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File #: 17-6130   
Type: Real Property Lease
In control: City Council A Session
On agenda: 11/9/2017
Posting Language: An Ordinance approving a license agreement with Google Fiber Texas LLC for access to the City Rights-Of-Way. [Peter Zanoni, Deputy City Manager; Mike Frisbie, Director, Transportation & Capital Improvements]
Attachments: 1. Draft Ordinance, 2. HB 1295 Form, 3. Draft Agreement, 4. Ordinance 2017-11-09-0883
DEPARTMENT: Transportation & Capital Improvements


DEPARTMENT HEAD: Mike Frisbie, P.E.


COUNCIL DISTRICTS IMPACTED: Citywide


SUBJECT:

License agreement with Google Fiber Texas LLC for access to the City Rights-Of-Way.


SUMMARY:

An ordinance approving a license agreement with Google Fiber Texas LLC for the use of City Rights-Of-Way for the installation of a telecommunications network to provide internet-only services.


BACKGROUND INFORMATION:

Historically, telecommunications companies obtain access to the City's Rights-Of-Way (ROW) to install equipment in four ways:
1. Chapter 66 of the Utilities Code for cable/video providers;
2. Chapter 283 of the Local Government Code for telecommunication providers primarily for telephone services;
3. Chapter 284 of the Local Government Code for small-cell antenna installations; or
4. License agreements.

On August 5, 2015, Google Fiber Texas LLC (Google) announced that it would be bringing its one gigabit internet access to San Antonio. Along with the internet access, Google was to provide cable/video service thereby gaining access to the City's Rights-Of-Way (ROW) under Chapter 66 of the Utilities Code to install their equipment. For that ROW access, cable/video providers pay municipalities 5% of their gross revenues generated in a city on the cable/video service.

On October 4, 2017, Google announced a pilot project where they will only offer internet packages to the San Antonio and Louisville market and will not offer cable/video service. Google states it plans to evaluate the pilot results and may return to offering cable/video in the future. Dropping cable/video services negates the revenue stream which would have been compensated to the City for access to its ROW by Google.

ISSUE:

This item for Council consideration would establish a license agreement with Google Fiber Texas LLC for the use of City Rights-Of-Way for the installation of a telecommunications network to provide internet-only services.

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