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Council hears pitch for nonexclusive broadband franchise from Nine North
Summary
Attorney Mike Bradley presented a new franchising option that would allow a nonexclusive, 15-year wired fiber franchise offering buildout commitments, customer-service requirements and a senior/disabled discount; Administrator Kevin Kress said NOHOA easements will complicate any city rights-of-way authorization. No action was taken.
Mike Bradley, a lawyer representing Nine North and the North Suburban Cable Commission, briefed the North Oaks City Council on a new model for broadband franchising that would authorize a provider to use public rights-of-way to install wired fiber-to-home service under a nonexclusive, 15-year franchise.
Bradley described several potential franchise provisions: an open-access service-provider requirement, reasonable municipal buildout timeframes, annual city–provider review meetings, a franchise fee for use of rights-of-way, and a discount for disabled residents and seniors of no less than 10 percent. He said the first-generation franchise terms are “far superior to permitting” and could improve customer service and equal access where some residents currently lack home broadband.
Administrator Kevin Kress cautioned that North Oaks differs from typical municipalities because many streets are not public and the North Oaks Homeowners Association (NOHOA) holds easements and rights-of-way; any franchise relying on rights-of-way would therefore require coordination and approvals from NOHOA. Bradley confirmed the proposal envisions wired lines and not wireless deployments.
Council took no formal action on the proposal and directed staff to consider the legal and easement issues raised; Bradley and staff agreed that the nonexclusive approach would not foreclose other competition if the franchise proceeds.
