They probably could.

On 10/13/2020 5:57 PM, Mike Hammett wrote:
Can the county sell IRUs as opposed to the underlying asset?



-----
Mike Hammett
Intelligent Computing Solutions <http://www.ics-il.com/>
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<https://www.youtube.com/channel/UCXSdfxQv7SpoRQYNyLwntZg>
------------------------------------------------------------------------
*From: *"Adam Moffett" <dmmoff...@gmail.com>
*To: *af@af.afmug.com
*Sent: *Tuesday, October 13, 2020 3:00:44 PM
*Subject: *Re: [AFMUG] public-private fiber models

Sadly we're literally not allowed to own it.  It's a USDA "ReConnect" grant.  The grant awardee is the muni.  USDA will have a hand on the wheel and their contract will literally not allow anyone but the awardee to own the network.

We could potentially buy the network afterwards with USDA approval, but I'm told it's an uphill battle to get approved.

It might be possible to structure the agreement so the muni owns it on paper and we have full control in reality.  But whatever agreement we make has to be approved by the USDA. I might have to get them on the horn and see what they'd prefer.



On 10/13/2020 3:05 PM, Steven Kenney wrote:

    It'll start out like most marriages.  That should be all you need
    to know.  I'd keep an eye on the divorce rates :)  In my case I
    have the perfect wife.. but dealing with municipalities and
    government you can expect your wife to be a "Karen".

    I'd ensure you own the fiber and have access to work on the
    fiber.  But guarantee them X amount of bandwidth over X period of
    time, you'll provide the labor and monitoring for all their
    connections.  Get it in front of a lawyer.  If shit goes downhill
    you both will be covered.  Just make sure any future projects with
    them won't get squashed.

    logo <https://www.wavedirect.net/>
    <https://www.facebook.com/ruralhighspeed>
    <https://www.instagram.com/wave.direct/>
    <https://www.linkedin.com/company/wavedirect-telecommunication/>
    <https://twitter.com/wavedirect1>
    <https://www.youtube.com/user/WaveDirect>
        *STEVEN KENNEY *
    DIRECTOR OF GLOBAL CONNECTIVITY & CONTINUITY A: 158 Erie St. N |
    Leamington ON
    E: st...@wavedirect.org | P: 519-737-9283
    W: www.wavedirect.net


    ------------------------------------------------------------------------
    *From: *"Adam Moffett" <dmmoff...@gmail.com>
    *To: *"af" <af@af.afmug.com>
    *Sent: *Tuesday, October 13, 2020 2:36:13 PM
    *Subject: *[AFMUG] public-private fiber models

    Anybody have direct experience with public-private partnerships as
    far
    as what works and what doesn't?

    I'm discussing with a county gov that has funding to build a network,
    and they're open to almost anything.  The nature of their funding
    requires that they own the network.  The nature of their knowledge
    level
    is that they have no idea how to be the network owner. So essentially
    it has to be a public-private partnership of some type.

    My first thought was we could lease fiber miles from them and own the
    electronics.  They keep the lease payments in a fund which they
    use to
    pay for repairs.  We could do repairs and send them bills based on an
    agreed upon fee schedule.

    Naturally I'd prefer exclusive access and I'm sure they'd prefer open
    access.  I think my biggest argument in favor of exclusive access is
    when you have a problem there's only one throat to choke.


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