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Published byElaina Gatwood Modified over 10 years ago
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Fiber Optics in Interstate Right-of-way Jonathan Lenhart, P.E. Utility/Railroad Engineer Idaho Transportation Department
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Telecommunication Act of 1996 Open Interstate Right-of-way to Fiber Optic Each State to consider ITD first respond was No!
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Map of Idaho
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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
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Other Interested Telecom TOUCH AMERICA Main Fiber Optic from Seattle to Chicago Only pass through north Idaho I-90 corridor No connections
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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
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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.
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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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