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Supporting State Legislation Authorizing the Licensing of County-Owned Fiber-Optics Infrastructure to Private Entities
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WHEREAS, Kane County installed fiber optics cables in the County to serve its high-speed internet needs throughout the County;
WHEREAS, the County utilized some of the cable strands to its needs while other strands were in excess and not used by the County;
WHEREAS, the State of Illinois previously empowered the County to lease its broadband infrastructure through a specific statute: Any municipality or county may undertake local broadband projects and the provision of services in connection therewith; may lease infrastructure that it owns or controls; may aggregate customers or demand for broadband services; may apply for and receive funds or technical assistance to undertake such projects to address the level of broadband access available to its businesses and residents. To the extent that it seeks to serve as a retail provider of telecommunications services, the municipality or county shall be required to obtain appropriate certification from the Illinois Commerce Commission as a telecommunications carrier. (20 ILCS 661/35)
WHEREAS, the County entered into agreements with private entities to license out its unused or excess fiber optic cable infrastructure;
WHEREAS, the enabling Act was repealed in 2019;
WHEREAS, Kane County has received offers to enter into agreements with private entities who want to utilize the County’s fiber optic infrastructure;
WHEREAS, the fiber optics infrastructure is essential to provide high speed broadband internet worldwide, it serves the interstate commerce;
WHEREAS, the Illinois General Assembly has enacted policy and legislation that expresses the importance of providing telecommunication services and broadband internet to all Illinois citizens;
WHEREAS, the County has invested County funds in designing and installing the fiber optics infrastructure;
WHEREAS, it is possible that residents in Kane County who do not already have access to the high-speed internet may get access thru a private entity that licenses the excess capacity of the County’s fiber optics infrastructure and retails it in the area;
NOW, THEREFORE, BE IT RESOLVED that the Kane County Board calls for State legislation that would enable Kane County to license out excess segments of its fiber optics infrastructure to private entities.
Passed by the Kane County Board on August 8, 2023.
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John A. Cunningham, MBA, J.D. Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
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