Draft
Resolution No. ______
A Resolution OF THE CITY OF LAWRENCE, KANSAS, relating To the administration of the City's fiber optic cable network: fIBER INSTALLATION, Agreements with community anchor institutions, and DARK FIBER LEASE Agreements with privately owned companies.
WHEREAS, the City of Lawrence (“City”) owns a fiber optic cable network within the City to provide for the City’s telecommunications needs and enhance City services to residents; and
WHEREAS, the City is committed to establishing redundancy in its fiber optic cable ring; and
WHEREAS, the installation of fiber optic cable is most cost effective when completed in conjunction with other City infrastructure projects; and
WHEREAS, the City finds it in the best interest of the public to establish certain policies regarding the installation of fiber optic cable in conjunction with City infrastructure projects
WHEREAS, the City customarily works in partnership with Community Anchor Institutions when feasible to optimize the opportunities to install and utilize fiber optic cables for the public interest; and
WHEREAS, the City finds it in the best interest of the public to establish certain policies regarding agreements with Community Anchor Institutions for the installation and utilization of fiber optic cables; and
WHEREAS, the City customarily installs the maximum feasible amount of fiber optic cable in conduit; and
WHEREAS, the City has determined excess dark fiber capacity exists in certain locations within its fiber optic cable network; and
WHEREAS, the City Commission has heard from citizens and businesses that barriers to access of high speed internet services exist and the City Commission has received an expert consultant’s report indicating the same; and
WHEREAS, the City desires to provide competitively neutral opportunities for privately owned companies to lease unused City owned dark fiber in order to enhance internet services to businesses and residents when desirable by the City; and
WHEREAS, the City finds it in the best interest of the public to establish certain policies that standardize agreements for the private utilization of City owned dark fiber and prioritize providers that increase citizen access, coverage and choice;
NOW, THEREFORE, THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS DOES HEREBY RESOLVE;
SECTION 1: Definitions. For purposes of this Resolution, the following terms have the definitions given in this section.
"Dark Fiber" means any City owned dark fiber strand, owned solely by the City or in cable owned by the City, so long as the strand is not desired for use by the City. "Dark Fiber" also means virtual fiber strands that may be created using City-owned fiber strands through wave division multiplexing equipment without adversely impacting the City's use of the fiber strand.
"Fiber Infrastructure" means City owned conduit, inner duct, vaults, and any other City-owned facility that is related to the use of fiber optic cable.
“Community Anchor Institutions” means such entities as schools, libraries, hospitals and other medical providers, public safety entities and institutions of higher education.
“Dark Fiber System Map” means the map that illustrates the official inventory of City owned dark fiber strands available for lease by privately owned companies.
“Vault” means an access point (e.g. pull box, handhole, manhole, etc.) in the City’s fiber optic network which the City would conventionally perform work on fiber optic strands, including splicing.
“Symmetrical” means equal speeds for uploading and downloading data/content from the internet.
SECTION 2: FIBER INSTALLATION. It is the policy of the City of Lawrence to consider the potential for fiber optic cable installations in conjunction with City street, utility, or other projects that will be disturbing the City’s rights of way when the project occurs along arterial or collector streets, or otherwise meets the objectives of the City’s technology master plan.
SECTION 2 (a): DEPARTMENT COOPERATION ON FIBER INSTALLATIONS. When designing City infrastructure projects which meet the criteria identified in Section One, the department involved with the project design shall consult with the City’s Information Technology Department regarding fiber conduit needs.
SECTION 2 (b): FIBER CONDUIT STANDARD. Fiber optic installations completed by the City shall consist of a minimum of 3” Schedule 40 PVC conduit or 3” HDPE Conduit, depending upon the appropriate application. Fiber pull boxes shall be adequately spaced to allow for future access by the City or other parties.
SECTION 3: AGREEMENTS WITH COMMUNITY ANCHOR INSTITIONS. It is the policy of the City of Lawrence to partner with Community Anchor Institutions when feasible to optimize the opportunities to install and utilize fiber optic cables in the public interest.
