| | | | | | | | CITY OF PEORIA, ARIZONA COUNCIL COMMUNICATION | Agenda Item: 12C. |
| Date Prepared: 7/17/2025 | Council Meeting Date: 8/5/2025 |
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| | | | | | | | | TO: | Mike Faust, City Manager
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| | | | | | | | THROUGH:
| Mike Faust, Deputy City Manager |
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| | | | | | | | | FROM:
| Jeff Curran, P.E., Development and Engineering Director
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| | | | | | | | SUBJECT:
| First Amended and Restated Revocable Telecommunications Services License Agreement, Flying Bull Internet LLC |
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| | | | | | | | Purpose:
Discussion and possible action to approve the First Amended and Restated Revocable Telecommunications Services License issued to Flying Bull LLC for the purpose of granting: (a) permission to construct, install, operate, maintain, and use public highways, public rights-of-way, public streets, and public utility easements within the City of Peoria to provide telecommunications services; and (b) clarifying that Licensee can provided internet access services to subscribers concurrently with providing telecommunications services during the term of the License |
| | | | | | | | Summary:
On April 22, 2025, City Council approved granting Flying Bull LLC d/b/a Novos Fiber (“Novos”), a Telecommunications License Agreement (“License”) to construct, install, operate, maintain and use the public highways, public streets, public rights-of-way, and public utility easements in the City in order to provide internet access services and/or telecommunications services.
That particular version of the License granted Novos temporary permission to provide internet access services until such time that the City’s Fiber Optic Communications Systems legislation became effective in late May 2025. However, since that time, the City Attorney’s office has determined that pursuant to Federal law, Telecommunications Services providers can also provide internet access services to subscribers under the umbrella of their Certificate of Convenience and Necessity for Telecommunications that was issued by the Arizona Corporation Commission.
Therefore, the proposed First Amended and Restated Revocable Telecommunications Services License Agreement functions to clarify that the permission granted by the City allowing Novos to provide internet access services to subscribers is permanent and concurrent with the permission to provide Telecommunications Services during the term of the License. All other terms of the License remain the same and in full force and effect. |
| | | | | | | | Previous Actions/Background:
- April 22, 2025 – City Council approved the Revocable Telecommunications Services License Agreement (LCON 05925).
- June 17, 2025 - Pursuant to Section 1 of the License, the City and Novos administratively executed the First Amendment to the Revocable Telecommunications Services License Agreement (LCON 05925A) to expand the use area map.
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| | | | | | | | Staff Recommendation:
Staff recommends approval of the First Amended and Restated Revocable Telecommunications Services License Agreement issued to Flying Bull LLC d/b/a Novos Fiber for the purpose of granting permission to construct, install, operate, maintain, and use public highways, public rights-of-way, public streets, and public utility easements within the City of Peoria to provide internet access services and Telecommunications Services. |
| | | | | | | | Fiscal Analysis:
The City will collect plan review and permit fees. |
| | | | | | | | Contact Name and Number:
Jeff Curran, P.E., (623) 773-7249 |
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