Title
Telecommunications Network Construction License Agreement with Bam Broadband OPCO, LLC (Ordinance S-50921)
Description
Request to authorize the City Manager, or his designee, to execute a nonexclusive revocable license with Bam Broadband OPCO, LLC to construct, install, operate, maintain, and use the public highways in the City of Phoenix to provide fiber-optic facilities in, under, over, and across public rights-of-way in the City, subject to the terms and conditions contained in the license and Phoenix City Code. Further request that the Licensee sign the License within 60 days of Council action, or this authorization will expire.
Report
Summary
Bam Broadband OPCO, LLC desires to install facilities in City of Phoenix rights-of-way to provide fiber-optic based services to the public. The License will contain appropriate insurance and indemnification provisions, require a performance bond and security fund, provide for terms of transfer and revocation, and provide for compensation for the commercial use of public rights-of-way while permitting the City to manage the right-of-way.
Contract Term
The License term begins on the date the City Clerk signs the License and expires after 180 days unless automatically renewed for an additional 180-day term as provided by law.
Financial Impact
There is no cost to the City of Phoenix. Per Phoenix City Code, Licensee will pay an annual fee based on a percentage of gross revenues.
Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the City Engineer and the Street Transportation Department.