Telecommunications and Related Facilities Management ______________________________________________________________________________
Summary of Policy This policy provides guidelines for the management of third-party use of rightsof-way, fiber optic assets and telecommunications antennas (“telecommunications assets”) and the evaluation of third-party proposals to use them. Among other things, the policy: a. encourages development of telecommunication assets. b. mandates a quick response to thirdparty proposals to use telecommunication assets and their subsequent evaluation. c. ensures that needs are not negatively affected by third-party telecommunications use. d. requires third-party users to provide fair and reasonable compensation. e. prohibits exclusive agreements. f. requires compliance with federal and state telecommunications laws.
Historical Perspective
After the passage of the Telecommunications Act of 1996, telecommunications firms and governmental entities became intensely interested in our surplus assets and arranged to lease them. Private industry leases provided us with substantial revenue and government leases usually provided in-kind services. In June 1998, a comprehensive report was completed detailing the most advantageous path forward regarding development of Telecommunications Assets and included a business plan model that was used to prepare the proposed program and guidelines. The Telecommunications and Related Facility Assets Management Program and Third Party Use Guidelines program and guidelines will be used by staff as a flamework to evaluate proposals, such as the recent inquiries by the telecommunications industry to use existing dark fiber or install new fiber in the Red Line tunnels.
The agency owns or controls substantial real estate assets and telecommunication facilities. Among these assets are rail right-of-way (including tunnels), fiber optic cable, conduit, duct bank, antenna towers, and communications buildings and sites. These assets have become increasingly attractive to third parties for telecommunication uses and when used for such purposes are deemed "Telecommunication Assets."
These guidelines will also aid staff in proceedings with major building owners who are seeking to outfit their buildings with the latest in telecommunication technology and are inquiring about the use of nearby excess dark fiber. In addition, a current proposal from the cellular communications industry on the use of space within Red Line tunnels, and other telecommunications infrastructure development proposals will be evaluated using the guidelines.
The Telecommunications Act of 1996 requires open access to service providers into all telecommunications markets and that compensation for use be fair and reasonable, neutral and nondiscriminatory, and publicly disclosed. The proposed guidelines reinforce policies and adherence to federal law.
The guidelines apply to transactions involving commercial telecommunications carriers, as well as governmental agencies. When possible, we will continue to work cooperatively with governmental agencies operating their own internal communication systems in an effort to consummate sharing, swapping and joint
Telecommunications and Related Facilities Management ______________________________________________________________________________ use arrangements, which facilitate cost savings and inter-governmental cooperation. Shortly after the Board adopted the policy in March 2000, the telecommunications industry collapsed, taking with it the demand for telecommunications assets. This demand has not yet returned.
Last Board Action March 23, 2000 – Telecommunications and Related Facilities Management Board approved on consent calendar. A. Adopt the recommended Telecommunications and Related Facility Assets Management Program and Third Party Use Guidelines. B. Incorporate the Board adopted Fiber Optic policies into Telecommunications and Related Facility Assets Management Program and Third Party Use Guidelines, and revise the same to include all telecommunications and related facility assets for commercial use.
Attachment Telecommunications and Related Facility Assets Management Program and Third Party Use Guidelines
MTA TELECOMMUNICATIONS AND RELATED FACILITY ASSETS MANAGEMENT PROGRAM AND THIRD PARTY USE GUmELINES
INTRODUcnON The MT A Telecommunicationsand RelatedFacility AssetsManagementProgramand Third Party Use Guidelineshavebeendevelopedto establishpolicy guidelinesfor the management and leasing of MT A real estate and telecommunicationfacilities for telecommunication purposes, These assetsshall include, but not be limited to, rail right-of-way (including tunnels),fiber optic cable,conduit,duct bank,antennatowers,and communicationsbuildings and sites, When used for telecommunicationspurposes, such assets are deemed 'vrelecommunicationAssets," Leasing of such assetsis one of the methodsmany of the major transit authoritiesuseto realizeadditionalrevenues,
PURPOSE These guidelines will govern the managementand leasing of MT A Telecommunications Assets. In particular, these guidelines will govern use of these assetsby third party telecommunicationprovidersand managementof an inventory of theseassetsby MT A staff. The scopeof theseguidelinesexcludesnon-telecommunicationusesof MT A real property that areotherwisecoveredunderexisting MT A Policy.
