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Home My WebLink Aboutres1999-052WHATCOM COUNTY COUNCIL AGENDA BILL NO. _99 -41go CLEARANCES Initial Date Date Received in Council O ke Agenda Date Assi ned to: Originator :� Dan Gibson 1�1q �n RE CE � � V, E NOV 0 2 1999 WHATCOM COUNTY COUNCIL 11 /09/99 ��n Cep pun Division Head Dept. Head. Prosecutor to% PurchasingMudgeL Executive. _ SUBJECT. Acceptance of Pacific Fiber Link Franchise under new name, Worldwide Fiber Networks, Inc. ATTACHMENTS: Resolution Cover memorandum WUTC Registration of Worldwide Fiber Networks, Inc. Articles of Merger Wed County Contract #: Should Clerk schedule a hearing. NO /X / YES / / Requested Date. SUMMARY STATEMENT: Pacific Fiber Link, L.L.0 merged with Worldwide Fiber Networks, Inc. during time that franchise with Whatcom County was being considered and granted. Resolution formalizes acceptance of franchise granted on June 29,1999, under new name. Ordinance & Resolution Distribution Request To keep down our copying costs, indicate only those who must receive a copy after Council action. List names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health RECOMMENDED ACTION: Recommend approval of resolution Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN: 9999 - 440 11/9/99: Approved 7 -0, Res. #99 -052 Re Prosecutor Public Works Jeff Monsen Sheriff Superior Court Treasurer Other Ordinance or Resolution Number (this item): !: WULNDA 8/LLdo V —Rvmq� W T OR SPONSORED BY: Consent PROPOSED BY: Exec. Public Works INTRODUCTION DATE: OGt. 26, 1999 RESOLUTION NO. 99- 05 2' ACCEPTING THE CERTIFICATE OF COMPLIANCE AND ACCEPTANCE FROM WORLDWIDE FIBER NETWORKS, INC., THE ENTITY INTO WHICH PACIFIC FIBER LINK, L.L.C., THE ORIGINAL GRANTEE OF THE FRANCHISE, HAS MERGED WHEREAS, on June 29, 1999, the Whatcom County Council adopted Ordinance No. 99- 028, which granted a non - exclusive franchise to Pacific Fiber Link, L.L.C.; and WHEREAS, the terms of the franchise required that the franchise be accepted by the grantee within a fixed period of time in order to be effective; and WHEREAS, the terms of the franchise also required that the Whatcom County Council approve in writing any sale, transfer, or assignment of the franchise by the franchisee, said approval not to be unreasonably withheld; and WHEREAS, prior to Pacific Fiber Link signing the acceptance of the franchise, it merged with and into another company, Worldwide Fiber Networks, Inc., a Nevada corporation; and WHEREAS, there appears to be no good reason not to conclude the finalization of the franchise acceptance by the new corporate entity upon the receipt.of the properly executed Certificate of Compliance and Acceptance of Franchise from Worldwide Fiber Networks, Inc.; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the franchise previously proffered to Pacific Fiber Link, L.L.C. by adoption of Whatcom County Ordinance No. 99 -028 be offered on the same terms to the corporate entity into which it has merged, namely, Worldwide Fiber Networks, Inc., and that the time period for the latter to execute the Certificate of Compliance and Acceptance of Franchise be thirty days from the date of the adoption of this resolution. APPROVED this 9 day of November, 199.9 Page 1 ATTEST: APPROVED AS TO FORM: Civil Deputy Prosecutor Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marlene Dawson, Council Chair WORLDWIDE FIBER VIA OVERNIGHT MAIL October 18, 1999 Mr. Daniel L. Gibson Senior Civil Deputy Prosecuting Attorney Whatcom County Public Works Department 311 Grand Avenue Bellingham, Washington 98225 -4038 Worldwide Fiber 1333 West 120 Avenue Suite 216 Westminster CO 80234 Phone: 