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HomeMy WebLinkAbout3.A. FTTH Franchise Transfer4 ROSEMOUNT CITY COUNCIL City Council Work Session: March 11, 2014 EXECUTIVE SUMMARY AGENDA ITEM: FTTH Franchise Transfer AGENDA SECTION: Updates PREPARED BY: Dwight Johnson, City Administrator AGENDA NO. j, ATTACHMENTS: APPROVED BY: '70) RECOMMENDED ACTION: Discussion BACKGROUND Velocity Telephone has indicated that they have a condition purchase agreement to acquire the assets of FTTH, currently owned by Jeffrey Feldman's company in New Jersey. A condition of closing on the purchase is receiving an acceptable franchise transfer agreement for the cable TV portion of the business. Phone and internet services are regulated by the State, not the City. DISCUSSION Velocity Telephone has proposed a number of amendments to the current franchise agreement. The proposed changes broadly relate to the following topics: • Definition of Gross Revenues • Technical Standards • Testing • Customer Service Standards • Letter of Credit • Right of first refusal to purchase system • Work Performed by Others (subcontracting) • Addition of the Steeple Center to the list of public buildings to be served • Buildout At this writing, staff including Attorney Bob Vose of our City Attorney's office has at least conceptual agreement on all items above except the Definition of Gross Revenues. The biggest change relates to Buildout requirements. A new court decision coming out of Prior Lake indicates that a telephone company with local exchange service is not legally required to buildout beyond the area it serves with telephone service. Mr. Feldman's company does not qualify as a telephone company, but Velocity Telephone does. While Velocity is certainly interested in expanding fiber optic cable in Rosemount, they do not wish to have a legal timetable in the franchise agreement. The whole franchise agreement being transferred expires in 2017 at which time it can be renegotiated as necessary. Velocity indicates that they wish to have a franchise agreement in place by the end of March to meet the terms of the conditional purchase agreement. It is possible that a final franchise transfer agreement could be ready for the March 18th agreement, but if not, a special council meeting perhaps on March 25th could be considered. RECOMMENDATION: This item is for review and comment at this time. 2