MARIN TELECOMMUNICATIONS AGENCY 555 Northgate Drive, Suite 102, San Rafael, CA

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1 MARIN TELECOMMUNICATIONS AGENCY 555 Northgate Drive, Suite 102, San Rafael, CA DATE: Wednesday, February 13, 2019 TIME: PLACE: A. Call to order. BOARD MEETING NOTICE CLOSED SESSION 6:30 PM TO 7:30 PM REGULAR MEETING 7:30 PM Corte Madera Council Chambers, 300 Tamalpais Dr., Corte Madera, CA AGENDA B. CLOSED SESSION 6:30 pm 7:30 pm Conference with Legal Counsel Anticipated Litigation, pursuant to (c), two cases C. Adjourn from Closed Session into Regular Meeting Note Reportable Actions D. REGULAR MEETING 7:30 PM E. Director Comments F. Executive Officer s Report (Oral Report) G. Consent Calendar: 1) Approve MTA November 14, 2018 Board Meeting Minutes 2) Receive MTA FY19 Budget Status Report Through February 4, 2019 H. Public Open time for items not on the agenda This portion of the meeting is reserved for persons who want to address the Agency on any matter not listed on the agenda. The Ralph M. Brown Act prohibits discussion of items that are not duly placed on the agenda. Speakers are limited to three minutes. Please Note: The Chair will allow time for public comment on each agenda item. I. Discussion FY Proposed Budget J. Update Legislative/Regulatory Update, Consider Adoption of Resolution of Support for HR. 530 (Eshoo) and Letters of Support to the Congressional Delegation K. Process Discussion Executive Officer Evaluation L. Adjourn Regular Meeting NEXT MTA REGULAR BOARD MEETING: April 10, 2019, 7:00 PM, Corte Madera Town Council Chambers, 300 Tamalpais Drive, Corte Madera. See MTA s website at for MTA meeting updates. A COMPLETE AGENDA PACKAGE IS AVAILABLE FOR VIEWING AT 555 Northgate Drive, Suite 102, San Rafael, CA or at the agency s website Copies of past MTA minutes are available for viewing at the same locations. MTA Board Meeting Agenda Prepared on

2 MARIN TELECOMMUNICATIONS AGENCY November 14, 2018 REGULAR BOARD MEETING MINUTES Corte Madera Council Chambers, 300 Tamalpais Drive, Corte Madera CA Present: Barbara Coler, Chair, Town of Fairfax Sashi McEntee, Vice Chair, City of Mill Valley Jim Andrews, Town of Corte Madera Joe Burns, City of Sausalito (arrived 7:25 pm, departed at 9:02 pm) Kay Coleman, Town of San Anselmo (departed at 9:02 pm) David Kulik, Town of Tiburon (departed at 9:02 pm) Andrew McCullough, City of San Rafael Elizabeth Robbins, Town of Ross Dennis Rodoni, County of Marin Absent: Marty Winter, City of Belvedere Staff: Jean Bonander, Executive Officer Christine Kish, Executive Assistant A. Call to Order: Chairperson Coler called the meeting to order at 7:08 PM. B. Director Comments: None. C. Executive Director Report: AGENDA ITEM G1 Bonander attended NATOA conference in Philadelphia in August 2019 which was informative. The conference focus was on cable franchise and local government concerns about the public right of way. Staff continues to have technology problems at MTA, although files on the server have been recovered and new systems have been established to back up files and insure data integrity. The website platform is scheduled for an update in the near future and the phone system is being replaced. Work has begun on the annual financial audit. D. Consent Calendar: 1) Approve MTA August 8, 2018 Board Meeting Minutes. 2) Receive MTA FY 19 Budget Status Report through November 1, Board members asked about the MIDAS fee for CMCM and how the MTA operating expenses were deducted from the franchise fees. Board Members McCullough and McEntee asked for further clarification in future reports. Chair Coler opened the floor for public comment. Mr. Vogen asked that the MTA clearly Identifies the sources of income from ATT, Comcast and Horizon on the budget status report in the future. Chair Coler stated that MTA may be able to post such information on the website. M/S/P Coleman/Andrews, to approve Item D 1, MTA August 8, 2018 Board Minutes. AYES: Coler, McEntee, McCullough, Rodoni, Robbins, Coleman, Kulik, Andrews NOES: None. Motion carried.

