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Aug
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2022

Ordinance 2022-29

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— Public Notice —

APPROVING A USE POLICY FOR MUNICIPAL BROADBAND (KNOWN AS SPRINGS-NET) FOR THE VILLAGE OF YELLOW SPRINGS

ORDINANCE 2022-29, VILLAGE OF YELLOW SPRINGS, OHIO

Interested persons will take note that the Village Council of Yellow Springs on Monday, July 18, gave first reading to an ordinance, text to follow.

Council will give a second reading and pass into law during a public hearing on Monday, August 15, in the Bryan Community Center, 100 Dayton St.

WHEREAS, Village Council previously adopted Resolution 2020-47 and Resolution 2021-34 committing to the provision of municipal broadband service in Yellow Springs, partnering with Springs-Net, the Miami Valley Educational Computer Association,, Yellow Springs Exempted Village Schools, and the Yellow Springs Community Foundation, to pursue grants from Broadband Ohio to extend additional wireless and fiber services; and

WHEREAS, the Village’s establishment of a community-wide utility for municipal broadband was accomplished through Ordinance 2021-24, which included provision for development of additional policies pursuant to Village Codified Ordinance Section 1043.01(C),

WHEREAS, it is widely acknowledged that there is the potential for Broadband networks to be mis-used as a surveillance technology; and,

WHEREAS, Village of Yellow Springs Codified Ordinance Section 607.04 requires Council, before approval of any request to fund, acquire or use surveillance technology, to determine that the benefits of the technology outweigh its costs, and that the proposal properly safeguards civil liberties, privacy rights, and civil rights, and that the proposed uses and deployments of the surveillance technology will not be based upon discriminatory or viewpoint-based factors or have a disparate impact on any community or group; and

WHEREAS, The Use Policy providing user privacy and net neutrality in the operation of the Village of Yellow Springs Municipal Broadband Network referenced here as “Springs-Net” properly safeguards civil liberties, privacy rights, and civil rights in that the proposed uses and deployment of Springs-Net will not be based upon discriminatory or viewpoint-based factors or have a disparate impact on any community or group, and in that the benefits of Springs-Net are projected to outweigh its costs,

NOW, THEREFORE, COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY ORDAINS THAT:

Section 1. All formal actions related to this Ordinance were conducted in public meetings in compliance with Section 121.22 of the Ohio Revised Code and Chapter 607 of the Village Codified Ordinances, including by making the Policy publicly available prior to the public hearing on this Ordinance.

Section 2. The Municipal Broadband Policies Use and Privacy and Net-Neutrality Policies for the Municipal Broadband Network referenced here as “Springs-Net” are approved as attached and incorporated in Exhibit A*.

*Full text of Exhibit A is available online at http://www.yso.com, at the Clerk of Council’s office, Y.S. Library or in the Bryan Center lobby.

Brian Housh, President of Council

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