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Report regarding a Master Encroachment Agreement with Bandwidth IG, LLC for the Installation of Network Facilities within the Public Rights-of-Way. (Eunejune Kim, Director of Public Works/City Engineer)
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RECOMMENDATION
Recommendation
It is recommended that City Council adopt a resolution approving a Master Encroachment Agreement with Bandwidth IG, LLC for the Installation of Network Facilities within the Public Rights-of-Way, and Authorizing the City Manager to execute the agreement.
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BACKGROUND/DISCUSSION
The City of South San Francisco ("City") owns, manages, and regulates the use of public streets, easements, and public rights-of-way that have been dedicated to the City. Private telecom companies and public utilities have the authority under California Public Utilities Code section 7901 and California Public Utilities Commission (CPUC) decisions to install and maintain their facilities within public streets and rights-of-way. While the City cannot impose a blanket prohibition on telecommunications deployment, it can impose regulations and conditions regarding the time, place and manner of the use of the rights of way pursuant to relevant statute and case law.
Bandwidth IG, LLC aka Sagebrush Cable Engineering ("Sagebrush") is planning a fiber-optic project within the City and is requesting permission to install new fiber-optic lines/conduits within the City public rights-of-way. These installations may be located on overhead utility poles or in underground conduits. The work will occur throughout the City in support of Sagebrush high-speed telecommunications services.
Staff recommends approval of a Master Encroachment Agreement to allow for the installation of facilities, and to outline the terms and conditions for the non-exclusive use of the public rights-of-way. This agreement grants a revocable license to Sagebrush to install fiber-optic facilities in the rights-of-way, and requires Sagebrush to obtain individual encroachment permit...
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