HomeMy WebLinkAbout081407 NextG TelcomNextGNetworks
NextGNetworks
An Ordinance Granting A Temporary Nonexclusive
An Ordinance Granting A Temporary Nonexclusive
Revocable License Agreement to NextGNetworks
Revocable License Agreement to NextGNetworks
Atlantic, Inc. To Install And Operate A
Atlantic, Inc. To Install And Operate A
Telecommunications System Or Facilities In The City Of
Telecommunications System Or Facilities In The City Of
Virginia Beach’s Rights-Of-Way
Virginia Beach’s Rights-Of-Way
Presentation to City Council
Presentation to City Council
August 14, 2007
August 14, 2007
Background
Background
NextGNetworks is headquartered in San Jose,
NextGNetworks is headquartered in San Jose,
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?
California, and operates regional subsidiaries
California, and operates regional subsidiaries
throughout the United States.
throughout the United States.
In February 2006 NextGrequested a right-of-way
In February 2006 NextGrequested a right-of-way
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?
use agreement to access the City’s public ways for
use agreement to access the City’s public ways for
the provision of telecommunications services.
the provision of telecommunications services.
NextGcarries voice and data traffic handed off to it
NextGcarries voice and data traffic handed off to it
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?
by wireless providers.
by wireless providers.
Traffic is carried via fiber optic lines from antennas
Traffic is carried via fiber optic lines from antennas
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?
located on utility and/or street light poles to a
located on utility and/or street light poles to a
central switching-like location, and from there,
central switching-like location, and from there,
either back to another antenna or out to the public
either back to another antenna or out to the public
switched telephone network or Internet.
switched telephone network or Internet.
Key Considerations
Key Considerations
Under Virginia Code:
Under Virginia Code:
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?
•No telecommunications service provider may locate its
•No telecommunications service provider may locate its
facilities in the public right-of-way without the consent of
facilities in the public right-of-way without the consent of
the City
the City
•City may not impose any restrictions or requirements on
•City may not impose any restrictions or requirements on
the use of the public rights-of-way which are:
the use of the public rights-of-way which are:
Unfair or unreasonable
Unfair or unreasonable
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?
Any greater than those imposed on all providers of
Any greater than those imposed on all providers of
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?
telecommunications services and non-public providers of cable
telecommunications services and non-public providers of cable
television, electric, natural gas, water and sanitary sewer
television, electric, natural gas, water and sanitary sewer
services
services
Ten year term, may be extended upon mutual
Ten year term, may be extended upon mutual
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?
agreement for one additional five year term
agreement for one additional five year term
Non-exclusive agreement
Non-exclusive agreement
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?
•Three other competitive local exchange service providers
•Three other competitive local exchange service providers
currently operating in the City Rights-of-Way (Cox,
currently operating in the City Rights-of-Way (Cox,
Cavalier, Telcove)
Cavalier, Telcove)
Key Considerations
Key Considerations
NextGRequired to maintain:
NextGRequired to maintain:
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?
$50,000 Performance Bond during construction
$50,000 Performance Bond during construction
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?
$25,000 Letter of Credit during construction
$25,000 Letter of Credit during construction
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?
Commercial General Liability Insurance with
Commercial General Liability Insurance with
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?
minimum single occurrence limit of $2,000,000
minimum single occurrence limit of $2,000,000
All trees, landscaping and grounds
All trees, landscaping and grounds
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?
restored, as nearly as may be
restored, as nearly as may be
practicable, to the condition existing
practicable, to the condition existing
prior to the facilities work
prior to the facilities work
When construction is completed and
When construction is completed and
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?
City approves, Performance Bond may
City approves, Performance Bond may
be reduced to $25,000 and Letter of
be reduced to $25,000 and Letter of
Credit to $10,000
Credit to $10,000
Pole Attachments
Pole Attachments
Attachment to City-owned poles, if any, will be
Attachment to City-owned poles, if any, will be
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?
addressed in a separate pole attachment
addressed in a separate pole attachment
agreement
agreement
Prior to any construction, NextGmust obtain all
Prior to any construction, NextGmust obtain all
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?
appropriate permits
appropriate permits
NextGfacilities pole attachments on existing or
NextGfacilities pole attachments on existing or
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?
replacement utility poles only, subject to
replacement utility poles only, subject to
applicable federal and state law
applicable federal and state law
With City Manager’s prior written consent,
With City Manager’s prior written consent,
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?
subject to City’s applicable permitting process,
subject to City’s applicable permitting process,
NextGcan install new poles in the absence of any
NextGcan install new poles in the absence of any
existing, available, or accommodating poles
existing, available, or accommodating poles
Compensation
Compensation
Governed by Virginia Code Section
Governed by Virginia Code Section
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•
56-468.1
56-468.1
Only a Public Rights-of-Way Use Fee may be
Only a Public Rights-of-Way Use Fee may be
•
•
charged
charged
A local ordinance is required for a locality to
A local ordinance is required for a locality to
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•
impose a Public Rights-of-Way Fee
impose a Public Rights-of-Way Fee
Several years ago Virginia Beach opted not
Several years ago Virginia Beach opted not
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•
to impose Public Rights-of-Way Fee
to impose Public Rights-of-Way Fee
Questions / Discussion
Questions / Discussion