SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving a Nonexclusive Limited License Agreement with LightGig Communications, LLC for Fiber Optic Network
Body
DEPARTMENT: Public Works
Department
PRESENTER(S): David Pasic, Public Works Director
First Name Last Name, Title
STAFF RECOMMENDATION:
Recommendation
Approve the Resolution authorizing a NonExlusive Limited License Agreement with LightGig Communications, LLC for Fiber Optic Network
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
In June of 2024, the Town was approached by internet service provider (ISP) LightGig Communications, LLC to inquire of its ability to provide high speed internet service in greenfield development in the Town of Erie.
Unlike other ISPs, LightGig is not seeking to obtain general authorization to install fiber-optic internet Town wide. They seek to be able to coordinate with developers of greenfield developments and place facilities primarily through joint trenching opportunities. Because of this approach and with the purpose of controlling how LightGig may deploy their network, Town staff and legal counsel with Wilson Williams Fellman Dittman have worked to negotiate a Nonexlusive Limited License Agreement with LightGig Communications.
Entering this agreement with LightGig and coordinating on network deployment within the Town increases the available competition community members may choose from where the service is available. The Town will charge LightGig the applicable permitting and review fees as necessary.
The Agreement with LightGig has a term of 10 years. Upon the expiration of that initial term, the parties may negotiate or renew the Agreement to allow LightGig to continue operating and deploying new network facilities within the Town. If the Agreement expires without a renewal, LightGig will not be required to remove their facilities from Town rights-of-way, but will be prohibited from installing any new infrastructure until a new or renewed agreement is entered into.
COUNCIL PRIORITY(S) ADDRESSED:
ü Prosperous Economy
ü Effective Governance
ü Fiscally Responsible
ATTACHMENT(S):
1. Resolution
2. Agreement