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ADMINISTRATION - Chief Administrator Gabriel Hydrick
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Requested Action(s)
recommendation
a) INFORMATIONAL PRESENTATION - Presentation regarding requests from Golden State Connect within the County of Tehama
b) Discussion and direction to staff regarding pursuing Franchise Fees and/or leases with GSCA for use of County properties and County right-of-way for construction and operation of Broadband fiber huts
c) Discussion and direction to staff regarding proposed clauses in the agreement
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Financial Impact:
Potential loss of revenue through Franchise Fees and/or a lease(s).
Background Information:
The Rural County Representatives of California (RCRC), a 40-member county service organization representing rural counties, initiated the formation of Golden State Connect (GSCA). Golden State Connect is governed by an elected Supervisor from each member county, and day-to-day operations are managed by RCRC staff.
In recent years, RCRC has increased its advocacy efforts in promoting policies that close the digital divide and bring reliable, high-speed internet access to rural areas of the state.
In July 2021, California Governor Gavin Newsom signed Senate Bill 156, establishing a landmark $6 billion investment in internet infrastructure, representing a significant step in bridging the digital divide. The enactment of Senate Bill 156 has introduced new opportunities to expand RCRC’s efforts significantly, including explicit authority for county entities to operate internet systems, the creation of a state-owned, open-access middle mile network and establishment of innovative programs to fund internet deployment in unserved and underserved areas of the state.
To best take advantage of these opportunities, RCRC initiated the formation of Golden State Connect to leverage collective efforts on behalf of rural counties in the provision of technical assistance in areas related to broadband and the establishment of internet infrastructure in under-connected areas.
The intention is that Golden State Connect will assist rural counties in identifying pathways for development of internet infrastructure within their communities, including the construction of municipal-owned and/or operated internet systems, among other options.
To continue the project, GSCA needs to utilize County properties to construct and operate the Broadband Fiber Huts. Initially the need was 2 properties, and they have recently mentioned they may need up to 7 properties for project completion. Staff met with GSCA staff approximately a year ago and identified 2 parcels.
GSCA is now at the point of needing an agreement, Easement Deed and a Resolution for an Easement Deed with the County that “shall be deemed to be made in and shall be governed by and construed in accordance with the laws of the State of California.”
Additionally, GSCA proposes, “GSCA and County shall perform all functions related to the services or activities described herein in accordance with all applicable federal, state, and local laws, ordinances, regulations, and rules, and in accordance with the terms of the aforementioned grants, leases and Franchise Fees.” [emphasis added] Tehama County, per state law, is allowed to enter into leases and collect Franchise Fees.
To staff’s knowledge, the County has not allowed any entity to construct and operate a permanent building without a lease in place nor intentionally forfeiting collection of Franchise Fees.
For this purpose, the Chief Administrator is bringing this item before the Board requesting the Board determinedly pursue and leverage all available revenue sources related to this project.
RCRC exists to champion rural county causes and needs. The agreement can be strengthened to benefit Tehama County, a rural county, by including Franchise Fees/Lease and the other proposed clauses. Withholding such opportunities negatively impacts our rural county, including the General Fund.
Next steps include bringing back an agreement, Easement Deed and a Resolution for an Easement Deed following direction from the Board.
For reference of past GSCA and Broadband presentations and documents, one can follow these links:
6/29/21 Agenda item # 54 GSFA MOU <https://tehamacounty.legistar.com/View.ashx?M=A&ID=1301356&GUID=95C273EA-F40B-4FD5-B69C-%20326F640A5FCC>
5/25/21 Agenda item # 32 GSFA Presentation / Direction <https://tehamacounty.legistar.com/View.ashx?M=A&ID=1301352&GUID=75A1D332-5973-46FA-B832-%20CA0A9A61E63A>
Additional information is found below:
<https://cdt.ca.gov/wp-content/uploads/2022/03/Project-2_Plumas-Tehama.FINAL_.316.pdf>
<https://www.co.tehama.ca.us/wpcontent/uploads/2023/12/Tehama_County_Broadband_Planning_and_Feasibility_Study.pdf>
Attachments:
Draft MOU with County proposed revisions
Draft Easement Deed
Draft Easement Deed Resolution