Notice of Public Hearing - Ordinance No. 2 of 2026

City of Somers Point

Notice of Public Hearing

Ordinance No. 2 of 2026

An Ordinance Granting Municipal Consent to NetSpeed LLC T/A GONETSPEED LLC for Permission to Non-Exclusive Use of Certain Specified Public Rights-of-Way within the City of Somers Point to Install a Fiber Optic Telecommunications System to be Attached to those Utility Poles for which Consent to Attach or Install has been Granted by Such Utility

WHEREAS, NetSpeed LLC, (“NetSpeed”), is a limited liability company formed under the laws of the State of New York having a principal office address of 77 Canal View Blvd, Suite 600, Rochester, NY 14623; and

WHEREAS, NetSpeed registered to do business in the State of New Jersey as a foreign limited liability company on July 9, 2024 with COGENCY GLOBAL INC as its New Jersey registered agent with a business address at 316 Berrhill Drive, Williamstown, New Jersey 08094; and

WHEREAS, on October 9, 2024, NetSpeed filed with the NJ Department of the Treasury Division of Revenue and Enterprises Services a Certificate of Alternate Name using GONETSPEED as the alternate name under which to do business in the State of New Jersey to provide fiber optic telecommunication service subject to regulation by the Federal Communications Commission; and

WHEREAS, NetSpeed has been approved by the New Jersey Board of Public Utilities to provide local telecommunications services within the State of New Jersey by Order entered by the State of New Jersey Board of Public Utilities on April 23, 2025 "IN THE MATTER OF VERIFIED PETITION OF NETSPEED LLC FOR AUTHORIZATION TO PROVIDE FACILITIES-BASED LOCAL EXCHANGE AND INTEREXCHANGE AND PRIVATE-LINE TELECOMMUNICATIONS SERVICES IN THE STATE OF NEW JERSEY" Docket No. TE24090627 (the "BPU Order") and intends to provide telecommunication services in accordance with that Order and the rules and regulations of the Federal Communications Commission and the New Jersey Board of Public Utilities; and

WHEREAS, NetSpeed has entered into a Joint Use License with Verizon New Jersey Inc. Centralized Licensing Group (“VERIZON”) Agreement Number DNJ240008 dated November 19, 2025, which grants NetSpeed the non-exclusive right to attach its fiber-optic facilities which include the VERIZON utility poles within the City Rights-of-Way; and

WHEREAS, NetSpeed entered into an Infrastructure License Agreement with the Atlantic City Electric Company (“ACE”) dated May 12, 2025, which permits NetSpeed the non-exclusive right to attach its fiber-optic facilities to ACE's facilities which include the ACE utility poles within the City Rights-of-Way; and

WHEREAS,NetSpeed may entered into additional agreements with parties that have the lawful right to maintain utility poles in the public right-of-way pursuant to which NetSpeed may use such utility poles erected within the public right-of- way in the City of Somers Point (“City”); and

WHEREAS, NetSpeed has requested the consent of the City to place, service and maintain telecommunications facilities on jointly used utility poles located in the public rights-of-way managed and under the control of the City (the City Rights-of-Way”); and

WHEREAS, N.J.S.A. 48:3-18 and N.J.S.A. 48: 3-19 authorize the City to grant municipal consent for the joint use of utility poles that have been lawfully erected within its rights-of-way; and

WHEREAS, the request for municipal consent has been reviewed by the City Solicitor and has been considered by this governing body; and

WHEREAS, the City Council deems it to be in the best interests of the citizens of the City to grant consent to NetSpeed to install telecommunications equipment in the public rights-of way under the control or jurisdiction of the City subject to the conditions herein set forth; and

WHEREAS, the rights granted to and the obligations imposed upon NetSpeed shall apply equally to GONETSPEED (hereinafter collectively referred to as “NetSpeed”).

Now therefore, be it ORDAINED by the Common Council of the City of Somers Point in the County of Atlantic, State of New Jersey that:

SECTION 1. Permission and authority are hereby granted to NetSpeed and its successors a non-exclusive municipal consent to use existing utility poles, and on replacement poles which are of a size and type equal to the poles being replaced and erected by parties that have the lawful right through municipal consent and the approval of the New Jersey Board of Public Utilities to maintain poles and conduits within the public right- of-way on those Somers Point public streets in the City of Somers Point for the construction, installation, operation, repair, maintenance and replacement of a fiber optic telecommunications system subject to the following conditions:

A. NetSpeed and its successors shall adhere to all applicable Federal, State, and Local laws regarding safety requirements related to the use of the public right-of-way.

B. NetSpeed and its successors shall:

i) Limit the right-of-way within which NetSpeed shall be permitted to install its fiber optic install telecommunications equipment to utility poles situated with right-of-way under the jurisdiction or control of the City along the routes designated on Map 1attached hereto and incorporated herein as Exhibit “A” [a copy of which is on file in the office of the City Clerk and available for public inspection during normal business hours];

ii) comply with all applicable Federal, State, and Local laws requiring permits prior to beginning construction, and shall obtain any applicable permits that may be required by the City of Somers Point or by the City of Somers Point Development Ordinances;

iii) provide the City of Somers Point Construction Official / Code Enforcement Officer and City of Somers Point City Engineer with the location of each pole upon which fiber optic facilities are proposed to be placed together with the pole identification number, the identity of the owner of pole and Geographic Information System (GIS) map;

iv) not install on any utility pole any device other than a fiber optic attachment which is of the size and type described in Exhibits “B-1”, B”-2”, and “B-3” [copies of which are on file in the office of the City Clerk and are available for public inspection during normal business hours];

v) at all times comply with the terms and conditions of that certain Rights-of-Way Use Agreement between the City of Somers Point and NetSpeed, as same may be supplemented and amended.