3 M/S/P Coleman/Andrews, to approve the Budget Status Report thru November 1, AYES: Coler, McEntee, McCullough, Rodoni, Robbins, Coleman, Kulik, Andrews NOES: NONE Motion carried. E. Public Open Time for items not on the agenda: Members of the public commented about updating the MTA website, MTA s role regarding wireless issues and the Comcast revenue audits. F. Presentation on Municipal Fiber Optic Networks Issues in Marin Dane Jasper, CEO, Sonic: Bonander introduced Mr. Dane Jasper, CEO of Sonic, and requested that he deliver a brief presentation regarding municipal fiber networks. Mr. Jasper stated that Sonic is a Santa Rosa based telecommunications carrier. Sonic has 500 employees and about 100,000 customers, and the company is focused on fiber networks. Companies offering cable franchises have a majority of the media market, and companies like Sonic offer another option. Albany, Kensington, and other East Bay cities have or are developing networks with Sonic. Brentwood has laid fiber throughout its community. Public-Private Partnerships (PPPs) have worked well for the parties involved. Wireless and 5G communications will grow regardless of what happens with fiber optic installations. From Sonic s perspective fiber networks will be built based the density of residential, commercial and industrial connections related to access to aerial or underground infrastructure, which drives deployment costs. Mr. Jasper estimated costs for residential installations at between $500 to $2,600 per property and suggested that a tax measure generating about $40 per month for a limited period of 5 to 10 years could provide a high speed system under the control of local government for net neutrality, equity of access and distribution and data privacy. Board members raised questions about cost, how a potential tax measure would be structured, uptake rates, meaning how many subscribers would be needed for the installation to be cost effective and Mr. Jaspers impressions about the future of cable television. Members of the public commented about cost, AT&T s above ground fiber installations and net neutrality issues. Mr. Jasper responded to the public comments. Chair Coler thanked Mr. Jasper for his time and for the informative presentation. G. Election of MTA Officers, and Finance and Policy Committee Members for Bonander provided a staff report on the annual election of officers and committee members, and recommended the Board take action to elect a Chair, Vice Chair and the members of the Finance and Policy Committee. M/S/P McCollough/Robbins, to approve Chair Coler to continue as the Chair of MTA. AYES: Coler, McEntee, McCullough, Rodoni, Robbins, Coleman, Kulik, Andrews, Burns NOES: NONE Motion carried. M/S/P McCollough/Rodoni, to approve Vice Chair McEntee to continue as the Vice Chair of MTA. AYES: Coler, McEntee, McCullough, Rodoni, Robbins, Coleman, Kulik, Andrews, Burns NOES: NONE Motion carried. G1-G1-MTA Board Minutes docx Page 2

4 M/S/P McCollough/McEntee, to approve Finance and Policy Committee Members Coler, McEntee, McCullough, Rodoni, Kulik and Coleman (alternate) to continue to serve on the Finance and Policy Committee. AYES: Coler, McEntee, McCullough, Rodoni, Robbins, Coleman, Kulik, Andrews, Burns NOES: NONE Motion carried. H. Information Report Legislative/Regulatory Update. Bonander provided an update on the Federal and State legislative and regulatory environment, expressing concern about the franchise fee and PEG revenue implications for the future, and the Federal overreach into areas that have historically been the purview of local governments regarding the custody of the public rights of way. Board Members and representatives of Community Media Center of Marin (CMCM) commented about the potential impacts and expressed concern about delivery of community media services in the future. Chair Coler asked that an item be placed on the February 13, 2019 about future revenue related issues, and potential impacts on MTA and CMCM. Members of the public expressed support for the PEG channels and CMCM. I. Approve Agreement with BB&K for Participation in Legal Defense Effort against FCC Orders/Rule Making affecting Franchise Fee Funding, PEG Channels and Local Control of the Public Right of Way. Bonander delivered the staff report and recommended the MTA Board allocate $3,500 for an agreement with Best, Best & Krieger (BB&K) to participate in a consortium of local governments, states and legal counsels to resist the recent FCC actions to reduce franchise fee/peg revenues, and to address the FCC s attempts to limit local government oversight of wireless attachments in the public rights of way. Member McCollough expressed concern that this matter does not represent a primary focus for MTA, suggested that individual jurisdictions take a stand if in the community interest, and indicated that he would vote against approving the agreement. Members of the Board commented on Member McCullough s statements, reflecting understanding of the concerns raised. M/S/P McEntee/Coleman, to approve agreement with BB&K for Participation in Legal Defense Effort against FCC Orders/Rule Making affecting Franchise Fee Funding, PEG Channels and Local Control of the Public Right of Way. AYES: Coler, McEntee, Rodoni, Robbins, Coleman, Kulik, Andrews, Burns NOES: McCullough Motion carried. J. Community Media Center of Marin (CMCM) Annual Report for July 1, June 30, Bonander introduced Michael Eisenmenger, Executive Director of CMCM who delivered the annual CMCM report. Mr. Eisenmenger noted the one corrected budget slide which was different than the original submitted in printed form to the board. The board discussed the presentation and asked Mr. Eisenmenger about CMCM could function if PEG fees are reduced or eliminated. CMCM is continuing to look at sources of outside revenue, which currently represents about 25% of their operating revenue. There are community media models that raise revenue in different ways, such as by offering courses for much higher fees, whereas CMCM provides community access to equipment and training that would not be available under the media arts model of services. Vice Chair McEntee reinforced that MTA s oversight of the CMCM is one of our core functions. Member Andrews noted that the FCC proposed actions could affect PEG channel operations. Chair Coler opened the floor to public comments. Members of the public expressed support for CMCM, supporting the current operations. Mr. G1-G1-MTA Board Minutes docx Page 3

5 Eisenmenger responded to the public comments, and Chair Coler thanked Mr. Eisenmenger for the presentation. I. Adjourn: Chair Coler then entertained a motion to adjourn. M/S/P McCollough/Robbins, to adjourn. AYES: Coler, McEntee, McCullough, Rodoni, Robbins, Andrews NOES: NONE Motion carried, and the meeting adjourned at 9:29 pm. Respectfully Submitted, Jean Bonander, Executive Officer November 14, 2018 G1-G1-MTA Board Minutes docx Page 4

