Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Business Development
Information
Requested Action
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MOTION TO APPROVE Non-Exclusive Neutral Host License Agreement between Broward County and Tillman Digital Cities LLC for the design, installation, ownership, operation, and management of a neutral host In-Building Connectivity System at Port Everglades.
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Why Action is Necessary
Unless an express delegation exists, approval of a license agreement with a term exceeding three years requires approval by the Broward County Board of County Commissioners.
What Action Accomplishes
Approves the Non-Exclusive Neutral Host License Agreement between Broward County and Tillman Digital Cities LLC for the design, installation, ownership, operation, and management of a neutral host In-Building Connectivity System at Port Everglades.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building Partnerships and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward's lower and middle class.”
As business activity has grown at Port Everglades, the ability of the local cellular networks to handle the demand for cellphone users at the port, especially on busy cruise days, has been far exceeding the capacity of the networks. Port Everglades staff has been working with a number of cellphone service providers over the last few years to identify options to increase the capacity. On May 21, 2024 (Item No. 12), the Board approved a License Agreement with American Bandwidth, LLC (“Ameriband”), to make use of the existing County-provided Wi-Fi systems both inside and outside cruise terminals to enhance connectivity. While that system remains in place, user demand has consistently exceeded the capacity, resulting in frustration for cruise guests attempting to arrange their ground transportation after leaving the cruise terminal. Port staff was contacted by representatives from Tillman Digital Cities LLC (“Tillman”) in May 2025, offering a different solution using distributed antenna systems and related equipment both inside and outside the port’s eight cruise terminals.
After a number of technical meetings and discussions with Tillman representatives, staff is recommending approval of a new Non-Exclusive Neutral Host License Agreement (“Agreement”) between Broward County and Tillman for the design, installation, ownership, operation, and management of a neutral host In-Building Connectivity System (“IBC”) at Port Everglades.
The IBC is intended to significantly improve cellular wireless capacity and service availability in key areas of the Port, primarily within the Northport and Midport areas of Port Everglades. These areas were identified based on carrier performance data and operational needs associated with cruise activity, passenger movement, tenant operations, transportation network services, and other Port-related activities that depend on reliable cellular connectivity.
AT&T and Verizon Wireless are expected to be the initial participating carriers, however, agreements have not been finalized. As a neutral host system, the IBC may accommodate additional carriers in the future, subject to Tillman’s agreements with such carriers and the requirements of the Agreement.
The Agreement grants Tillman a non-exclusive license to access designated portions of Port property, subject to Port Everglades Department approval, for the installation and operation of communications infrastructure. Tillman is not required to pay a license fee; however, it is responsible for the cost of all improvements, estimated at approximately $3.5 million. The Agreement preserves the County’s ability to consider separate future proposals for similar or related infrastructure by other entities, subject to available space, technical capacity, operational compatibility, and any required approvals.
Because the final locations of the equipment space, antenna space, connections, and related infrastructure have not yet been determined, Exhibit 1 to the Agreement does not presently identify the Premises. The Agreement authorizes the parties, with County acting through the Port Everglades Chief Executive Officer/Port Director (“Port Director”) to subsequently designate and modify such Premises locations by written instrument incorporated into Exhibit 1 without requiring a formal amendment to the Agreement.
Tillman is responsible for the design, permitting, installation, construction, maintenance, operation, repair, replacement, and upgrade of the IBC and related infrastructure. Prior to commencing construction, Tillman must submit plans and drawings for review and written approval by the Port Everglades Department and obtain all required governmental approvals. The Agreement also includes requirements related to applicable law, port security, insurance, indemnification, maintenance, interference protections, public records, and removal/restoration obligations.
The initial term of the Agreement commences on the effective date and continues until the earlier of: (i) the day immediately preceding the tenth anniversary of the IBC Commercial Launch Date; or (ii) 13 years after the effective date. Unless extended by the Port Director, Tillman has three years after the effective date of the Agreement to have the system fully operational, or it is considered in material default. The Agreement will automatically renew for two additional five-year terms unless either party provides timely written notice of non-renewal. Tillman may also terminate the Agreement, for any reason or no reason, at any time before commencing construction.
The Agreement preserves the County’s sovereign immunity and the limitations of liability set forth in Section 768.28, Florida Statutes. Subject to certain exceptions, including claims involving gross negligence, willful misconduct, bodily injury, property damage, third-party claims, indemnification obligations, and violations of applicable law, Tillman’s aggregate liability to the County for direct damages arising solely from breach of the Agreement is capped at $3 million.
The Agreement has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Jorge Hernández, Director, Business Development Division, Port Everglades Department, 954-468-3501
Nicholas Vandenheiligenberg, Assistant Director, Business Development Division, Port Everglades Department, 954-468-0171
Fiscal Impact
Fiscal Impact/Cost Summary
There is no capital or operating cost to Broward County and Port Everglades resulting from the approval of this Agreement. No license fee is payable by Tillman in consideration of Tillman’s substantial capital investment in the communications infrastructure, which supports port operations. Tillman is responsible for all costs associated with its improvements, utilities, required approvals, and other obligations under the Agreement. If Broward County authorizes Tillman to use County-owned conduit or similar infrastructure in the future, such use will require written authorization and will be subject to applicable fees and reimbursement obligations.