Fiscal Note
In exchange for the provision of additional City conduit space, the City will receive additional fiber/digital communication capacity. In addition, City General Fund revenues may increase as the agreement provides for the payment by Madison City Broadband to the City of 5% of gross commercial receipts, but the magnitude of such revenues is unknown.
Title
Authorizing an Addendum to the Facilities Use and License Agreement between the City and Mad City Broadband d/b/a Xiocom Wireless, Inc., and consenting to the transfer of MCB assets to Citynet, LLC.
Body
WHEREAS, the City and MCB entered into a Facilities Use and License Agreement on January 7, 2010, whereby MCB provides unlimited wireless mesh network service for City government purposes in return for use of City facilities, including buildings, towers, and conduits, and
WHEREAS, Xiocom, LLC recently has transferred MCB assets to Citynet, LLC; and
WHEREAS, Citynet, LLC is qualified to provide the same services as Xiocom, LLC; and
WHEREAS, the City and MCB are participants with recipient Board of Regents of the University of Wisconsin System in the Metropolitan United Fiber Network (MUFN) project, funded by the federal Broadband Technology Opportunities Program, to improve broadband access for anchor institutions, community and public safety facilities and commercial entities; and
WHEREAS, said MUFN project will require expanded use of City conduit; and
WHEREAS, the City and MCB wish to expand their collaboration, set out in the existing agreement, to include additional use of City conduit by MCB for both the MUFN project and the provision of additional service to City facilities and commercial entities; and
WHEREAS, in return for the use of City conduit, MCB will provide 12 fibers free of charge in all fiber optic cable installed by MCB, as well as the ability to purchase additional fibers in the future for the cost of installation; and
WHEREAS, the City shall have the option of taking ownership of conduit installed by MCB in the public right of way; and
WHEREAS, MCB shall pay the City five percent (5%) of gross receipts derived from commercial use of MCB fibers located in City conduit,
NOW, THEREFORE BE IT RESOLVED, that the City consents to the transfer of MCB assets from Xiocom, LLC to Citynet, LLC;
NOW, THEREFORE BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to execute the Addendum to the Facilities Use and License Agreement.