6 AGENDA ITEM G2 MARIN TELECOMMUNICATIONS AGENCY 555 Northgate Drive, Suite 102, San Rafael CA DATE: February 13, 2019 TO: MTA Board of Directors FROM: Jean Bonander, Executive Officer SUBJECT: BUDGET STATUS FY19 YTD FEBRUARY 4, 2019 Recommended Action: Receive FY19 Budget Status Report for Operating Fund 8017 and PEG Fund 8018 YTD through February 4, Discussion: Attached is the FY19 year-to-date budget status report for MTA Operating Fund 8017 and PEG Fund It reflects the FY19 annual budget approved June 13, 2018, and actual revenues and expenses through February 4, As noted at the November Board Meeting, the annual estimated operating expenses for MTA are deducted from the first franchise fee revenues each year, so the first quarter payment is a net amount. The remaining three quarters of franchise fees are full proportional transfers to the jurisdictions. 1. Operating Fund 8017 shows the agency expense budget and the franchise fee revenues and payments to the members. MTA s FY19 year-to-date revenues are $1,769,358 which is 43% of the approved budget. Operating expenses to date are $93,697 which is 40% of the annual budget for the agency s annual operating expenses. One-time expenditures, such as the annual insurance premium, a short additional contract for services with the former Executive Officer, the membership dues and annual NATOA conference expenses are posted in the first six months of operation. 2. PEG Fund 8018 reflects the year-to-date PEG (Public, Education, and Government) revenue and expenses. PEG fee revenues are $374,960 which is 40% of the annual PEG revenue projections. Payments to the CMCM are $374,820 which is 40% of FY19 projections. The difference, $140 is interest, which is retained in the PEG Fund. Attachment: - FY19 YTD Budget Status Operating Fund (8017) and PEG Fund (8018) YTD February 4, 2019 G2 MTA Staff Report FY2019 Budget Status MTA Board Mtg

7 MTA FY18 Budget Approved 6/13/18 Operating Fund 8017 and PEG Fund 8018 YTD Actuals as of 2/4/19 FYE19 Budget YTD - Operating Fund 8017 FYE19 Budget FYE19 YTD YTD % Approved Actual 6/13/18 2/4/19 2/4/19 Revenues: Franchises 4,100,000 1,769,358 43% Interest 5,000 1,576 32% Other (Larkspur Administrative Fee) 8,000 7,923 99% Total Revenues 4,113,000 1,778,857 43% Operating Expenses: Professional Services 164,500 67,366 41% Administration & Financial Services 31,000 3,450 11% Insurance Premiums 10,000 9,094 91% Communications Services 2, % Rent & Operating Leases 14,000 8,729 62% Minor Computer Equipment 319 0% Memberships, Conference, Webinars 4,000 2,260 57% Travel 3,000 1,415 47% Office Supplies 3, % Total Operating Expenses 232,200 93,697 40% Net Income 3,880,800 1,685,160 43% Available for Distrbution to Members: Net Income 3,880,800 1,685,160 43% CMCM Network Services (MIDAS) (21,000) 0% Increase (Decrease) to Reserves 3,859,800 1,685,160 44% Net Distribution to Members 3,859,800 1,507,228 39% Cash: Inflows 4,113,000 1,778,857 43% Outflows** 4,113,000 1,600,925 39% Net Cash Increase (Decrease) 0 177,932 ** Franchise fee payments to members + MTA operating expenses + Member funded expenses FYE19 Budget YTD - Operating Fund 8018 FYE19 Budget FYE19 YTD YTD % Approved Actual 6/13/18 2/4/19 2/4/19 Revenues: Franchises (PEG Fees) 931, ,820 40% Interest % Total Revenues 931, ,960 40% Operating Expenses: Outgoing PEG Fees 931, ,820 40% Total Operating Expenses 931, ,820 40% Net Income* * $600 to be retained in PEG Fund Balance (8018) /Users/jeanbonander/Desktop/MTA Board Mtg/ G3-MTA FY2019 Budget Status Report copy.xlsx Current Budget Status Report 2/8/19 9:45 AM