303 - 450 -5130 Fax: 303 - 450 -6102 Re: Merger of Pacific Fiber Link, L.L.C., and Worldwide Fiber Networks, Inc. Mr. Gibson: Pursuant to your email requesting further information: Worldwide Fiber Networks, Inc., a Nevada Corporation, ( "WFI ") has merged with Pacific Fiber Link, L.L.C., a Washington State Limited Liability Company ( "PFL "). WFI is the surviving entity. The Articles of Merger are enclosed. The Washington Utilities and Transportation Commission granted WFI an Order Authorizing Registration and Granting Petition for Competitive Classification in Docket No. UT- 990858. WFI was also grated authority to do business as a foreign corporation. Both documents are enclosed as well. Thank you for your assistance. Sincerely, iubie l R. Hawkins Assistant General Counsel 99/07/14 UT- 990858 WORLDWIDE FIBER NETWORKS, INC. Reffit"dwww.wutc.wa.gov/webdocs.nsf/6529e , N.� UT( Online Document � General Info Document Name: 99/07/14 UT- 990858 WORLDWIDE FIBER NETWORKS, INC. Registration Description: Order Authorizing Registration; Granting Petition for Competitive Classification; and Approving Price List `*'Body BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Application and Petition of WORLDWIDE FIBER NETWORKS, INC. For Registration as a Telecommunications Company and Classification as a Competitive Telecommunications Company. ............................... DOCKET UT- 990858 ORDER AUTHORIZING REGISTRATION; GRANTING PETITION FOR COMPETITIVE CLASSIFICATION; AND APPROVING PRICE LIST BACKGROUND By petition filed June 17, 1999, in Docket UT- 990858, Worldwide Fiber Networks, Inc. (Worldwide) seeks registration as a telecommunications company, classification as a competitive telecommunications company, and approval of its proposed price list .pursuant to RCW 80.36.350 and 80.36.320. The registration application, competitive classification petition, and initial price list were brought before the Commission at its regularly scheduled open public meeting of July 14, 1999. DISCUSSION Worldwide proposes to register with the Commission as a telecommunications company to offer high capacity transport negotiated and performed on an individual case basis. In support of its petition, Worldwide asserts that its services compete with other interexchange carriers' telecommunication services. Worldwide states 1 of 6 8/27/99 12:09 99/07/14 UT- 990858 WORLDWIDE FIBER NETWORKS, INC. Reffitqaidwww.wute.wa.gov/ webdocs. nsf/ 6529e... t9P98ad73ed882567ae00744c86 ?OpenDocu that customers have readily available equivalent alternatives and that there are no captive customers of the Company's services. Worldwide is a Nevada corporation, headquartered in Westminster, Colorado, and is wholly owned by Ledcor, Inc. Terms, and conditions set forth in the proposed price list are structured similarly to those filed by other interexchange carriers for calls placed in the relevant market. Worldwide has provided information showing that it meets the requirements of RCW 80.36.350. Applicant does not propose to collect advance payments or deposits from customers. In conjunction with classification, -the Company is seeking waiver of: RCW 80.04.300 Budgets to be filed by companies -- Supplementary budgets RCW 80.04.310 Commission's control over expenditures RCW 80.04.320 Budget rules RCW 80.04.330 Effect of unauthorized expenditure -- Emergencies RCW 80.04.360 Earnings in excess of reasonable rate -- Consideration in fixing rates RCW 80.04.460 Investigation of accidents RCW 80.04.520 Lease of utility facilities RCW 80.36.100 Tariff schedules to be filed and open to public RCW 80.36.110 Tariff changes -- Statutory notice -- Exception Chapter 