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ACRP Report 33: Guidebook for Developing and Managing Airport Contracts (2011)
Airport Cooperative Research Program (ACRP)

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Oever, Kent Vanden, Gittens, Angela, Warner-Dooley, Susan, Zaslov, Alexander, Tremont, Helen, Snipes, Tess, Hoerter, Sam, Transportation Research Board. "3.1 Critical Issues - Fiber, Cable, and Internet." ACRP Report 33: Guidebook for Developing and Managing Airport Contracts. Washington, DC: The National Academies Press, 2011.

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Front Matter (R1-R9)
1.1 Length of Term (1-1)
1.2 Control of Space (2-2)
1.4 Ability to Accommodate New Entrants and Growing Incumbents (3-3)
1.6 Treatment of Alliances (4-4)
1.8 Privileges Granted (5-5)
1.11 Reporting of Activity (6-6)
1.12 Form and Amount of Payment Security (7-7)
1.13 Insurance (8-8)
1.14 Assignments and Subletting (9-9)
1.16 Rate Making (10-10)
1.17 Billing, Payments and Adjustments (11-11)
1.19 MII Approval for Capital Projects; Formula for MII Calculation (12-13)
1.20 Bankruptcy Provisions (14-14)
2.1 Financial Terms (15-18)
2.2 Service and Operational Terms (19-19)
2.3 Food and Beverage Concessions (20-23)
2.6 Parking (24-24)
2.7 Rental Cars (25-29)
3.1 Critical Issues - Fiber, Cable, and Internet (30-30)
3.2 Critical Issues - Distributed Antenna Systems (31-32)
3.3 Critical Issues - Telephone Service to Airport Sponsor (33-35)
3.4 Critical Issues - Utility Leases or Easements (36-37)
4.1 Minimum Standards (38-38)
4.2 Critical Issues - Fixed-Base Operators (39-41)
4.3 Critical Issues - Hangar Leases (42-42)
4.4 Through-the-Fence Arrangements (43-43)
5.1 Trends in Ground Transportation Agreements (44-45)
5.3 Critical Issues in Ground Transportation (46-48)
6.3 Critical Issues in Contracting Services (49-52)
7.1 Critical Issues in Professional Services Agreements (53-55)
7.2 Selection Process (56-56)
8.1 Best Practices in Bid/RFP/RFQ Process (57-62)
8.2 Proposal Evaluations (63-63)
8.3 Best Practices Specific to Bid Processes (64-65)
9.1 Key Factors for Success in Airport Commercial Land Development (66-68)
9.3 FAA Compliance (69-70)
10.2 Term (71-71)
10.7 Compensation (72-72)
10.9 Reporting (73-73)
11.2 Public Art (74-74)
Abbreviations used without definitions in TRB publications (75-75)

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OCR for page 30
CHAPTER 3 Communication and Utility Services Communication services are those that relate to public telephones, administration tele- phones, wireless, internet, antennas, and fiber leases. The agreements can cover construction and/or installation, operations, or management, or can be concession agreements related to business ventures that rely on these products and services. Utilities for use on-airport are typi- cally not governed by a contract; however, easements for utility pipes, conduits, lines, and poles are sometimes granted. The critical issues associated with these types of contracts are discussed below. 3.1 Critical Issues--Fiber, Cable, and Internet Airports often enter into contracts with tenants or other users that result in a sharing of infra- structure or services. As it relates to communications or utilities, these contracts may pertain to the sharing of fiber already run through an airport building, internet access that an airport can legally share with or sell to others, wireless systems and or distributed antennae systems, telephone ser- vice, or utility easements. Critical issues include the following: · Rate methodology for recovery of costs · Limits of liability · Rights regarding resale · Firewall and virus protection 3.1.1 Rate Methodology for Recovery of Costs An airport may choose to lease all or part of its fiber network to a user. In doing so, it is important to establish a rate proportionate to the amount of fiber leased (e.g., a rate per linear foot of fiber). See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for an excerpt from the PIT agreement providing examples of linear rates. 3.1.2 Limits of Liability In allowing a user access to the airport's infrastructure, it is critical that sponsors protect them- selves from claims of liability that pertain to elements of the service they cannot influence. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for an excerpt from the PIT fiber lease agreement which provides that the Authority shall not be liable for damages arising out of or relating to the agreement. 30