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CL-2389 New Business   Item #: A.       
Meeting Date: 10/06/2020  
Subject:    Wireless Facilities Right-of-Way Franchise Agreement with Verizon
From: W. Clarke Whitfield, Jr.

COUNCIL ACTION
Business Meeting:     10/06/2020
SUMMARY
Verizon is seeking a non-exclusive franchise agreement with the City allowing for the installation of up to ten (10) wireless internet antennae upon City right-of-way, pursuant to the City Cable Code.
BACKGROUND
Chapter 9.5 (Cable) of the Danville City Code permits the City Council to enter into franchise agreements for the placement of telecommunication service infrastructure within the City Right-of-Way. Verizon Wireless (Cellco Partnership) is interested in entering into a 10-year franchise with the City for the installation of up to ten (10) wireless facilities within the City Right-of-Way. In exchange, the City would receive $1,000.00 per installation, the maximum amount allowable under State law.

State law recently changed to encourage the installation of privately-maintained wireless facilities (devices that retransmit wireless internet service) within local Rights-of-Way as well as the co-location of wireless facilities upon existing utility poles to minimize visual street obstructions and added construction costs.

To protect the public interest, the proposed franchise agreement requires Verizon to maintain adequate insurance and to indemnify the City and its property, and maintain the City’s right to require all necessary permits and site planning prior to installation. While this agreement does not permit the co-location of wireless facilities upon City poles, included provisions do allow for the relocation of these wireless facilities, at Verizon’s expense, onto City poles under the franchise if the City later decides to allow for such co-location generally.

Granting the attached franchise agreement will permit Verizon to install up to ten (10) wireless facilities within the City Right-of-Way and potentially upon existing City poles, provided they abide by all of the negotiated terms and conditions. Installing these proposed wireless facilities will improve internet coverage, and will do so in a manner that protects City involvement in the siting and installation process, minimizes visual clutter along public streets, and lowers internet costs ultimately passed through to customers within the City.
 
RECOMMENDATION
Staff recommends the approval of the attached franchise agreement and the granting of a 10-year franchise to Cellco Partnership, d/b/a Verizon Wireless, for the installation of up to ten (10) wireless facilities within the City Right-of-Way, subject to the terms and conditions contained within the agreement.
 

Attachments
Ordinance
Agreement


    

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