TO: Mayor Bien-Willner and Town Council
FROM: Andrew Miller, Town Attorney
DATE: March 12, 2020
CONTACT:
Staff Contact Andrew Miller, 480-348-3691
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AGENDA TITLE:
Title
Consideration of First Amendment to the Right-of-Way License Agreement with Crown Castle (formerly NewPath Networks, LLC) for Installation of Additional Fiber
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Background
BACKGROUND:
On September 2, 2010, the Town entered into a Right-of-Way License Agreement with NewPath Networks, LLC (the "Agreement"). On June 14, 2013 the Town was notified of a new address for NewPath Networks, LLC, as NewPath Networks, LLC c/o Crown Castle ("NewPath") as NewPath was purchased by Crown Castle but continues to operate under the name NewPath. NewPath has now requested that the Town amend the Agreement to permit the installation of new conduit and an extension of its telecommunications fiber lines in the Town's Right-of-Way to connect new small wireless facility sites (SWF Sites) that will not be owned by NewPath, but for which NewPath is supplying the fiber backhaul.
NewPath has advised that this new conduit and fiber in the Town rights-of-way will have the following benefits for the Town:
* Allows for the rapid deployment of facilities that will improve wireless services in the Town under an existing agreement while the Town prepares a new wired and/or small wireless facility (SWF) agreement template this year that is in line with new state/federal laws.
* This fiber project that the amendment is needed for will support new SWF sites being installed by our wireless customer (AT&T) and without the fiber backhaul connections, the new SWF's will not improve wireless services in the Town.
The existing Agreement with NewPath provided for an integrated series of identified telecommunications fiber segments (the "Segments") and antenna node sites (the "Nodes") that would be owned and operated only by NewPath. The initial NewPath agreement did into anticipate the possibility t...
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