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TO: Mayor Richard C. Irvin
FROM: Michael Baker, Optical Network Engineer III
DATE: June 13, 2018
SUBJECT:
Resolution approving a standard Pole Attachment Agreement Distribution Infrastructure between Commonwealth Edison Company and City of Aurora in the amount of $0.
PURPOSE:
Adopt a resolution, approving a standard form Master License Agreement (the “MLA”) for City of Aurora access to and use of Commonwealth Edison Company-controlled spaces on utility poles and in conduits for the purpose of providing wireless communications facilities services, and delegating the Mayor and or Chief Management Officer the authority to sign the standard form Master License Agreement.
BACKGROUND:
Over the last year, the City has been contacted by OnLight Aurora, which has expressed strong interest in accessing and using Commonwealth Edison Company-controlled spaces on utility poles and in conduits for the purpose of installing aerial fiber to promote economic development in the City of the Aurora.
Aerial fiber deployments are one of the most cost-effective methods of installing fiber cables. Rather than digging up roads, operators can simply use existing pole infrastructure to deploy the cables.
The rates, fees and charges for pole attachments and conduit occupancy to be in accordance with section 12.1.1, as noted in the MLA. First Year. Licensee represents that, as of the effective date of this Agreement, Licensee intends to provide Telecommunications Services using its Facilities and Power Supplies attached to ComEd’s Poles. Accordingly, during the Initial Year of the Agreement, Licensee shall pay ComEd when billed an annual fee of [twenty-eight] dollars and 94/100 ($28.94 ) for each Facility and for each Power Supply attached to a solely-owned ComEd Pole and [seventeen dollars and 37/100 Dollars ($17.37) for each Facility and for each Power Supply attached to a jointly-owned pole.
See attached MLA for additional terms of conditions.
DISCUSSION:
OnLight Aurora, the non-profit agency managing the City's fiber network, is proposing to build and implement cost-effective fiber access connections to various properties that will provide a robust, highly available network and internet to advance economic development opportunities.
IMPACT STATEMENT:
This request will have a positive impact on the community by allowing commercial users to connect to the City's fiber network and increase business opportunities through the City of Aurora.
RECOMMENDATIONS:
Adopt a resolution, approving a standard form Master License Agreement (the “MLA”) for City of Aurora access to and use of Commonwealth Edison Company-controlled spaces on utility poles and in conduits.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution approving a standard Pole Attachment between Commonwealth Edison Company and City of Aurora for the use of utility pole infrastructure.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City of Aurora (the "City") maintains a fiber optic data network consisting of more than 80 miles of buried fiber cabling, and;
WHEREAS, the physical deployment of a buried fiber network presently represents the most robust means of extending the fiber optic network; and
WHEREAS, the cost of extending the fiber optic network through the deployment of buried fiber also represents the most expensive means of extension; and
WHEREAS, the City's Information Technology Division believes that in certain circumstances, the extension of the network can be more efficiently accomplished through the use of aerial fiber; and
WHEREAS, Commonwealth Edison Company (ComEd) is willing to authorize the City to utilize its existing utility pole infrastructure to facilitate the deployment of an aerial fiber network; and
WHEREAS, the City and ComEd have negotiated a master pole attachment agreement (Pole Attachment Agreement) for distribution infrastructure, attached to this resolution as Exhibit A, which provides for the general terms and conditions under which ComEd is willing to authorize the City to utilize its infrastructure; and
WHEREAS, the City's approval of said Pole Attachment Agreement neither obligates nor authorizes the City or its Information Technology Division to deploy aerial fiber, but rather merely sets forth the parameters under which any future deployment can occur with respect to ComEd's infrastructure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor and City Clerk are hereby authorized and directed to the Pole Attachment Agreement designated as Exhibit A, attached to and made a part of this Resolution as if fully set forth herein; and further
BE IT RESOLVED, that nothing in this Resolution shall be construed to authorize the extension of the City's fiber optic network through the use of aerial fiber in place of a buried fiber network; and further
BE IT RESOLVED, that it remains the policy of the City to pursue the extension of its fiber optic network through buried fiber except as the City Council may from time-to-time specifically authorize.