AUTHORIZATION FOR EXECUTION OF USE AGREEMENT WITH EXTENET SYSTEMS, INC. FOR CONSTRUCTION AND INSTALLATION OF CONDUIT, FIBER AND NODE FACILITIES IN THE PUBLIC WAYS AND FOR THE EXECUTION OF AN INDEFEASIBLE RIGHT OF USE AGREEMENT WITH EXTENET SYSTEMS, INC. GRANTING THE CITY THE PERPETUAL USE OF ONE HUNDRED AND FORTY-FOUR DEDICATED SINGLE MODE STRANDS OF FIBER OPTIC CABLE
WHEREAS, The City of Chicago (the "City") as a home rule unit under Article VII, Section 6 of the Constitution of the State of Illinois "may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, The City wishes to encourage the development of high speed communications facilities throughout the City; and
WHEREAS, ExteNet Systems, Inc. is a Delaware corporation holding a Certificate of Public Convenience and Necessity issued by the Illinois Commerce Commission to provide' telecommunications ("Grantee"); and
WHEREAS, Grantee is in the business of providing point-to-point signal transport services and telecommunications facilities for use by telecommunications retail carriers who in turn primarily provide wireless telecommunications services to consumers and businesses at the retail level (the "Wireless Carriers"); and
WHEREAS, Grantee desires to construct and install by open/cut trench or other City of Chicago Department of Transportation ("CDOT) approved methods in, under and over the public way six (6) distinct telecommunications networks each of which consist of an aerial cable path (collectively the "Aerial Path") and five (5) of which also consist of an underground conduit path (collectively the "Underground Path" and together with the Aerial Path, the "Conduit and Cable Paths") in certain portions of the City, as further set forth in the Plans (as hereinafter defined); and
WHEREAS, the Underground Path will consist of three (3) one and one-quarter (1 [A) inch innerducts and the Aerial Path will consist of one (1) cable of the standard size to acco...
Click here for full text