(A) Within six months of the effective date of this ordinance, the city will select one company, after informal competitive bid among the companies authorized to provide telecommunication services, to provide a downtown backbone network comprised of the following designated facilities. The company and other companies contemporaneously franchised and authorized to provide telecommunication services, shall provide to the city an indefeasible right to use ("IRU") and will proportionately contribute to the reasonable and necessary cost of:
(1) A three pair dark fiber backbone in that company's then existing backbone;
(2) Lateral connections from the backbone to the following facilities, at the U.S. West/City network interface (i.e., the telephone room);
(a) Albuquerque Bernalillo County Government Center;
(b) Fire Station No. 1;
(c) East Convention Center; and
(d) The city's long distance carrier's point of presence.
(B) In addition to the downtown network, the city may, within two years of the effective date of this ordinance, select a second backbone network, either the company's or that of another company franchised and authorized to provide telecommunication services, of three pair of dark fibers for the city's IRU in such company's backbone network. The company so selected will be reimbursed proportionately by the companies not chosen, including companies then franchised to provide similar services, for the incremental cost of adding the fiber and the incremental cost of maintaining it in the future.
(C) The company and any other company franchised and authorized to provide telecommunication services will proportionately contribute to the cost of connecting the following city facilities to a network of the city's choice:
(1) Piño Yards; and
(2) Old Albuquerque High School.
(D) The company shall provide the city three additional lateral connections at locations of the city's choice either connecting to the city's then existing dark fiber networks or the then existing network of any company then authorized to provide telecommunication services. If a lateral connection is made to a lighted network, the city or the new end-user customer will be expected to pay service charges to the network owner. Lateral connections will be limited to 100 feet. Anything greater than the 100 feet will be paid for by the city or the end-user customer.
(E) All facilities placed for the city's use pursuant to divisions (A) through (D) above shall be for the city's internal and noncommercial purposes, not for resale, and for the city's sole and exclusive use. In the event of a sale of the company's network, the city will retain an indefeasible right to use the above facilities.
(F) The company agrees to bear its pro rata share of any maintenance of fiber dedicated to the city. Except that the city shall pay only actual incremental labor costs to the company to repair the city's share of dark fibers within any cable that is damaged as the result of any natural disaster.
(G) The city will not allow or direct any third party to access fiber optic cable or other company facilities, if any, in city rights-of-way without notice to the company sufficient to allow the company to supervise and direct such access.
(H) The city recognizes that the company's agreements, if any, to occupy rights-of-way or for pole attachments may be subject to the control of third parties who may require the company to relocate its cable. In the event of such required relocation by the company, the company shall provide notice thereof to the city as soon as reasonably possible. The company shall provide replacement dark fibers to the city in any company replacement cable as soon as reasonably possible.
(I) The city agrees in consideration for the provision of such dark fiber and lateral connections to hold the company free and harmless from all claims or liability for damage which may arise out of the city's operation of such dark fiber and lateral connections.
(Ord. 49-1995)