C. NetSpeed shall not install any replacement poles, which will be done only by the utility company owning the pole.

D. This grant of municipal consent is not to be construed as authorizing the erection of any new pole within the right of way nor is it to be construed as authorizing NetSpeed to attach to any pole, structure, or other facility owned by or under the control of the City of Somers Point or any third party other than a New Jersey public utility from which consent to attach to such pole has been granted in writing.

E. Notwithstanding anything to the contrary contained herein, NetSpeed shall adhere to the terms and conditions of the underlying easement granted to the owner of the pole by the owner of the underlying soil, and NetSpeed shall not overburden any existing easement^.

F. Nothing contained herein shall pre-empt or in any way preclude or constitute a waiver of the City's exercise of its planning or zoning powers under the New Jersey Municipal Land Use Law or other applicable law relative to the placement, regulation, zoning, or suitability of such structures within the City.

G. This grant of municipal consent is limited exclusively to NetSpeed / GONETSPEED for its own fiber optic equipment to provide services to customers using the NetSpeed network.

H. NetSpeed shall not install any of its telecommunication system equipment on any pole within any municipal right-of-way other than described in Section 1. B. iv) of this ordinance without the express consent of the governing body of the City through enactment of a supplemental ordinance granting such use.

I. This municipal consent is hereby given upon the further condition and provision that NetSpeed and its successors, shall to the fullest extent permitted by law, defend, pay on behalf of, indemnify, and hold harmless the City of Somers Point, its electedand appointed officials, its contractors, agents, employees and volunteers, the Atlantic County Joint Insurance Fund, and others working on behalf of the City of Somers Point from and against any and all claims, demands, suits, or loss, including all legal and professional fees, costs and any other expenses connected therewith, and for anydamages which maybe asserted claimed orrecovered against orfrom the City of Somers Point, itselected and appointedofficials, its agents, employees, volunteers, the Atlantic County Joint Insurance Fund, or others working on behalf of the City of Somers Point by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arise out of this consent, except to the extent resulting solely from the acts or omissions of the City of Somers Point.

NetSpeed shall at all times maintain a comprehensive liability insurance policy with a single amount of at least One Million Dollars ($1,000,000.00) covering liability for any death, personal injury, property damage or other liability arising out of the construction and operation contemplated herein, an automobile insurance policy with combined single limits of Two Million Dollars ($2,000,000.00) for bodily injury (including death) and property damage each occurrence, an excess liability policy (or "umbrella") policy amount in the amount of Five Million Dollars ($5,000,000.00), and Workers Compensation insurance in compliance with the statutory requirements of the State of New Jersey. The City of Somers Point, its elected and appointed officials, its agents, employees, contractors, volunteers, and the Atlantic County Joint Insurance Fund, shall be included as an "Additional Insured" as their interests may appear under this municipal consent ordinance on all general liability policies; and NetSpeed shall provide the City of Somers Point City Clerk with certificates of insurance (which shall be maintained and kept current at all times during the period of this municipal consent) and which shall provide for not less than thirty (30) days’ notice in the event of cancellation or termination; and shall also provide a copy of the Additional Insured, Waiver of Subrogation, and Primary not Secondary Coverage Endorsements to such policies.

In the event NetSpeed shall utilize third party contractors and / or subcontractors to perform any of the work contemplated by this Agreement, NetSpeed shall require such contractors / subcontractors to procure and provide the same policies of insurance with the same terms and conditions set forth in the prior paragraph.

Insurance maintained by any contractor / subcontractor shall not relieve NetSpeed of its obligation to defend, indemnify and hold harmless the City as set forth above.

J. NetSpeed shall be responsible for the repair of any damage to paving, existing utility lines, or any surface or subsurface installations arising from its construction, installation, or maintenance of its facilities.

K. NetSpeed and its successors shall file with the Clerk of the City of City of Somers Point true and complete copies of all agreements between NetSpeed and the owner(s) of the poles to which NetSpeed proposes to attach.

L. As authorized by N.J.S. A. 48:3-15, the permission and authority hereby granted shall continue for a term of fifteen (15) unless the underlying connection agreements between NetSpeed and VERIZON, and ACE, or any other utility pole attachment agreement which NetSpeed / GONETSPEED shall have entered shall be earlier terminated, and is further subject to continuation of a municipal consent by the City of Somers Point granted to those parties whose utility poles to which NetSpeed is attaching its fiber optic facilities and, to the extent required, approval of such municipal consent by the New Jersey Board of Public Utilities (or its successor agency).

N. The Mayor and the City Clerk are authorized to execute and deliver such documents as necessary to effectuate this grant of municipal consent.

O. Upon final passage the City Clerk shall send certified copies of this Ordinance to NetSpeed, GONETSPEED, and to the Atlantic County Clerk.

SECTION 2. Upon adoption this Ordinance shall be codified in the City of Somers Point Municipal Code as Appendix A270 “NetSpeed Municipal Consent”.

SECTION 3. In the event any section, clause, sentence, phrase or provision or any item in this ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.

SECTION 4. All other ordinances inconsistent herewith are hereby repealed.

SECTION 5. This Ordinance shall take effect after final passage, approval, and publication as required by law.

Notice is hereby given that the foregoing ordinance was introduced and passed first reading at a regular City Council meeting of February 12, 2026 and said ordinance will be further considered for final passage and adoption after a public hearing to be held on February 26, 2026 at 7:00 p.m. in City Council Chambers, 1 West New Jersey Avenue, Somers Point, NJ 08244. Free copies may be obtained at the City Clerk’s Office, 1 West New Jersey Avenue, Somers Point, NJ, Mon.-Fri, 9am-5pm.

Shelby Heath, RMC

City Clerk