Google Fiber - ROW License Agreement - 07.21.2025 - FE
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Google Fiber Contract No. n233626
EXECUTION VERSION
Broadband Franchise Agreement Between City of Smyrna, GA and Google Fiber Georgia, LLC | 5
necessitated by public safety or similarly exigent circumstances.
3.4. Relocation to Accommodate Third Parties. If Franchisee's then- existing Network
Facilities would interfere with a third- party's planned commercial use of the Public
ROW, the third party will be required to bear the cost of relocating Franchisee's
existing Network Facilities. Unless otherwise required by law, Franchisee shall not
be required to permanently relocate its facilities to accommodate a third party if doing
so would materially and adversely affect Franchisee's ability to provide Services.
3.5. Non-Discrimination. To the extent permitted by and consistent with applicable law,
the City will not unreasonably discriminate between Franchisee and other similarly
situated non-incumbent facilities-based broadband internet access service providers
with respect to its management of their use of the Public ROW.
3.6. Post-Removal Restoration of Public ROW. When removal or relocation is required
under this Agreement, Franchisee will, after the removal or relocation of the Network
Facilities, at its own cost (except to the extent subject to reimbursement pursuant to
Section 3.4 hereof), repair and return the Public ROW in which the facilities were
located to a safe and satisfactory condition in accordance with the construction
-
rel
ated conditions and specifications as established by the City Code or permitting
requirements. Before proceeding with removal or relocation work, Franchisee will
apply for and obtain a street encroachment permit from the City.
4. Contractors and Subcontractors.
4.1. Use of Contractors and Subcontractors. Franchisee may retain contractors and
subcontractors to perform the Work on Franchisee's behalf. Such contractors and
subcontractors shall, at all times, comply with the terms of this Agreement and the
City Code, and Franchisee shall at all times be responsible for the work of its
contractors or subcontractors relating to the construction, maintenance or operation
of the FTTP Network or the Network Facilities and for its contractors' or
subcontractors' compliance or failure to comply with this Agreement or the City Code.
4.2. Cont
ractors to be Licensed. Franchisee's contractors and subcontractors used for
the Work will be properly licensed under applicable law.
4.3. Authorized Individuals. Franchisee's contractors and subcontractors may submit
individual permit applications to City on Franchisee's behalf, so long as the permit
applications are signed by individuals that Franchisee has authorized to act on its
behalf via a letter of authorization provided to City in the form attached as Exhibit A
("Authorized Individuals"). City will accept permit applications under this
Agreement submitted and signed by Authorized Individuals, and will treat those
applications as if they had been submitted by Franchisee under this Agreement.
5. F
ranchise Fee. Franchisee will pay City a fee ("Franchise Fee") which will compensate
City for Franchisee's use and occupancy of Public ROW pursuant to the Franchise.
Franchisee and City acknowledge and agree that the Franchise Fee provides fair and
reasonable compensation for Franchisee's use and occupancy of Public ROW as
authorized. The Franchise Fee will begin accruing on the Effective Date and be calculated
as follows: