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A. The primary purpose of the city’s municipal fiber network infrastructure is to provide communication services to end users within its service area.

The city’s fiber service area is the entirety of Fidalgo Island.

B. The city may enter into leases for the provision of dark fiber services subject to the following restrictions:

1. The city may not lease substantial portions of the network.

2. The city may only enter into agreements for dark fiber service that provide:

a. Connectivity for parties that do not provide communication services within the city’s service area; or

b. Connectivity between an outside communications service provider’s point of network presence and:

i. Another of that outside service provider’s points of network presence, or

ii. That outside service provider’s local customer, or

iii. Another outside communications service provider’s point of network presence.

3. The city may only enter into dark fiber leases using excess network capacity not necessary for the city’s current or planned provision of residential and commercial fiber services. Network capacity will be determined by the Director of the Department overseeing fiber in his or her sole discretion.

C. The city may not enter into any lease for dark fiber services that is inconsistent with this section.

D. Any dark fiber lease entered into pursuant to this section must comply with Chapter 1.30 AMC. (Ord. 3079 § 1 (Att. A), 2020)