80.08 RCW Securities (except RCW 80.08.140) Chapter 80.12 RCW-Transfers of Property Chapter 80.16 RCW Affiliated interests Chapter 480 -80 WAC Tariffs Chapter 480 -140 WAC Budgets Chapter 480 -143 WAC Transfers of Property Chapter 480 -146 WAC Securities and affiliated interests WAC 480 - 120 -026 Tariffs WAC 480 - 120 -031 Accounting WAC 480 - 120 -032 Accounting - Political information and political education activities WAC 480 - 120 -036 Finance -- Securities, affiliated interests, transfer of property WAC 480 - 120 -046 Services offered WAC 480 - 120 -131 Reports of accidents Rules invoked include WAC 480 - 120 -022, WAC 480 - 120 -023, WAC 480 - 120 -024, and WAC 480 - 120 -025. Statutes invoked include RCW 80.36.320, and RCW 80.36.350. The ultimate issues are whether Worldwide should be registered as a telecommunications company, whether it should be classified as a competitive telecommunications company, whether its proposed price list should be approved, and the extent to which it should be relieved of regulatory requirements to which it 2 of 6 8/27/99 12:09 99/07/14 UT- 990858 WORLDWIDE FIBER NETWORKS, INC. Reffingoadwww. wutc. wa. gov/ wcbdoes. nsf/ 6529e... f9f98ad73ed882567ae00744c86 ?OpenDocw would otherwise be subject. Based upon the entire record and the file in this matter, the Commission makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. Worldwide filed an application for registration as a telecommunications company and a petition for classification as a competitive telecom- munications company pursuant to the provisions of RCW 80.36.350 and 80.36.320, to provide high capacity transport negotiated and performed on an individual case basis. 2. As to form, the application and petition meet the requirements of RCW 80.36.350 and 80.36.320, and comply with the Commission's rules and regulations. 3. The registration of Worldwide as a telecommunications company is not inconsistent with the public interest. 4. In this proceeding, the Commission in no way endorses the financial viability of applicant nor the investment quality of any securities it may issue. 5. Alternative providers of service to that of Worldwide include, but are not limited to, AT &T Communications of the Pacific Northwest, Inc., GTE Northwest Incorporated, MCIWorldCom, Inc., and Sprint Communications Corripany L.P. All services are fully available from alternative providers in the relevant market. 6. The relevant market is the State of Washington. 7. Worldwide has no captive customer base. 8. The services offered are subject to effective competition. 9. Worldwide should be permitted to provide services under its proposed price list. 10. Worldwide requested waivers of certain laws and rules relating to telecommunications services. The laws and rules for which waivers should be granted are listed in Appendix A, incorporated by this reference and made a part of this Order. CONCLUSIONS OF LAW 1. The Washington Utilities and Transportation Commission has jurisdiction over the subject matter of this registration application and classification petition and Worldwide. 2. Worldwide should be registered as a telecommunications company pursuant to 3 of 6 8/27/99 12:09 9/07/14 U[- 990858 WORLDWIDE FIBER NETWORKS, INC. Rehabl www. wutc. wa. gov/ webdocs. nsf/ 6529e... f9f98ad73ed882567ae00744c86 ?OpenDocw RCW 80.36.350 and classified as a competitive telecommunications company pursuant to RCW 80.36.320(1). 3. Worldwide should be permitted to provide services under price lists promulgated under RCW 80.36.320 (2). These services shall not include operator services as defined in WAC 480 - 120 -021. 