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TO: Mayor John Laesch
FROM: Jason Bauer, Director of Public Works
DATE: September 30, 2026
SUBJECT:
A resolution authorizing the Mayor or his Designee to execute Master License Agreements with vendors installing fiber optic utilities throughout the city.
PURPOSE:
To create uniformity with all fiber vendors, the Master License Agreement (MLA) will include the requirements of the city regarding new fiber installations.
BACKGROUND:
Historically, most private utility companies within rights-of-way and easements have been limited to providing natural gas, electricity and copper communication lines. With the demand for faster internet services growing, several newer companies have entered the market and are looking to provide fiber optic lines within the city. In many instances, there are no agreements above and beyond the standard permitting language that provides the city with the ability to exercise any additional control over the permitting, installation and ongoing operation/maintenance of these new utilities. As a result, staff and outside counsel have developed a new MLA to cover the existing gaps as these new vendors continue to expand their presence throughout the city.
DISCUSSION:
The new MLA is included as Exhibit A and the highlights of the MLA are summarized and included as Exhibit B. The included MLA, Exhibit A, will be provided to all vendors for execution; as a part of this resolution, the mayor or his designee will have the authority to execute future MLAs following this template. Creation of this new MLA provides numerous benefits to the city as it clearly defines the city's expectations of the vendor and the associated delays they will experience during the permitting and construction processes, should any of the currently permitted installation projects progress in a manner that isn't in alignment with the MLA. A few such examples are generally the concerns that arise from lack of notification, lack of knowledge regarding who to contact when issues arise during installation, and the delay in restoration and repairs after installation is complete. These few issues alone result in numerous phone calls to staff and elected officials. While the city understands that these services will ultimately be a benefit to the residents, the MLA addresses the fact that the city is not equipped with the personnel required to conduct the daily requests that arise from the installation of these utilities. The MLA also allows the city to receive payment from the vendor, when outside consultants need to be brought in to provide oversight to ensure vendor compliance with the MLA.
Beyond the first stage, which consists of the installation of these utilities, the MLA identifies ongoing responsibilities associated with owning a private utility located on city property or within city easements. It further clearly dictates to the vendor that receipt of the city permit does not absolve them of the responsibility to obtain necessary permits from other entities (County, State, others.).
IMPACT STATEMENT:
Execution of the MLA will reduce the time and effort expended by staff and elected officials during this time of rapid expansion of fiber optic utilities within the city.
RECOMMENDATIONS:
I request the proposed resolution be adopted.
cc: Infrastructure and Technology Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the Mayor or his Designee to execute Master License Agreements with vendors installing fiber optic utilities throughout the city.
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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, several new private utility vendors are approved by the state of Illinois to provide fiber optic utilities within the state; and
WHEREAS, the city has no processes or agreements in place for the permitting, installation and ongoing maintenance of these utilities; and
WHEREAS, the creation of a Master License Agreement (MLA) is required to properly address the concerns of the city for these newer entities wishing to provide services to city residents; and
WHEREAS, the MLA template outlining the requirements for the permitting, installation and ongoing maintenance of these private utilities is included as Exhibit A and the highlights of the document are included as Exhibit B; and
WHEREAS, the Mayor or his designee is allowed to execute the agreement, upon receipt of all the preliminary items identified and described as necessary within the MLA; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: the Mayor or his Designee is hereby authorized to execute Master License Agreements with vendors installing fiber optic utilities throughout the city.