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 | 1
AN ORDINANCE OF THE CITY OF SMYRNA TO ESTABLISH A NON-
EXCLUSIVE FRANCHISE AGREEMENT
BETWEEN THE CITY OF SMYRNA, GEORGIA, AND
GOOGLE FIBER GEORGIA, LLC
FOR THE INSTALLATION OF NETWORK FACILITIES IN
THE CITY PUBLIC RIGHT-OF-WAY
This Franchise Agreement ("Agreement") is by and between the City of Smyrna, Georgia, a
municipal corporation of the State of Georgia ("City"), and Google Fiber Georgia, LLC, a Georgia
limited liability company and its subsidiaries, successors, or assigns ("Franchisee").
RECITALS
A. City has jurisdiction and control over the use of certain public rights -of-way in City, which
includes any public street, road, highway, alley, lane, court, boulevard, or other similar public
right-of-way, including related facilities such as medians, parkways, sidewalks, public way,
public place or rights-of-way, now laid out or dedicated, and the space on, above or below
it, and all extensions thereof, and additions thereto, under the jurisdiction of City dedicated
to public vehicular or pedestrian transportation or utility uses
("Public ROW").
B. Franchisee owns, maintains, operates, and controls a fiber-to-the-premises ("FTTP")
infrastructure network in Public ROW ("FTTP Network").
C. The FTTP Network consists of equipment and facilities that may include aerial or
underground fiber optic cables, lines, wire, or strands; underground conduits, vaults, access
manholes and handholes; electronic equipment; power generators; batteries; pedest als;
boxes; cabinets; vaults; and other similar facilities ("Network Facilities").
D. The Franchisee desires to, and the City desires to permit Franchisee to, continue to occupy
and encroach on Public ROW in order to install, operate, and maintain its FTTP Network for
the purposes of offering broadband Internet service
("Broadband Service") and Voice over
Internet Protocol ("VoIP") services to its customers in the City ("Services").
AGREEMENT
In consideration of the mutual promises made below, City and Franchisee agree as follows:
1. Permission to Encroach and Occupy.
1.1. Permission to Encroach on and Occupy Public ROW. Upon the occurrence of the
events set forth herein and subject to the conditions set forth in this Agreement, City
grants Franchisee permission to encroach on and occupy the Public ROW (the
"Franchise") for the purpose of constructing, installing, repairing, maintaining,
operating, and if necessary removing the FTTP Network and the related Network