4. Worldwide should be granted waivers of the laws and rules listed in Appendix A; waivers of laws and rules requested that are not included in Appendix A should be denied. ORDER THE COMMISSION ORDERS: 1. After the effective date of this Order and subject to any conditions imposed, the application of Worldwide Fiber Networks, Inc., requesting an order authorizing registration as a telecommunications company to provide service to the public in this state is approved. 2. The petition of Worldwide Fiber Networks, Inc., for classification as a competitive telecommunications company is approved; waiver of -the laws and rules listed in -the attached Appendix A is granted. 3. The proposed price list of Worldwide .Fiber Networks, Inc., for rates and services is approved. 4. Registration of Worldwide Fiber Networks, Inc., as a telecommunications company shall not be construed as an endorsement of financial viability nor of the investment quality of any securities it may issue. 5. As a telecommunications company providing service to the public in this state, Worldwide Fiber Networks, Inc., is subject to the jurisdiction of this Commission under the provisions of Title 80 RCW and all rules and regulations adopted by the Commission. 6. Worldwide Fiber Networks, Inc., is not authorized to collect advance payments or deposits unless it first demonstrates to the Commission's satisfaction that it has an arrangement to protect customer monies as provided in WAC 480- 121 -040. 7. Worldwide Fiber Networks, Inc., is authorized to offer rates and services pursuant to the price list in the format prescribed by the Commission. The price list approved in this proceeding, and subsequent changes to that price list, become effective only after ten days notice to the Commission and to customers. In the event of a price list reduction or of a change in terms and conditions which do not have rate impact, personal notice to customers is not required. To comply with the of A 8/27/99 12:09 99/07/14 UT- 990858 WORLDWIDE FIBER NETWORKS, INC. Reffittpadwww.wutc.wa.gov/webdocs.nsf/6529e statutory notice requirement,Worldwide Fiber Networks, Inc., may publish notice of price reductions or changes in terms and conditions of service that do not have rate impact by a display advertisement in such newspaper(s) as are geographically situated to be circulated over the Company's service area. 8. Worldwide Fiber Networks, Inc., is not authorized to provide operator services as defined in WAC 480 - 120 -021. 9. The Commission retains jurisdiction over the subject matter and the Company to effectuate the terms of this Order. DATED at Olympia, Washington, and effective this 14th day of July 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN, Secretary APPENDIX A RCW 80.04.300 Budgets to be filed by companies -- Supplementary budgets RCW 80.04.310 Commission's control over expenditures RCW 80.04.320 Budget rules RCW 80.04.330 Effect of unauthorized expenditure -- Emergencies RCW 80.04.360 Earnings in excess of reasonable rate -- Consideration in fixing rates RCW 80.04.460 Investigation of accidents RCW 80.04.520 Lease of utility facilities RCW 80.36.100 Tariff schedules to be filed and open to public RCW 80.36.110 Tariff changes -- Statutory notice -- Exception Chapter 80.08 RCW Securities (except RCW 80.08.140, State not obligated) Chapter 80.12 RCW Transfers of Property Chapter 80.16 RCW Affiliated interests Chapter 480 -80 WAC Tariffs - Chapter 480 -140 WAC Budgets Chapter 480 -143 WAC Transfers of Property Chapter 480 -146 WAC Securities and affiliated interests WAC 480 - 120 -026 Tariffs WAC 480 -120 -031 Accounting WAC 480 - 120 -032 Accounting - Political information and political education activities WAC 480 -120 -036 Finance -- Securities, affiliated interests, transfer of property WAC 480 - 120 -046 Services offered WAC 480 - 120 -131 Reports of accidents 5 of 6 8/27/99 12:04 99/07/14 UT- 990858 WORLDWIDE FIBER NETWORKS, INC. Reffitqaavwww.wutc.wa.gov/webdocs.nsf/6529e .. f9f98ad73ed882567aeOO744c86?OpenDocur Creation Info Cathie Anderson was the last to edit this document, on 07114199. 