8 MARIN TELECOMMUNICATIONS AGENCY 555 Northgate Drive, Suite 230, San Rafael CA AGENDA ITEM I DATE: February 13, 2019 TO: MTA Board of Directors FROM: Jean Bonander, Executive Officer SUBJECT: DISCUSSION FY PROPOSED BUDGET Recommended Action: That the Board of Directors consider the information provided in the report and comment as needed. Background and Analysis: At the regular meeting on April 10, 2019 the MTA Board of Directors will conduct its first of two public hearings on the MTA s FY proposed budget. The second hearing and consideration of adoption is scheduled for the regular meeting on June 12, There are a number of potential factors occurring that could affect the franchise fee and public, education and government (PEG) fee revenues in the fiscal year. Staff would like to take the opportunity to highlight some of the issues and ask the Board Members for their perspectives prior to initiating the budget preparation process. The key revenue issues are noted below: Current Challenges to Franchise Fee and PEG Revenue At the November 14, 2018 Board Meeting, staff commented that the FCC s proposed rule making could affect franchise fee revenue, and by association, PEG fee revenue, if the rules were fully enacted. The National Association of Telecommunications Officials and Advisors (NATOA) evaluated the FCC proposals, and suggested that local governments in state franchise states, like California, prepare for up to 30% less franchise fee revenue in as soon as FY NATOA also noted there was some possibility that the largest cable carriers might start reducing franchise fee revenues by deducting the value of the PEG stations and other offsets in FY , assuming that the FCC adopted the proposed rules prior to June 30, Between August and November 2018, local governments marshaled their forces and those of associated organizations, filed thousands of comments with the FCC, filed legal actions to null or offset the FCC proposals, and contacted Congressional delegates to encourage elected officials to question the FCC s actions as an overreach of authority and inappropriate interpretation of the Telecommunications Act of In addition, the national election changed the representation in the House of Representatives, and some Congressional members initiated inquiries into the FCC s possibly questionable

9 relationships with the telecommunications and cable television industries. Congressional members are also concerned about the FCC s and industry s attempts to affect which courts would consider the legal filings in opposition to the orders and rule making. Finally, the Federal government shut down for 35 days partially affected the FCC s ability to take action on some of these matters. As a result, it appears that action on the FCC s proposals will be delayed later into Even so, it is appropriate for the MTA to continue to closely monitor its income from franchise fees, and to work with the Community Media Center of Marin (CMCM) on its strategic plan so both organizations are considering a future that may include less franchise fee and PEG revenue. Effect of Cord Cutting and Transition of Media Consumption/Bundled Media to Streaming Media So far, the effects of the transition from using cable television for media consumption to other formats in Marin, such as on-line streaming, have been minimal. Actual franchise fee revenue from AT&T and Comcast in FY was $3,636,349, and unaudited in FY it was $3,674,158, a positive difference of $37,809 or about 1%. Once the FY audit is complete, there may be additional adjustments to revenue in that period. A chart showing the jurisdiction and cumulative revenues from AT&T and Comcast for the last four fiscal years is shown below. AT&T & COMCAST TOTAL FRANCHISE FEES FY FY15-16 FY16-17 FY17-18 Belvedere $63, $65, $64, $62, Corte Madera $197, $207, $209, $205, Fairfax $142, $147, $149, $144, Marin County $1,020, $1,063, $1,070, $1,035, Marin County (Novato) $134, $139, $143, $141, Mill Valley $317, $322, $326, $314, Ross $81, $80, $78, $75, San Anselmo $329, $335, $351, $318, San Rafael $957, $995, $1,021, $987, Sausalito $183, $184, $184, $175, Tiburon $206, $214, $219, $211, TOTALS $3,636, $3,756, $3,819, $3,674, It appears that Marin residents have been slow to move to other media platforms, and that rate increases for AT&T and Comcast customers have kept pace with both inflation and the minimal levels of transition. In the past year, AT&T has been particularly aggressive about moving its customers from U-Verse to DirecTV, which is having a noted but minimal effect on AT&T franchise fee revenue. Most of the franchise fee and PEG fee revenue in Marin results from Comcast subscriptions. Neither Comcast or AT&T appear to be focused on customer retention, maintenance or enhancement of services on the cable platform. The most recent evidence of that perspective in Marin was Comcast s 30 day notice to eliminate FM radio carriage for cable customers. The industry is attempting to move rapidly, and often chaotically, toward on-line fiber and wireless streaming services in lieu of cable, and is working hard to convince regulators to eliminate franchise fees and PEG fees as unnecessary and even unconstitutional. I-MTA Staff Report FY Proposed Budget Discussion.docx 2

10 In summary, while the current revenues appear stable, the short term, which is 2 5 years, is in flux and may negatively change with stunning rapidity. Most in local government and among the national associations expect cable franchise and PEG fee revenue to continue to decline in future years. Expense Analysis Finally, in addition to preparing a continuing maintenance budget for MTA for FY , it is appropriate to evaluate the estimated expenditures in future years. MTA s FY operating budget is $232,200, which is 5.65% of the estimated gross franchise fee revenue of $4,113,000. MTA s FY operating budget was $283,900, and budgeted franchise fee revenue was $4,175,500. The transition from the Executive Officer position at an 80% Full Time Equivalent (FTE) position to the current 50% FTE and the incorporation of the customer service/administrative assistance duties into the bookkeeping contract position comprise most of the expense difference between the two fiscal years. There are some expense categories that staff has been examining as part of future budget planning in FY and beyond. Staff has consulted its auditor, its legal counsel and its Information Technology Consultant for assistance in identifying these issues. They include: Examining the liability insurance coverage relative to risk; Examining alternative website platforms for better performance, ease of use and potentially less cost; Examining MTA Reserve Fund levels relative to risk and possible changes in the MTA s revenue stream; Examining the need for designated office space (the lease for the current MTA office space expires in April 2020); Examining records retention for the agency and streamlining the storage of physical records; and Examining the audit and accounting practices for more efficiency. Staff would appreciate the Board s comments and suggestions regarding options for future expense adjustments in light of the potential diminishment of future revenues. The Finance and Policy Committee may wish to consider meeting in March 2019, prior to the April 10, 2019 Budget Hearing, to review and evaluate the proposed FY budget. If so, staff will identify meeting date options for the Committee s consideration. I-MTA Staff Report FY Proposed Budget Discussion.docx 3

