no specific requirements pertaining to fiber optic lines and other telecommunications gear. The general requirements that do apply concern things such as maintaining public access to streets, having proper insurance, performing the work to a proper standard and repairing any damage caused. Any activity in a public right of way is exempt from zoning or similar restrictions. Applicants are only required to apply to the Engineering and Transportation Department for an encroachment permit, which are typically granted if the proposal meets the technical standards referenced in the Municipal Code. City staff have thirty days to either grant the permit, with or without conditions, or provide specific reasons in writing for its rejection. AT&T's Project Lightspeed is a recent exception. The Community Development Department was asked to review AT&T's request to place 114 equipment cabinets on city streets as part of a proactive effort to make sure residents understood what was happening and why. The objective was to ensure that consistent and acceptable measures are taken to address public safety and aesthetic concerns throughout the City. The result was a staff memo (Appendix B) issued in September 2007 that outlined a cooperative process intended to facilitate the upgrading of AT&T's residential broadband service while addressing public concerns. City staff worked with AT&T to evaluate each specific location, identify and implement any mitigation measures necessary to avoid problems such as negative aesthetic or public safety impacts and provide detailed notice to people living and working in the vicinity. Where it was deemed necessary, proposed box sites were moved to more appropriate locations. San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 16 Staff developed fourteen standard conditions for the overall project, addressing public notice, traffic and neighborhood disruption, visual impact, public safety, emergency procedures, environmental concerns and compliance with City requirements. Then, each site was evaluated on an individual basis and specific conditions were imposed where appropriate. The work was performed by staff on a cost recovery basis. 3.2. Utility line undergrounding The City has a long term program to move electrical and telecommunications lines from poles to underground conduit along major thoroughfares and other key streets. The program is detailed in the City’s Underground Utility District Master Plan and its fiveyear program list. When doing this work, the City's Zoning Code also requires that all new developments on these streets either put utilities underground or pay an underground utility fee. When doing this work, the City routinely specifies additional conduit for broadband purposes. 3.3. Wireless towers and antennas The The City of San Leandro's zoning policy for wireless telecommunications facilities installed by service providers is intended to "enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently", while steering antenna and tower construction to nonresidential areas and encouraging sharing of tower sites amongst service providers. It is also intended to reduce the visual impact of wireless telecommunications facilities. The approval process is well-defined (see Appendix B) for permit applications, and encourage proposals that maximize use of existing towers and structures, minimize visual impacts and locate new structures in industrial areas. An established process for reviewing wireless telecommunications proposals tends to encourage the development of broadband facilities in a city. First, wireless telephone and broadband companies are likelier to prioritize areas that have a predictable and finite process for evaluating proposed facilities. It is not so much a question of how rigorous or restrictive the policies are, but rather a question of knowing in advance what the rules and expectations are, and how long it will take to reach a definitive yes or no answer. Second, wireless telecommunications are one of the major drivers of new fiber optic line construction. It seems a little counterintuitive at first, but providing faster fiber optic connections to a cell site or other wireless hub means more traffic can be carried by that site and more wireless bandwidth can be delivered to the surrounding area. San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 17 When a fiber optic line is built to serve a cell site, that line can also be used to support commercial and industrial service to nearby businesses. During the review process, applicants must provide information regarding all their existing and planned wireless facilities in or near the City. Initial review of applications is usually complete within 30 days. When a project doesn't qualify for automatic or administrative approval, the process is more intricate. In those cases, the City's Board of Zoning Adjustments has to grant a Conditional Use Permit (CUP). To qualify for a CUP, applicants have to meet a tougher set of requirements directly related to visual impact on the public and adjacent properties. For example, applicants may be asked to submit detailed plans, visually screen facilities with plants and show that no alternatives, such as colocation on an existing tower, are feasible. This process is consistent with the City’s goal of maintaining certain standards in areas with various classes of zoning zoning while still encouraging telecommunications service upgrades. There is no particular time limit for the Board's review and approval process, but the City has a standard time frame of three to five months to process conditional use permits, regardless of the purpose. Most of the review process is handled by staff prior to submitting it to the board for its consideration and a public hearing. The fee for an administrative review is a flat $1,531. The City charges applicants with the direct costs for processing a conditional use permit, requiring an advance deposit of $2,500 to $3,500. Terrestrial microwave links and satellite earth stations installed by individual users are handled by a separate section of the Zoning Code. Examples include DirecTv or DISH equipment installed on a home or point-to-point wireless broadband links installed at a business. This type of equipment is generally allowed anywhere in the City, subject to some requirements imposed for the purpose of avoiding "adverse impact on aesthetic values and public safety". These requirements primarily concern the choice of the specific location of this equipment on a given property, but don't generally prevent it from being installed somewhere on the property. 3.4. Location of broadband-intensive businesses The City’s zoning code does not specifically address high technology businesses, such as data or call centers, that might use high capacity, industrial grade broadband connections. There are no particular incentives or restrictions, and defined high San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 18 technology uses. When reviewing something that doesn’t neatly fit into a specific category, the City’s planning staff generally relies on common sense and looks at the original intent of a given land use rule and how it can logically be applied to new technology. Staff considers the impact on and compatibility with neighboring properties and the public, which also ties back in to original intent. 3.5. City use of broadband services There are no particular restrictions on access to City data, which is treated as civic capital and as such is subject to full disclosure. There is an ongoing project to move public meeting agenda and minutes to an electronic access system. A considerable amount of electronic information, including GIS data, is available via the City's website and, similar to printed materials, is subject to retention and public disclosure requirements. Similarly, there are no general policies regarding telecommuting. Although open data and telecommuting programs are not directly related to commercial broadband development, initiatives such as these can help stimulate demand and provides an opportunity for the City to lead by example. The City participates in the CALNET 2 bulk purchasing program for telecommunications services, including broadband, run by the State of California. This program affords lower pricing than the City could reasonably expect to obtain on its own. San Leandro Commercial Broadband Strategy 16 July 2012 Tellus Venture Associates Page 19 4. Broadband Policy Benchmarking 4.1. Policy environment In general, California and federal policy is moving towards greater support of broadband projects and services. The Federal Communications Commission has enacted rules that attempt to put limits on local and state review of cell tower permit applications, for example. On the other hand, those rules are being challenged and so far the federal courts have not allowed a complete preemption of local authority by the FCC. Other rules streamline procedures for installing new cables on existing utility poles. Bay Area congresswoman Anna Eschoo introduced a bill (HR 1695) that would require federal agencies engaged in highway construction projects to routinely install broadband conduit at the same time. This initiative was similar to an executive order issued in 2006 by then California Governor Arnold Schwarzenegger. Besides directing state agencies to include conduit in construction projects, the order included expedited review of broadband projects by state state agencies, such as Caltrans, and severely limited fees that may be imposed on broadband projects in order to permit access to public right of ways. The order also created a California broadband task force that issued a report6 that made further recommendations to encourage the growth and deployment of broadband facilities. In general, it discussed steps that can be taken to support the deployment of both wired and wireless facilities. Those recommendations included greater state funding for broadband projects, using the state’s purchasing power and anchor tenant status in many locations to support improved infrastructure and creating statewide standards for broadband construction projects. Other broadband policies initiatives are being pursued at a local level. Cambridge, Massachusetts has implemented an “open trench” policy that requires cooperation with broadband providers when