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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