HomeMy WebLinkAboutCouncil Presentation 01/14/2020 - Use of Town-Owned Fiber Conduit-DuctsUse of Town-Owned Fiber Conduit/Ducts
Jane Fairall, Deputy Town Attorney
Background
•Town owns buried ducts in various rights-of-way in town
•Typical duct includes 3
inner ducts, 1 in use by the
Town and 2 spares
•Town has received requests
from cable, telecom &
internet providers to
use spare inner ducts
Location of Ducts
Key Policy Questions
•Should the Town allow others to use Town ducts?
•What should be the financial basis for the charge for use of the
duct?
•What should be the term of years (duration) for use of the
duct?
•Should the Town require facilities to be removed from the duct
upon termination?
•Should the Town have a standard form of contract for use of a
Town duct?
Use by Others
•Should we allow others to use Town ducts?
•Pros
–Helps Town recoup some of its cost of installing facilities
–Reduces utility conflicts by minimizing new cuts
–Less disruptive to traveling public
•Cons
–May give third party conduit user the expectation of permanence
–May shift some risk of conduit or facility failure to the Town
–The proximity of the inner ducts could result in conduit user’s facility
failures interfering with Town facilities and other conduit users’ facilities
Financial Basis
•What should be the financial basis for the charge for use of the
duct?
–Town’s actual cost of installing the duct
–User’s estimated cost of installing a line if they were not able to use
the Town’s duct
–“In-kind” or revenue sharing agreements
–Annual per linear foot charge
•e.g. Pima County: 35 cents per foot/per year (agreement entered into in 2011)
•Could be adopted via comprehensive fee schedule
Duration
•What should be the term of years (duration) for use of the
duct?
–Renewed every 5 or 10 years
–Permanent
Removal of Facilities
•Should the Town require facilities to be removed from the duct
upon termination?
–Could reduce the value of the duct to the user
–Should require the user to put up security for the removal
–Removal will make the duct available to other users and will avoid
doubts about live vs. dead facilities
Form of Contract
•Should the Town have a standard form of contract for use of a
Town duct?
–Master agreement to use our system from time-to-time, as the need
arises, at various locations, subject to individually executed Conduit
Orders
–Individual, ad-hoc agreements for each use
–Use provider’s form of agreement
Use of Town-Owned Fiber Conduit/Ducts
Feedback and Questions
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