Title
License Agreement for Intrepid Fiber Optic Installation
History
Intrepid Fiber desires to install, operate and maintain underground fiber optic telecommunications cables within the Village’s rights-of-way. The proposed non-exclusive License Agreement would provide residential and commercial customers with an additional option for access to reliable, reasonably priced high-speed broadband internet services.
Intrepid is headquartered in Colorado and currently works and provides fiber internet service to a number of communities in Colorado and Minnesota. Intrepid Fiber is a startup that is backed by global investment firm Brookfield Infrastructure Partners.
The Village of Orland Park is the first municipality in Illinois to execute an agreement with Intrepid and will be the first municipality in Illinois to undertake installation of its high-speed internet network. The full build-out will entail a multi-year effort.
Section 253 of the Telecommunications Act of 1996 (47 U.S.C. 253) provides that the Village may not prohibit or have the effect or prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. Further, the Illinois Telephone Company Act (220 ILCS 65/4) authorizes telecommunications carriers, such as Intrepid Fiber, to construct, maintain, alter and extend its facilities along, upon, under and across any highway, street, alley, or public right-of-way dedicated to utility purposes, so long as it does not inconvenience or disturb the public in the use thereof.
The proposed License Agreement includes requirements for equipment placement in rights-of-way, obtaining required permits, and damage restoration per Village regulations. The key terms of the agreement are as follows:
· The initial term of the License Agreement is for fifteen years from the date of the execution by the Village. The License Agreement may be renewed for successive five-year terms upon written consent of the Village and Intrepid Fib...
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