Fiber Optics in Interstate Right-of-way Jonathan Lenhart, P.E. Utility/Railroad Engineer Idaho Transportation Department

Telecommunication Act of 1996 Open Interstate Right-of-way to Fiber Optic Each State to consider ITD first respond was No!

Map of Idaho

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

Other Interested Telecom TOUCH AMERICA  Main Fiber Optic from Seattle to Chicago  Only pass through north Idaho I-90 corridor No connections

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

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.

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