22-029 - 1R.  An ordinance authorizing the City Manager to execute an agreement between the City of Independence, acting through its municipal utility, Independence Power and Light and Missouri Network Alliance D/B/A Blue Bird Network, LLC, for pole attachments. This will have no effect on any tax revenues or general revenues.

City staff recommends approval to authorize the City Manager to enter into an Agreement.

Missouri Network Alliance, d/b/a BLUE BIRD NETWORK, LLC, wishes to place certain lines, attachments and appurtenances on IPL poles, for the limited purpose of providing their services. Blue Bird will comply with any and all local, state or federal laws and regulations. Blue Bird agrees to ensure that such placement of lines, Attachments and appurtenances does not materially interfere with IPL’s purposes and where in the IPL’s judgement, safety will not be materially adversely affected.

BLUEBIRD approached IPL for permission to attach to poles late in 2021. Standard procedure followed which included legal review of FCC current requirements. Existing pole attachment agreement was modified by IPL staff and COI approved special legal counsel. Rental rates calculated per FCC formula and verified for correctness. Per FCC, IPL cannot deny attachments but has the right to negotiate an agreement. In summary, the proposed Pole Attachment Agreement follows current FCC requirements and has been fully vetted by IPL management and COI approved special legal counsel, and BLUEBIRD has signed the proposed agreement.

No impact on any tax revenues or general revenues. Any costs for make ready work will be recovered through terms of the Pole Attachment agreement and rental fees are expected to initially generate approximately $800 per year in revenue.