DESCRIPTION
The telecommunicationsindustry has shown interest in using MT A Telecommunications Assets for telecommunicationspurposes. To date, the industry's interest has focused primarily on rail rights-of-way (including tunnels), fiber optic cable, conduit, duct banks, antennatowers and communicationsbuildings. Other assetssuch as the MT A wide area network, computer systems and micro-wave systems that might be of interest to the telecommunicationsindustry. Theseassetswill not be coveredby theseguidelinesbut, will insteadbe managedand marketedthrough a separateprogram developedby the Office of Administration. These guidelines will: (1) ensure that MTA can quickly respond to telecommunications industry proposalsas they arc received,(2) provide a frameworkfor consistentevaluationof such proposals,(3) ensure that MTA communicationsand transportationneeds are not negativelyimpactedby third party telecommunicationuses,and (4) ensurecompliancewith federaland staterequirementsgoverningtelecommunications.Theseguidelineswill also aid staff in proceedingswith major building owners who are seeking to outfit their buildings MT A Telecommunicationsand RelatedFacility AssetsManagementProgram and Third Party Use Guidelines
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with the latest in telecommunicationtechnologyand are inquiring about the use of MTA's nearbyexcessdark fiber and otherjoint developmentopportunities. These guidelinesapply to transactionsinvolving not only commercial telecommunications caniers but to governmentalentities. When possible,MT A will work with governmental entities operating their own internal communicationssystemsin an effort to consummate sharing, swapping and joint use arrangementswhich facilitate cost 'savings and intergovernmentalcooperation.
POLICY The MT A, through its ongoing planning process, will identify opportunities for facility asset development that meets the MT A's communication needs, while providing opportunities to encourage public-private sector partnerships which provide additional revenue,and! or in-kind servicesthat meet the MT A needs,or public telecommunicationsaccess.
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3.
The MT A will explore how its telecommunicationand related facility assets'can enhancemixed usedevelopmentaroundrail stationsor along rail corridors,and foster telecommunicationactivities such as televillages, that can improve mobility and encouragetransit use. A) The MT A, when funding transportationmanagementsystem projects, will plan for future transportationtelecommunicationsystemneedsand ensurethat those needsare met (i.e. constructionof fiber optics conduit) as part of the construction MT A fundedprojects. B) If any third-party user of MT A TelecommunicationAssetsrequiresfinancing to install a telecommunicationssystem,the financing shall in no way encumberany real estateof other telecommunicationsfacilities ownedby MT A, unlessapprovedby the Board.
4.
The MT A, through its planning, design and construction process will identify additional facility needs and accesspoints necessaryto meet the MTA's future telecommunicationneeds.
s.
The MTA will work with other governmental entitiesin developingcooperative arrangements for sharingtelecommunication facilities. when such arrangements providea mutualbenefitto theMTA andotherinvolvedentities.
MT A Telecommunications and Related Facility Assets Management Program and Third Party Use Guidelines
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6.
A) The MT A will not grant exclusive agreementsto any third parties which would allow such partiesexclusiverights to MT A TelecommunicationAssetsto the exclusionof other parties. B) Agreementsallowing third party useof MT A TelecommunicationAssetsshall not obligate MTA to incur any costs to operate,maintain, or reRairthe third party's telecommunicationsfacility, except to the extent of any telecommunicationassets grantedto MTA aspart of the suchagreements(i.e.; dark fiber).
7.
Beyond the operationof its own telecommunicationfacilities for internal MT A uses, the MT A will not itself enter the competitive local telecommunicationsmarket as a carrier of telecommunications traffic.
8.
All requestsfor useof MT A's TelecommunicationAssetswill be evaluatedbasedon the following criteria: (a) Use does not interfere with MTA's ability to meet its telecommunications, transportation,operationalor other requirementsand obligations. (b) Compensation for use of Telecommunication Assets will be fair and reasonableandconsistentwith federalandstateregulations. (c) The proposedtelecommunicationsuser shall be financially able to construct and operatethe telecommunications systemit seeksto install.
9.
MTA staff will prepare a semi-annual inventory of rail rights-of-way and telecommunicationsand relatedfacility assets,including but not limited to: lighted fiber, dark fiber, existing conduit, duct banks, potential pipeline reuse, antenna towers,and other availablerights-of-way.
10.
MT A staff will report to the Boardat leastsemi-annuallyon the marketingprogram
RES PONSm ILmES
The MT A Telecommunicationsand RelatedFacility Assets ManagementProgramwill be jointly administeredthroughthe Office of the CEO, New BusinessDevelopmentDepartment and the Office of Administration.Contractswill be negotiatedby the Director of Real Estate in conjunctionwith County Counselandwhen warranted,a telecommunicationsconsultant
MT A Telecommunications and Related Facility Assets Management Program and Third Party Use Guidelines
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