city of San Antonio

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File #: 14-2485   
Type: Misc - Interlocal Agreement
In control: City Council A Session
On agenda: 10/30/2014
Posting Language: An Ordinance approving an agreement with CPS Energy for permanent access to high-speed communications broadband lines. [Ben Gorzell, Chief Financial Officer; Hugh Miller, Director, Information Technology Services]
Attachments: 1. Agreement CPS - RUA.pdf, 2. Draft Ordinance, 3. Ordinance 2014-10-30-0834




Indefeasible Right of Use Agreement between the City of San Antonio and CPS Energy


ITSD and CPS Energy have completed negotiations of an Indefeasible Right of Use Agreement (IRU Agreement) under which the City will have the permanent and irrevocable right to use excess dark fiber throughout San Antonio that connects present and future CPS Energy substations. The IRU Agreement will allow ITSD to enter into substantive discussions with other governmental and educational entities in the community with the goal of extending the benefits of the City's fiber network (COSANet) to other potential public partners.


In 2007, the City executed a memorandum of understanding (MOU) with CPS Energy, which was approved by the City Council by Ordinance No. 2007-06-21-0714. Under the MOU, the City and CPS Energy agreed to cooperate in the development of a joint high-speed communications wide area network. Among other issues, the MOU gave the City access to four strands of excess dark fiber throughout the CPS Energy electric distribution system. The dark fiber gave the City for the first time the ability to develop a citywide fiber network (COSANet) by connecting City facilities with CPS Energy dark fiber. The MOU also established a governance structure for planning the connection of City facilities to the CPS Energy dark fiber.

In 2012, city officials called for expanding the broadband benefits of COSANet to other governmental and educational entities in the community. But there was an impediment to achieving this goal. Under the MOU, the City did not have the permanent right to the dark fiber - CPS Energy reserved the authority to withdraw the fiber. The IRU Agreement addresses this concern by granting the City the permanent and irrevocable right to use excess dark fiber at no cost, and increases the num...

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