11 MARIN TELECOMMUNICATIONS AGENCY 555 Northgate Drive, Suite 230, San Rafael CA AGENDA ITEM J1A REVISED DATE: February 13, 2019 TO: FROM: SUBJECT: MTA Board of Directors Jean Bonander, Executive Officer LEGISLATIVE/REGULATORY UPDATE INFORMATION REPORT, AND CONSIDER ADOPTION OF RESOLUTION NO IN SUPPORT OF HR. 530 (ESHOO) AND LETTERS OF SUPPORT TO THE CONGRESSIONAL DELEGATION Recommended Action: That the Board of Directors consider the information provided in the report, comment as needed, adopt Resolution No supporting HR. 530 (Eshoo), and authorize the Chair to send letters of support for HR. 530 to the Congressional delegation. Background: In November 2018, staff reported on three bills pending Congressional bills, and actions proposed for adoption by the Federal Communications Commission (FCC). Updates on these proposals are indicated below. The outcome of the general election in November 2018 affected the status of the aforementioned bills and FCC actions. New activity regarding the FCC actions in particular has arisen in the congressional session, with the changes in House committee leadership. One bill in particular, introduced by California Representative Anna Eshoo, has generated significant interest nationwide and has five co-sponsors. As indicated previously, some of these legislative and regulatory issues have the potential to affect revenues, expenses and the operations of the Marin Telecommunications Agency (MTA) its oversight of the CMCM and the PEG channels and /CMCM s operations. In addition, some of the proposed legislation and regulations also have the potential to have an impact on local government s responsibility for managing the effective and necessary use of the public rights of way in the County, which indirectly affects the MTA and directly affects the local governments who have custody over the public rights of way in each jurisdiction. Federal Legislation Of the three proposed bills described in November 2018, only S remains viable for the purposes of the MTA. That said, no action has occurred on S. 3157, the Thune Schatz STREAMLINE Small Cell Deployment Act, since June 28, One of the other bills, S. 1885, Thune, the American Vision for Safer Transportation through Advancement of Revolutionary Technologies Act or the AV START Act, was extensively

12 amended in November 2018 and now focuses on the highly automated vehicles or HAVs, and less on the surrounding implications for use of the public rights of way. Staff will continue to monitor this bill, although it is not a high priority for MTA. HR Eshoo, The Community Broadband Act of 2018, has remained in stasis since January 2018, with no action taken. This bill would amend the Telecommunications Act of 1996 to bar states from prohibiting their state government, a political subdivision like a county, city or town, or an Indian tribe (i.e., serving as a "public provider"), from providing high-speed broadband telecommunications capabilities or services to persons or public or private entities. The bill of most current interest is HR. 530, introduced in January It repeals the two FCC actions the order and the rulemaking that were adopted by the FCC in August and September Staff is recommending that the MTA adopt a resolution in support of Representative Eshoo s bill, and encourage Representative Huffman to join as a co-sponsor. The resolution and correspondence will also be distributed to the congressional delegation, Representative Huffman and Senators Feinstein and Harris, with copies to Representative Eshoo. Federal Regulatory Actions When the FCC adopted the order and rulemaking Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as Amended by the Cable Television Consumer Protection and Competition Act of 1992 (FCC MB Docket ) and Second Further Notice of Proposed Rulemaking (Second FNPRM) in August and September 2018, the comment periods of both actions opened. Several thousand local governments and industry representatives wrote statements for the record during that period, which closed in January Surprisingly, while the Federal Government was shut down in December and January, the FCC took steps to enact elements of the wireless small cell order on January 14, 2019, ordering local governments to establish and enact design guidelines for wireless installations within ninety (90) days. Concurrently, the House Energy and Commerce Committee sent the equivalent of a Freedom of Information Act (FOIA) request to the FCC demanding information about reports circulating that the FCC gave precedence and differential treatment to the telecommunications industry comments on its rulings over the interests of state and local governments. Senators Feinstein and Blumenthal have asked for more information about the FCC s possible attempts to exert influence during the comment period, and to influence the appeals court hearing venue. The publicly available correspondence is attached for ease of reference. California State Legislation Staff continues to monitor the outcome of California s passage of SB 822 Wiener, establishing standards for net neutrality. The battle between California and other states and the FCC will likely continue for some time. Another key bill AB375 Chau was adopted in October 2018 and will set up additional state/federal/industry challenges around data privacy. Several other states are looking to J1A-Revised MTA Staff Report Leg Reg Update docx 2