SECTION 3 (a): AUTHORIZATION. The City Manager shall bring forward for the approval of the City Commission any proposed agreement between the City and Community Anchor Institutions.
SECTION 4: DARK FIBER LEASE AGREEMENTS WITH PRIVATELY OWNED COMPANIES. It is the policy of the City of Lawrence to provide competitively neutral opportunities for privately owned companies to lease unused City owned dark fiber optic strands in order to enhance internet services to the businesses and residents of Lawrence when desirable by the City.
SECTION 4 (a): AUTHORIZATION. The City Manager shall bring forward for the approval of the City Commission any proposed agreement for a privately owned company to lease City owned dark fiber optic strands.
SECTION 4 (b): Limitations. The City shall enter into agreements with privately owned companies for the utilization of City owned dark fiber with the following limitations:
i. City owned Dark Fiber leased by the City for purposes of this Resolution shall remain the sole and exclusive property of the City at all times.
ii. The standard term of agreement for private lease of City owned Dark Fiber shall be five years with two five year extensions.
iii. Leased City owned Dark Fiber must be used for the purpose of providing symmetrical high speed fiber-based internet service of a minimum of 100 megabits per second to Lawrence businesses and residences.
iv. Only Dark Fiber strands as marked on the Dark Fiber System Map shall be leased to privately owned companies. The Dark Fiber System Map shall be available in the City Clerk’s Office and shall be updated to reflect changes to the City’s Fiber Optic System.
v. Private connections to the City’s fiber optic network for purposes of this Resolution shall only occur at established Vaults, as approved by the City.
vi. Dark Fiber strands shall be leased in full segments as determined by the City.
vii. The City or a city-approved vendor shall perform all work on City owned fiber optic cables and Fiber Infrastructure in order to ensure the continuity of City services, and the safety and wellbeing of the public.
SECTION 4 (c): FINANCIAL ADMINISTRATION. The City shall recover the cost of leasing dark fiber to privately owned companies for the purpose of this Resolution.
i. Consideration received by the City for private utilization of its dark fiber shall be based on the following factors: the City’s standard dark fiber lease fees; the original installation cost and the useful life of Dark Fiber and Fiber Infrastructure; and, any connections, electronic installations or work that must be performed by the City under the agreement.
ii. The fees charged each month to privately owned companies for the lease of dark fiber shall be assessed as follows:
Annual Lease Fee: $250 per strand per mile with a minimum fee of $250. The full length of each leased Dark Fiber strand segment shall be used to calculate the monthly lease fee.
iii. Initial Incentive: In order to provide an initial incentive for companies to offer high speed internet service to residents and businesses in Lawrence, a company’s annual lease fee for the first five years will be waived if the company performs the following:
1. Provides service to at least 300 residential or business customers and achieve this service level within 24 months of signing the agreement with the City
2. Provides free service to households with a net income at or below 100% of the net income eligible for food assistance as defined and published by the Kansas Department for Children and Families
3. Provides free service to non-profit organizations and institutions within its service area
SECTION 4 (d): STANDARD AGREEMENT. The standard lease agreement, which accompanies this policy, shall be utilized as the standard template for all agreements with privately owned companies for the lease of City owned dark fiber.
SECTION 4 (e): ANNUAL EVALUATION OF DARK FIBER AGREEMENTS. Companies utilizing City owned dark fiber under this policy shall submit a report to the City Commission by the end of January each year, reporting on the benefits to the community from activities under this policy through the end of the preceding calendar year. The report shall include the following: The location and purpose of each privately owned company’s leased fiber optics; the extent to which the agreement improved access to high-speed fiber-based Internet services to Lawrence businesses and/or residences; speed of services offered, and, whether lower-income areas and/or non-profit organizations and institutions are served by the agreement.
SECTION 5: FUND MANAGEMENT. Revenues generated from dark fiber lease agreements shall be deposited in the City’s General Fund. Expenditures associated with dark fiber lease agreements may be paid from the General Fund, including but not limited to operating, maintenance, capital and administrative costs related to the leasing of Dark Fiber.