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Communication and Utility Services 31 3.1.3 Rights Regarding Resale To maintain additional control over its own infrastructure, a sponsor should prohibit the re- sale of any service obtained through a fiber lease. Airports may also find they can share internet service with tenants, thereby reducing airport costs of paying for that service from an internet service provider. The agreement for this sort of service is relatively straightforward. Contract language should clearly state what is provided (generally, access to the internet through the sponsor's system), the price for this access, and a start-up fee, if applicable. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for language based on the PIT agreement, which provides model ISP contract language to be included. 3.1.4 Firewall and Virus Protection Because the sponsor is permitting an outside user to access its internet, and thereby portions of its network, the sponsor is exposing itself to the outside. Online crime is a real possibility with- out sufficient protection, so it is important to require users to enable adequate protection and to recover costs if a user fails to implement protection. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for an example of internet service terms in the PIT agreement. 3.2 Critical Issues--Distributed Antenna Systems The growth of wireless technology in the last two decades has created opportunities for airports to enhance the customer experience through the addition of distributed antenna systems (DAS). These systems also provide opportunities for revenue generation. In implementing a DAS, how- ever, various issues must be addressed to ensure a positive relationship between the provider and the sponsor. Critical issues in distributed antenna systems include the following: · Definition of objectives · Designated premises · Limitations on advertising · Right to relocate · Specification of services · Rent escalation provisions · Maintenance responsibilities · Ownership of equipment · Airport obstructions compliance 3.2.1 Definition of Objectives When contracting for a DAS, there are objectives implied that the sponsor hopes to achieve through the contract. They are not "requirements" per se, and the tendency would be to exclude them from contract documentation. However, including them can provide the spon- sor with additional documentation to support the initiation or discontinuation of a particu- lar activity.
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32 Guidebook for Developing and Managing Airport Contracts See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for the LAS technical services concession contract description of services to be provided in connec- tion with a distributed antenna system. 3.2.2 Designated Premises Because of the uncertainty regarding the final locations of antennae and other equipment, LAS is very specific regarding the creation of an exhibit, which identifies the designated premises. The detailed process of creating this exhibit ensures accuracy and allows the sponsor to make sure that space shared with other users is identified as such. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for a description of exhibit creation as detailed by the LAS agreement. 3.2.3 Limitations on Advertising The LAS DAS agreement protects the sponsor from users that implement advertising on or around its equipment without permission. Distinction is made regarding the difference between advertising for itself or for third parties, with the sponsor maintaining the right to charge for third- party advertising according to its accepted rate schedule. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for details on the LAS contract language pertaining to advertising component charges for third parties. 3.2.4 Right to Relocate As with most types of agreements where the tenant or user installs equipment, an airport spon- sor must retain the right to relocate this equipment. It is particularly interesting that in the case of LAS, the cost of any said relocation is to be borne by the tenant. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for the LAS agreement which includes language that explicitly states Clark County's right to relo- cate any portion of the premises for the purpose of accommodating airport expansion, develop- ment, etc. 3.2.5 Specification of Services The activities required of a DAS concessionaire are more complex than may be realized by many. LAS is careful to state the specific requirements of the concessionaire to ensure all desired activi- ties are provided. A section is dedicated to the administrative tasks required, and another to scoping the actual services. Included among the administrative functions are managing the RF environment, recommending technical standards, maintaining a system frequencies database, providing interference studies and resolutions, attending meetings concerning RF issues, and pro- viding regular updates on various issues. The scope of services should consider up-and-coming technologies and services to incorporate as a way to address airport user needs. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for an RFP by the LAS detailing administrative task proposals as well as scope of services propos- als as they relate to the concessionaire. 3.2.6 Rent Escalation Provisions Airport sponsors should, wherever possible, insist on provisions that permit rent increases in reasonable increments. This is especially important in the fields of wireless and communications