13 follow California s example. Data privacy involving the use of media, via wireless, cable and other venues, has been an impetus in encouraging interest in municipally controlled networks. Recommendation That the MTA Board of Directors adopt Resolution No supporting HR. 530 Eshoo, and further approve sending a letter to Representative Huffman encouraging him to cosponsor the bill, sending letters to Senator Feinstein and Harris encouraging their support and to sending a copy to Representative Eshoo, acknowledging support for her actions. Attachments: J2 Resolution No supporting HR. 530 Eshoo J3 Letters to Representative Huffman, with copies to Senators Feinstein and Harris, and Representative Eshoo J4 House Energy and Commerce Committee Letter to the FCC, dated January 24, 2019 J5 Senators Feinstein and Blumenthal Letter to the FCC, dated January 30, 2019 J1A-Revised MTA Staff Report Leg Reg Update docx 3

14 AGENDA ITEM J2A MARIN TELECOMMUNICATIONS AGENCY REVISED RESOLUTION NO RESOLUTION IN SUPPORT OF LOCAL ZONING AUTHORITY OVER CELL SITE DEPLOYMENTS AND A CALL ON CONGRESS TO REINSTATE SUCH AUTHORITY BY REVERSING RECENT FCC ACTIONS WHEREAS, local government has long advocated for universal access to reliable, high-speed broadband service, both wireline and wireless, as these services are critical for the delivery of education, economic development, employment, and a variety of essential services necessary for success and progress in the 21st century; and WHEREAS, local government believes that the U.S. must lead the Race to 5G as the timely and careful deployment of advanced broadband networks will have significant implications for U.S. innovation, including in transportation, agriculture, healthcare, education, public safety, manufacturing, commerce, and the development of smart communities; and WHEREAS, by means of orders issued on August 2, 2018 and September 26, 2018, the Federal Communications Commission took away local government s ability to balance competing interests for the use of the public rights-of-way, such as for public safety, public utility services such as water, sewer, and electricity, the traveling public, environmental concerns, economic development, and maintenance costs; and WHEREAS, local government supports the Commission s goal to ensure affordable broadband access for every American, yet the Commission s above actions do nothing to achieve this objective; and WHEREAS, Representative Anna Eshoo has introduced HR. 530, introducing legislation to overturn the FCC s actions of August 2, 2018 and September 26, NOW, THEREFORE BE IT RESOLVED that the Marin Telecommunications Agency (MTA) representing the constituents of the County of Marin, the Cities of Belvedere, Mill Valley, San Rafael, Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo and Tiburon thank Congresswoman Eshoo for her leadership. BE IT FURTHER RESOLVED that the MTA calls on Congress to enact, and calls on President Trump to sign HR. 530, or similar legislation to invalidate the recent actions taken by the Federal Communications Commission. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Representative Jared Huffman and Senators Feinstein and Harris with a request on behalf of the citizens served by the Marin Telecommunications Agency (MTA) that they support HR. 530 or similar legislation. Adopted this 13 th day of February 2019.

15 Ayes: Noes: Absent: Chair ATTEST: Executive Officer J2A-Revised Resolution HR530 Support docx

16 AGENDA ITEM J3A 555 Northgate Drive, #102, San Rafael, CA REVISED Board of Directors Chair Barbara Coler Town of Fairfax Vice Chair Sashi McEntee City of Mill Valley Marty Winter City of Belvedere James Andrews Town of Corte Madera Dennis Rodoni County of Marin Elizabeth Robbins Town of Ross Kay Coleman Town of San Anselmo Andrew McCullough City of San Rafael Joe Burns City of Sausalito David Kulik Town of Tiburon Jean Bonander Executive Officer February 13, 2019 Representative Jared Huffman 1630 Longworth HOB Washington DC Re: HR Accelerating Wireless Broadband Development by Empowering Local Communities Act Dear Representative Huffman: As Chair of the Marin Telecommunications Agency (MTA), and on behalf of the constituents we share in the County of Marin, the Cities of Belvedere, Mill Valley, San Rafael, Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo and Tiburon, I request your leadership in co-sponsoring the Accelerating Wireless Broadband Development by Empowering Local Communities Act (HR. 530), which Representative Anna Eshoo introduced on January 14, I have enclosed MTA s Resolution in support of HR HR. 530 would return local governments ability to balance competing interests for the use of the public rights-of-way by overturning actions of the Federal Communications Commission in August and September of While we support the Commission s goal of ensuring affordable broadband access for every American, the Commission s actions do nothing to achieve that goal but do deny local governments the ability to manage the public rights-of-way effectively and equitably, taking into account considerations for public safety, public utility services such as water, sewer, and electricity, the travelling public, environmental concerns, economic development, and maintenance costs. Your co-sponsorship of HR. 530 is critical to ensuring local governments have the necessary tools to manage local public assets in a manner that balances competing interests while encouraging responsible deployment of wireless broadband facilities. Sincerely, Barbara Coler Chair, Marin Telecommunications Agency Enclosure: MTA Resolution No , Resolution in Support of Local Zoning Authority over Cell Site Deployments and a Call on Congress to Reinstate Such Authority by Reversing Recent FCC Actions cc: Senator Feinstein Senator Harris Representative Eshoo

