TITLE 10
MUNICIPAL FIBER-OPTIC SYSTEM

CHAPTER 1
MUNICIPAL FIBER-OPTIC SYSTEM

SECTION:

10-1-1: Purpose

10-1-2: Definitions

10-1-3: Ownership, Control And Management

10-1-4: No Obligation To Serve

10-1-5: Applicability

10-1-6: Transfer Of Rights Prohibited

10-1-7: Billings

10-1-8: Limitations

10-1-9: Rights Of Way

10-1-10: Liability For Interruptions

10-1-11: Shut-Down For Repairs

10-1-12: Interference With The Fiber-Optic System

10-1-13: Protection Of The Customer’s Equipment

10-1-14: Tampering With Fiber-Optic System Prohibited

10-1-15: Theft Of Access Or Use

10-1-16: Violations And Penalties

10-1-17: Required Municipal Fiber Infrastructure Construction

10-1-18: Municipal Fiber Infrastructure Design Standards

10-1-1: PURPOSE:

The purpose of this chapter is to establish a City owned municipal fiber-optic system which provides broadband access to meet the needs of:

   A.   Residents;

   B.   Businesses;

   C.   City departments;

   D.   Public safety;

   E.   Community anchor institutions;

   F.   Other publicly owned and operated facilities.

To protect the public right of way by improving both the management and regulation of competing demands through the elimination of duplicate fiber-optic facilities within the public right of way.

To reduce the cost of maintaining the sidewalk, pavement and public facilities located within the public right of way by minimizing the number of pavement cuts and dislocation of other public facilities necessitated by the construction or installation of multiple fiber-optic facilities.

To foster competition among retail broadband service providers by providing open access to the Mountain Home municipal fiber-optic system.

To protect the cost of broadband services by eliminating anti-competitive pricing schemes or monopolistic practices which contribute to higher costs for broadband services.

To protect the ability of retail broadband service providers to reach subscribers and provide service without undue competition or regulation by a tax-supported entity.

To encourage the systematic development of the Mountain Home municipal fiber system and in turn maximize the availability of telecommunication and broadband service to residents and businesses within the City of Mountain Home.

To protect and control access to public right of way, and to extend life of City streets and other publicly owned infrastructure and reduce the cost of ongoing maintenance by encouraging cooperation between utility companies, public agencies, and City departments.

To create local resilience and the ability to support local communication in the event that access to an internet exchange point is temporarily cut off or in the event of a cyber-attack on public internet infrastructure.

To enable network services which require a greater level of privacy, security, or reliability than is available across the public internet. (Ord. 1709, 2-8-2021)

10-1-2: DEFINITIONS:

Certain terms used in this chapter shall have the meanings ascribed below:

ACCESS:	Access to or use of the fiber system in the form of either broadband transport service.
CITY:	The City of Mountain Home, Idaho.
CONDUIT:	Refers to a tube, duct, structure, boxes or other device designed for enclosing telecommunication wires or cables.
CUSTOMER:	A retail or wholesale user of the fiber-optic system.
DEMARCATION POINT:	The point of connection on an Optical Network Terminal or Network Interface Device at which the municipal fiber-optic system ends, and a point of interconnection is established for the customer's use.
DIRECTOR:	The appointed designee as determined by the Mayor.
DEVELOPER:	An individual, political subdivision, group, private developer, develop entity, business, or broadband service provider.
FACILITIES OR INFRASTRUCTURE:	Refer to wires, cables, conduit, switches, transmission equipment or other equipment for use in transmitting or processing telecommunications services or for providing support or connection to such equipment.
FIBER-OPTIC CABLE:	A high-speed data transmission medium. It contains tiny glass or plastic filaments that carry light beams. Digital data is transmitted through the cable via rapid pulses of light.
FIBER-OPTIC SYSTEM:	The City owned fiber-optic system, including all fiber, facilities, equipment, and appurtenances.
PROVIDER:	A retail broadband service provider.
PUBLIC RIGHT OF WAY or ROW:	Means the area across, along, beneath, in, on, over, under, upon, and within public alleys, boulevards, courts, lanes, roads, sidewalks, spaces, streets, and other publicly owned property within the City of Mountain Home.
SERVICE:	Any future or current, retail or customer broadband service which may be transported utilizing the fiber-optic system.
SUBSCRIBER:	A current or potential provider customer.
TELE- COMMUNICATION:	Wires, cables, conduit, switches, transmission equipment or other equipment for use in transmitting or processing telecommunications services or for providing support or connection to such equipment.
TRANSPORT:	Broadband transport service consisting of Ethernet services as supported by the municipal fiber-optic system. (Ord. 1709, 2-8-2021; amd. Ord. 1786, 9-26-2023)

 

10-1-3: OWNERSHIP, CONTROL AND MANAGEMENT:

The City shall have exclusive and complete ownership, control, and management of the fiber-optic system within all demarcation points, which shall include the device or interface provided for interconnection. The City may make such rules and regulations as are necessary for the operation of the fiber-optic system both inside and outside the City limits. (Ord. 1709, 2-8-2021)