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HomeMy WebLinkAboutBackup DocumentCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Kevin Burns, Chief Information Officer/Director of IT FROM: Rafael Suarez -Rivas, Division Chief Land Use/Transactional DATE: April 5, 2016 RE: Options available for an advanced internet infrastructure — Fiber- optic — Potential legal implications Matter ID No.: 16-553 Google Fiber is a method for providing ultra -high-speed internet services, as well as phone and television services. Internet capabilities with Google Fiber may be up to 100 times faster than the average internet connection. Installation includes running miles of cable under the ground, as well as in right-of-ways and on utility poles. Potential legal concerns regarding the implementation of Google Fiber include, but are not limited to, easements, zoning and permitting issues, and procurement and contract issues. Circumstances facing other cities in the process of implementing or who have finished implementing Google Fiber can be instructive on these legal issues. Google is still in the process of negotiating the implementation of Google Fiber in the Portland, Oregon area, and there are issues surrounding right-of-way easements. As part of its implementation, Google wants to install networking cabinets around the city of Portland, in the public right-of-way. In addition to these small networking cabinets which are two feet wide and four feet tall, Google wants to install what it calls "network huts" in the public right-of-way. These huts are twelve by twenty-eight feet, and Google estimates a need for fifteen of them in Portland, not including what would be needed in the surrounding suburbs. To accommodate these "huts," Portland has had to review city zoning and determine where these structures could be accommodated. Just last month, Google filed a land use application with the City of Portland for one of these "huts," more than two years after plans for Google Fiber in Portland began. Should a similar situation arise in Miami, Chapter 54 of the City Code of Miami, Article VIII, details specific requirements for "Use of Public Rights -of -Way by Communication Systems." Chapter 54, Article VII, Section 54-297 defines public right-of-way as: [a] public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the city is the authority that has jurisdiction and control and may lawfully grant access to and issue permits pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public rights -of -way" shall not include private property. "Public rights -of -way" shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities, or other structure or improvements, regardless of whether they are situated in the public right-of-way. Further, Chapter 62 of the City Code discusses Planning and Zoning, which may be of particular importance should there be a need for a covenant or easement for Google to proceed with the implementation of the fiber optic lines. Kansas City, the first city to implement Google Fiber, provides clarity into the potential procurement and contracting issues that may arise. In the development agreement between Google and Kansas City, there is an apparent clause stating that Google will be responsible for the costs of the project. However, this agreement also allegedly promises Google free power, free office space for Google employees, expedited permits, expedited inspections (with waived fees), free marketing, free right-of-way easements, and the right to approve or reject any public statements the city makes about Google Fiber. Chapter 18 of the City Code of Miami has specific guidelines for sole -source contracts, bidding, public -private partnerships, and unsolicited proposals'. Should the City decide to go forward in the development of advanced internet infrastructure, the laws must be strictly followed. Should the City of Miami determine that the implementation of advanced internet infrastructure is the best option, then it is important to stay informed of the situations developing in other cities implementing the same infrastructure and to maintain compliance with City of Miami Code. Prepared by Legal Intern Lauren Dellacona under the direction and supervision of Rafael SUAREZ-RIVAS of the Office of the City Attorney http://www.oregonlive.com/silicon-forest/index.ssf/2014/02/google fiber gigabit portland.html http://www.oregonlive.com/silicon- forest/index.ssf/2014/04/google fiber facesissues _as_i.html http://www.oregonlive.com/silicon-forest/index.ssf/2016/03/google submits first land -use .html http://www.oregonlive.com/silicon- forest/index.ssf/2014/03/google fiber puts the pressure.html http://www.ign.com/articles/2012/09/11/the-real-cost-of-google-fiber See, Sections 18-92, 18-95, 18-118 and 18-119 of the City of Miami Procurement Ordinance, codified in the City Code.