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20 ctlnitrd WASHINGTON, DC The Honorable Ajit Pai Chairman Federal Communications Commission Washington, DC Dear Chairman Pai, January 30, 2019 As you know, reports have surfaced that Federal Communications Commission (FCC) staff may have encouraged wireless carriers to file suit against the September 2018 FCC rule on 5G small cell deployment. It has been alleged this was done with the goal of moving litigation out ofthe Ninth Circuit. What's worse, there are also allegations that FCC staff may have implicitly threatened licensees that were not helpful. If true, this represents an unprecedented level of coordination between an oversight agency and the entities it regulates for the express purpose of preventing a federal circuit court's review. We therefore ask you provide additional information about these cases and the FCC's role in them. To date, our offices have heard from more than 60 towns and cities throughout California and Connecticut strongly opposing the FCC's Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment Declaratory Ruling and Third Report and Order (Order). 1 Once this rule goes into effect, local governments will lose the ability to make decisions regarding where and how 5G transmission devices are affixed to light poles, traffic poles, and utility poles. The rule will also take away the ability of cities and counties to receive fair and competitive compensation from wireless carriers for use of public property. Consumer advocacy groups have also expressed their opposition to the FCC's ruling, citing the unbalanced benefit it gives to carriers and decrying the lack of commitment from carriers to reinvest cost savings in rural and underserved areas. As you know, in October 2018, two dozen cities across the country filed suit against the FCC challenging the legality of the Order. Even though additional cases filed by wireless carriers in separate jurisdictions were eventually transferred back to the Ninth Circuit, the reason for their filing in the first place remains a concern. Pressuring entities that are regulated by the FCC to file frivolous litigation in order to 1 Federal Communications Commission, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket and WC Docket 17-84, Declaratory Ruling and Third Report and Order (Sept. 27, 20 18).

21 game the system, and potentially threatening companies if they fail to comply, would be an unacceptable abuse of power and raise serious ethical concerns. Given these concerns, please answer the following questions: 1. Did any individual employed by or otherwise affiliated with the FCC discuss challenging the Order with an FCC licensee? If so, who and what was discussed? 2. Did any individual employed by or otherwise affiliated with the FCC communicate with an FCC licensee regarding that licensee's potential or actual legal challenge of the Order? If so, who and what was discussed? 3. Did any individual employed by or otherwise affiliated with the FCC threaten or take adverse action against any FCC licensee that refused to challenge the Order in court? If so, who and what was discussed? Please provide answers no later than Friday, February gth. We appreciate your responsiveness to these questions. Sincerely, Dianne Feinstein United States Senator... Richard Blumenthal United States Senator

22 MARIN TELECOMMUNICATIONS AGENCY 555 Northgate Drive, Suite 230, San Rafael CA AGENDA ITEM K1 DATE: February 13, 2019 TO: MTA Board of Directors FROM: Jean Bonander, Executive Officer SUBJECT: PROCESS DISCUSSION EXECUTIVE OFFICER EVALUATION Recommended Action: That the Board of Directors consider the information provided in the report and comment as needed. Background: The current contract Executive Officer, Jean Bonander, was retained on May 1, Her contract expires on June 30, At the request of Chair Coler, the process for evaluating the Executive Officer was raised at the meeting on November 14, 2018, and the Chair and Executive Officer met in December 2018 to discuss the evaluation. Based on the discussion, Ms. Bonander suggests the following process for evaluation: 1. A written self-evaluation prepared by Ms. Bonander on or before May 3, 2019; 2. A written checklist/narrative evaluation form to be completed by the MTA Board Members, and delivered to the Chair, based on the self-evaluation and performance criteria outlined in the evaluation form, on or before May 17, 2019; 3. A meeting with Ms. Bonander, the MTA Chair and the MTA Vice Chair to review the written evaluation, on or before May 31, 2019; and 4. A closed session performance evaluation if needed at the June 12, 2019 regular Board Meeting, including consideration of a contract extension/renewal/termination and/or compensation adjustment, as determined by the MTA Board of Directors. Proposed self and written checklist/narrative evaluation formats that Ms. Bonander has used previously in her consulting work are attached for ease of reference, and are easily edited should the MTA Board Members wish to amend the criteria. Attachments: K2-Executive Officer Self Evaluation Form K3-Executive Officer Checklist/Narrative Evaluation Form K1-MTA Staff Report Exec Officer Evaluation docx

23 MARIN TELECOMMUNICATIONS AGENCY 555 Northgate Drive, Suite 102, San Rafael, CA DRAFT SELF EVALUATION JEAN A BONANDER, EXECUTIVE OFFICER AGENDA ITEM K2 To be prepared on or before May 3, 2019 This evaluation will cover the period from May 1, 2018 to June 30, The following criteria were used for this evaluation process. Evaluation Criteria 1. Ability to Assist the Board with Policy Making 2. Management of Internal Administration 3. Management of External Relations 4. Professional Accomplishments 5. Narrative Discussion Topics 6. Compensation and Benefits 1. Ability to Assist the Board with Policy Making In this section, the Executive Officer will describe how she has contributed to the board policy making efforts, especially in the areas of providing information and advice. 2. Management of Internal Administration In this section, the Executive Officer will describe how she has managed the MTA s internal administration, including such issues as budget/financial management, legal issues, negotiations and legislative and regulatory monitoring. 3. Management of External Relations In this section, the Executive Officer will describe how she has managed the MTA s external relationships, such as with other governmental entities, contractors, national resource organizations and the public. 4. Professional Accomplishments In this section, the Executive Officer will describe how her ability to communicate, her management style and her governance support skills contribute to the effectiveness of the board and the stabilization of the organization.

