Section 549.80  Committee Outcomes

The Committee will facilitate two kinds of voluntary, legally binding agreements between entities and other outcomes as applicable. Committee members can choose to participate in one or more Committee outcomes on any underground project. The Committee member who initiates a Committee outcome opportunity will have the authority to decide who to coordinate with on that outcome, rather than the Committee as a whole.

a)                  Joint Build

1)         Committee members with overlapping project timelines and locations may voluntarily coordinate shared excavation efforts to reduce underground infrastructure deployment costs. 

2)         Joint Build coordination should include a mutually agreed upon plan detailing roles, responsibilities, project timelines, deployment sequence, damage and liability policies, and cost sharing terms, formalized in a written agreement.

3)         All joint build excavation activities should follow established best practices and comply with all applicable regulations to ensure safe and efficient trench sharing.

4)         The Dig Once Coordinator is limited to identifying and recommending best practices, providing guidance, and facilitating communication between parties related to the formal agreements.

b)         Proactive Installation

1)         To support and facilitate broadband deployment, IDOT, and ISTHA may make dark fiber, excess conduit, and other broadband infrastructure available on an equal and non-discriminatory basis to entities for middle mile or last mile access. Broadband Providers may make dark fiber, excess conduit, and other broadband infrastructure available on an equal and non-discriminatory basis for other entities to use to facilitate middle mile or last mile access where applicable. Excess conduit or dark fiber may be reserved for future use by the state agency or broadband provider as leased, licensed, or subject to a similar agreement.

2)         The promotion of leasing opportunities and processes for excess conduit, dark fiber, and other broadband infrastructure shall follow fair and transparent procedures to ensure equitable access for both public and private entities supporting middle or last mile broadband deployment. This includes the following requirements:

A)        All Committee members will be notified of leasing opportunities during regular Committee meetings and via electronic means, such as recurring emails or an online portal. Notifications must occur no less than 4 weeks after the relevant infrastructure is available.

B)        Entities interested in accessing dark fiber or excess conduit may submit applications through a centralized portal. The submission window will remain open for at least two-weeks following the public posting of the initial opportunity. After this window closes, the infrastructure owner may begin reviewing applications on a rolling basis using their own consistent and objective evaluation criteria. Based on the availability of infrastructure and alignment of proposed uses with program goals, one or more applicants may be selected by the owner of the infrastructure to enter into a lease, licensing agreement, or similar agreement.

C)        Leases, licensing agreements, and similar agreements should include a mutually agreed upon plan, maintenance responsibilities, damage and liability policies, and other relevant terms formalized in a written agreement.