Proposed Dark Fiber Licensing Authority for Interstate Power & Light/Alliant Energy Copyrighted
February 6, 2023
City of Dubuque Consent Items # 023.
City Council Meeting
ITEM TITLE: Proposed Dark Fiber Licensing Authorityfor Interstate Power&
Light/Alliant Energy
SUM MARY: City Manager recommending City Council approval to amend the existing
Master Co-Location and Shared Services Agreement between the City
of Dubuque and I nterstate Power and Light (I PL)to provide I PL with
authority to license excess "dark fiber" presently in their Dubuque conduit
system.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Proposed Dark Fiber Licensing Authority for Interstate
Power& LighUAlliant Energy Memo to the City Staff Memo
Manager
8th Amendment to I PL Master Co-Location and Shared Supporting Documentation
Services Agreement
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Dark Fiber Licensing Authority for Interstate Power &
Light/Alliant Energy
DATE: February 1, 2023
Greater Dubuque Development Corporation Director Strategic Initiatives David Lyons
and Traffic Engineer David Ness are recommending City Council approval to amend the
existing Master Co-Location and Shared Services Agreement between the City of
Dubuque and Interstate Power and Light (IPL) to provide IPL with authority to license
excess "dark fiber" presently in their Dubuque conduit system. This amendment would
allow IPL to maximize the value of its dark fiber while giving the City reasonable control
over how it is utilized within the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
David Lyons, Director Strategic Initiatives GDDC
Gus Psihoyos, City Engineer
David Ness, Traffic Engineer
Chris Kohlmann, Information Services Manager
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: David Lyons, Director Strategic Initiatives GDDC
David Ness, Traffic Engineer
SUBJECT: Proposed Dark Fiber Licensing Authority for Interstate Power &
Light/Alliant Energy
DATE: February 1, 2023
INTRODUCTION.
This memo is requesting approval to amend the existing Master Co-Location and
Shared Services Agreement between the City of Dubuque and Interstate Power and
Light (IPL) to provide IPL with authority to license excess "dark fiber" presently in their
Dubuque conduit system.
BACKGROUND.
Previously, Alliant Energy entered into a Master Co-Location and Shared Services
Agreement with the City of Dubuque to collaborate on a conduit and fiber network build
through the City, connecting their lowa and Wisconsin assets via fiber. The
collaboration provided IPL with significant savings, created new conduit capacity for the
City and preserved limited public right-of-way. That collaboration has to date achieved
all goals and objectives.
DISCUSSION.
IPL installed significant amounts of fiber in its conduit, more than needed for initial
operations of IPL's internal system. The excess fiber is known as unused or "dark
fiber". IPL would like to have the authority to license out that dark fiber to 3rd parties,
specifically to entities that would use that fiber to service underutilized areas within the
IPL/Alliant Energy service territory. Initially IPL requested this authority as part of its
Franchise Agreement with the City, which City Attorney's Office rejected as creating a
poor precedent for negotiation of value within that contractual relationship.
After negotiation, a joint recommendation was developed. IPL would be allowed to
amend its Master Agreement to license dark fiber that was to be used within the City of
Dubuque so long as the City was notified, the 3rd Party complied with all existing City
requirements for the providing of broadband services in the City and the City
determined that the 3rdParty usage was reasonable.
City and IPL also agreed that in situations where IPL was licensing fiber to only transit
through Dubuque, and not provide any direct services in Dubuque, that it was
authorized to do so and did not need to notify the City or seek its approval.
BUDGET IMPACT.
Entering this amendment creates no budgetary impact to the City of Dubuque.
ACTION REQUESTED.
Approval of this amendment would allow IPL to maximize the value of its dark fiber
while giving the City reasonable control over how it is utilized within the City of
Dubuque. We would respectfully request your review and would ask that you forward
this information to the Dubuque City Council for approval as an amendment to the
existing Master Agreement. Thank you.
CC Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Chris Kohlmann, IS Manager
8th AMENDMENT
TO
MASTER CO-LOCATION AND SHARED SERVICES AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
INTERSTATE POWER AND LIGHT COMPANY
This Amendment is made this 30th day of January, 2023 by and between the City
of Dubuque, Iowa (City) and Interstate Power and Light Company (IPL), the parties to
a Master Co-Location and Shared Services Agreement dated the 6th day of April,
2020, and designated as Contract No. 53385 (the “Agreement”).
The Agreement is amended as follows:
1.By adding the following new Fourth Recital:
•Both IPL and CITY desire to facilitate the expansion of broadband access to
underserved areas within the IPL territory, and particularly those in the Greater
Dubuque region.
2. Amending Section 1, by adding the following new third sentence:
IPL may lease, license or otherwise provide to a third party dark fiber contained
within the conduit system located within the City limits, for the purpose of that
third party providing broadband service within the City, provided both parties
execute a supplemental Exhibit in the form of Exhibit D- 2 of this Agreement. To
the extent that a lease, license or other provision of dark fiber to a third party is
for transit through the City only and does not intend to allow the third party to use
such dark fiber to provide services within the City, a supplemental Exhibit in the
form of Exhibit D- 2 shall not be required, nor shall the City object to such
provision for transit through the City only.
3.By adding new Exhibit D-2.
CITY OF DUBUQUE, IOWA IOWA POWER AND LIGHT COMPANY
By: ______________________ By: ______________________
Michael Van Milligen, Lucas Pechacek
City Manager Senior Manager – Programs
Dated: Dated:
Lucas Pechacek
1/26/202302/07/2023
EXHIBIT D-2
PROJECT STATEMENT: Sharing Agreement # _____ between Interstate Power and
Light Company and City of Dubuque
Pursuant to the Master Co-location and Shared Services Agreement between the City
and IPL, dated ____________________________ and attached hereto, the Parties
hereby agree to the following:
IPL may lease, license or otherwise provide to _____________ (“Third Party”) dark fiber
contained within the conduit system located within the City limits provided such Third
Party complies with all City requirements for the providing of broadband services in the
City after approval of City and prior to providing such services.
Third Party intends to use such dark fiber within the Dubuque City limits as follows:
Third Party’s use of such dark fiber is reasonable considering the following:
Project Statement accepted:
CITY OF DUBUQUE, IOWA IOWA POWER AND LIGHT
COMPANY
By: ______________________ By: ______________________
Michael Van Milligen,
City Manager
Dated: Dated:
02/07/2023