24 5. Narrative Topics In this section the Executive Officer will summarize responses to the following topic areas, in coordination with the evaluation format used by the board. A. Achievements from the past year. B. Description of preferred performance objectives for the coming year (or evaluation period). C. Description of what could have been done differently and/or areas that the Executive Officer could improve her skills, knowledge or effort during the past year (or evaluation period). D. Description of three focus areas for the coming year (or evaluation period). 6. Compensation and benefits In this section, the Executive Officer will request any changes she would like to see in her compensation agreement with the board. All parties recognize that decisions resulting from discussion of this topic must occur at a regularly scheduled board meeting and may involve changes to the Executive Officer s contract. # # # K2-MTA EO Self Evaluation Form MTA Board Mtg 2

25 AGENDA ITEM K3 DRAFT EVALUATION FORMAT MARIN TELECOMMUNICATIONS AGENCY (MTA) EXECUTIVE OFFICER PERFORMANCE EVALUATION BY THE MTA BOARD OF DIRECTORS FOR THE PERIOD OF MAY 1, 2018 THROUGH JUNE 30, 2019 SECTION I: ASSISTING BOARD WITH ITS POLICY-MAKING ROLE Needs Improvement A. Providing Information The Executive Officer provides information which is: 1 Explanations are clear and include alternatives or recommendations 2 Helpful and adequate to assist Board in making sound decisions 3 Keeps Board well informed with concise written and oral communications 4 Follows up in a timely manner on high priority Board requests for information or action Meets Expectations Exceeds Expectations B. Financial Management The Executive Officer: 1 Has adequate knowledge of agency affairs, including the laws, contracts and agreements 2 Plans ahead, anticipates needs and recognizes potential problems 3 Considers timing in bringing issues to the Board for action Comments:

26 SECTION II: INTERNAL ADMINISTRATION Needs Meets Improvement Expectations A. Implementation of Board Policies The Executive Officer is effective in the following areas: 1 Carrying out Board directives 2 Paying sufficient attention to detail to avoid errors 3 Accurately interpreting the direction given by Board 4 Supporting the actions of the Board after a decision is made 5 Providing members of Board with periodic status reports on projects or tasks which may overlap months or years in implementation Exceeds Expectations B. Financial Management Are you satisfied with the Executive Officer s: 1 Approach to budget preparation and review 2 Implementation of Board s policy regarding the expenditure of budgeted funds 3 Information on the financial status of the agency 4 Use of available funds and her ability to operate efficiently and effectively Comments: SECTION III: EXTERNAL RELATIONS A. Citizen Relations The Executive Officer: 1 Has appropriate visibility or identity in the community Needs Improvement Meets Expectations Exceeds Expectations K3-MTA EO Self Evaluation Form MTA Board Mtg 2

27 2 Is willing to contact members of the community to discuss issues of concern in a timely manner 3 Avoids political positions and jurisdictional preferences 4 Provides information to the public in a timely fashion 5 Represents Board positions and policies accurately and effectively B. Intergovernmental Relations The Executive Officer is: 1 Effective in representing agency interests in dealing with other agencies 2 Participative in intergovernmental activities related to the agency 3 Cooperative with the contractors, the county, state and federal governments Comments: SECTION IV: PROFESSIONAL ACCOMPLISHMENTS Needs Improvement A. Communications Regarding communications, the Executive Officer is: 1 Easy to talk to and a good listener 2 Thoughtful, clear and to the point 3 Sensitive to the concerns of others 4 Candid and forthright in discussing business matters with members of the Board Meets Expectations Exceeds Expectations K3-MTA EO Self Evaluation Form MTA Board Mtg 3

28 B. Management Style The Executive Officer: 1 Shows initiative and creativity in dealing with issues, problems and unusual situations 2 Works well under pressure 3 Consistently puts aside personal views and implements Board policy and direction 4 Responds well to a changing world and local conditions; is adaptive and open to new ideas 5 Is accessible to Board members 6 Is receptive to constructive criticism and advice C. Governance Support Skills The Executive Officer: 1 Demonstrates interest and enthusiasm about the Board s Strategic Plan 2 Coordinates the implementation of goals and objectives 3 Supports effective systems and maintenance Comments: Needs Improvement Meets Expectations Exceeds Expectations K3-MTA EO Self Evaluation Form MTA Board Mtg 4

29 SECTION V: NARRATIVE RESPONSES ACHIEVEMENTS FROM THIS PAST YEAR: What were the Executive Officer s most notable accomplishments during the PERIOD OF MAY 2018 THROUGH JUNE 2019? PERFORMANCE OBJECTIVES FOR COMING YEAR: What does the Executive Officer do that you would like her to continue to do in ? What could the Executive Officer do differently? What could the Board do differently to help the Executive Officer succeed in her position? In what areas should the Executive Officer focus her attention in the coming year? BOARDMEMBERS DRAFT SUMMARY MONTH, DAY, YEAR K3-MTA EO Self Evaluation Form MTA Board Mtg 5