1300 S. Evergreen Park Drive SW - Olympia, WA 98504 -7250 E -Mail: Webmaster6Dwutc.wa.gRv Phone: 360 -664 -1160 (in state toll -free: 1- 800 - 562 -6150) 6 of 6 8/27/99 12:09 =Z. of 1 T -478 P.08/16 F -121 Z RALPH MUNRO, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OFAUTHORITY to WORLDWIDE FIBER NETWORKS, INC. a Nevada Profit corporation. An Application for this Certificate of Authorizy to transact business or conduct affairs in Washington State was filed for record in this office on the date indicated below. LJBI Number: 601 954 812 .W� H STATE' I899 PAM -1: Date: May 17, 1999 r Given under my hand and the Seal of the State of Washington at Olympia, the State Capital 8364 -9 05/24/99 HON 16:52 [TX /RX NO 66561 APR 0 11999 ARTZCLas if MMGIM ow Nuak— ArtLe{ar o[i<t"w an NO& *b At t day of IKirtk 19991 betwaaet Patat Fbr Uak Pos Lae.. aNevaia pondoo (satutirttsaa 1�betad ao ltaasia as t6o "biewia C4psaadoa" W t6. "ev�i Correstiaai7 and Jrsatfia Fbw Litek LLC. s Wsahiagmn lim{esd lisblUq AWRY Gomsdao eaJllasit to ltaraGt ar � "Wadwt�t slc" Dade ">rtat�et Cott�y�, i1iC1ZAU A. 'ilteNorsda Catparatioa i. acatpotKion da(y aa�tuised sttd a i4 f nedarmo la•� Of the Stun •�• ? �'.�.:i ughtarad olfios bated at ISIS l�slvmW tale. &L 2K Rata, Nevads 125E B. 7U *WaAdr4Mq LLC is a UPWMsd tiabifih aampan7 MY Wgmdud sod std.dad undo dw low of dW Stab Qf WU dapoa arith Its t+sgis &Md WTW located at 1430 Mft Awc=M Sts. 3510. Sdrade, WaddK&a 98101401. 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IGM ties i UL fa 003 /004 NO r P K34-OM '[be AM61e5 of kicacporstloo of 00 8ucv1viaS CoV00don" oott IM m be ire MlicUw •Ire" +mss excopL ibst aocaedIng w the vgroetnettt and plan of Mager l nkto 1 is un4dod tD . L NAAW Thownw oftbe eerpondoa L WORMWII]E FMIMNETWovtx-1, INC ty. 7110 oOmplaos exeeutod agraaaunt and pitA of wwrW is to 6k at the repstwW olow of the Surviving I e1e nelucchi Lem ste. 224. Vwo. Nev:aa 39501. On the affeativs data of th+o marpar. tU scparau 4zistenee of the Mragad Company shaft eeaie, and the Surviving CoMoradon shall 2ucoead.m all *A rlghha privkM itamuWtim. and franchises, sad atl the propulty, teal. Pcsonsl, and usizod. of the Marked COMPMy. without the neeestitY for nay aepuara traWw. The Survivins Cagm ation slmll dlu:rcaftw bo mWoosiblo and liable for sit liabilitWas and obligations of ttse Merged Company. and aWther dw tights of crowtors oar any liras on rho prvpetty of d s Merged Company "I ba impaired by the metgat. Vi. The maser takrt dlba upon the fiUnS of tha.se kddes of McMer. PACIFIC FIBER LINK POR -SAC. INC. By: By- 3 Ran Stevenson. Seaecary f J Vy/ LIi II ir..•.• a /aA a ..rr .rr.r �....� . a A.r la'a, �. a L✓aM, v.. .. �� 94/19/29 12a53 FAX $04 saa of =9 CAMMY a 1[ERM _ �• �ooaiooa z HO -487 - •' ga��99 18:31 ASTC I- 6C •'3e6 0829 - 04-131.4" 15+ Im DUC3. + 793621W PG. 460 pm&.Im BTxTB COU'N•r'y Oj Oaf= d""MaA.1999.pc mad lyappew"beforasm&NotayPtablie. JERRY TiiARP. who ad=wledged tD me that ha ao emW the iwr ahM ARTICLES OF WAGSiL. COUNTY OF %J . &&2 ffl = 1 u• On V�3�ay of March,1999. pmoWly appeared W:A= ttsa. a Namy Public., RON MVENS W who aeknowlodged to me that bo =:cumd the 3. tott:Qoi TIC GP MERGER r ;r j} '%s rrm. �s r •' tlNBi a MOM Pa SW40 . 1ILt ww ftammm