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Fiber Optics in Interstate Right-of-way

Fiber Optics in Interstate Right-of-way. Jonathan Lenhart, P.E. Utility/Railroad Engineer Idaho Transportation Department. Telecommunication Act of 1996. Open Interstate Right-of-way to Fiber Optic Each State to consider ITD first respond was No!. Map of Idaho. No.1 Driving Force.

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Fiber Optics in Interstate Right-of-way

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  1. Fiber Optics in Interstate Right-of-way Jonathan Lenhart, P.E. Utility/Railroad Engineer Idaho Transportation Department

  2. Telecommunication Act of 1996 • Open Interstate Right-of-way to Fiber Optic • Each State to consider • ITD first respond was No!

  3. Map of Idaho

  4. No.1 Driving Force • SYRINGA • Combined group of small local telecoms • Fiber Optic net cover southern Idaho • Connections for all small communities • Strong support from Governor

  5. Other Interested Telecom • TOUCH AMERICA • Main Fiber Optic from Seattle to Chicago • Only pass through north Idaho • I-90 corridor • No connections

  6. Compensation • Request for Proposal (RFP) • Who would offer the most to ITD for rights to use interstate corridor • ITD desired Services not Hardware • Shared Resources Agreement with ITD • Touch America January 18, 2002 • OC-3 line connection Coeur d’alene to Lewiston to Meridian valued at $10,500/month • ITD implemented video conferencing between District offices

  7. Bankruptcy • October 2004 Touch America gave notice of sale of facility due to Bankruptcy • AT&T Network 2 acquired this facility • Agreement had clause for a new agreement with new ownership.

  8. Legal Ruling • Ninth Circuit Court of Appeals • City of Auburn v. Qwest Corporation • 260 F.3d 1160 (2001) • Fees charged under the franchise agreements are must be based on cost of maintaining the right-of-way per Telecom Act • Requirements that companies provide fees or excess capacity go beyond management of the right-of-way

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