HomeMy WebLinkAboutAgenda - 03-07-2019 6-a - Broadband Initiatives Update and Approval of Proposed Agreement with Open Broadband for Wireless Broadband Appurtenances on County Facilities 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 7, 2019
Action Agenda
Item No. 6-a
SUBJECT: Broadband Initiatives Update and Approval of Proposed Agreement with Open
Broadband for Wireless Broadband Appurtenances on County Facilities
DEPARTMENT: Information Technologies
ATTACHMENT(S): INFORMATION CONTACT:
Service Area Map Jim Northrup, Chief Information Officer,
Tower Antenna Agreement (Equipment 919-245-2276
Specifications Included)
PURPOSE: To:
1) receive an update on the County's current broadband initiatives and a timeline of relevant
events; and
2) approve and authorize the Manager to sign the attached agreement thereby allowing
Open Broadband, LLC no cost access to County facilities for the purpose of appropriately
attaching equipment in order to provide broadband services to rural Orange County
residents.
BACKGROUND:
BROADBAND INITIATIVES UPDATE
Since 2014, Orange County Information Technologies (IT) has been tasked with working toward
improving broadband technology for Orange County residents. Many of the tasks below were
accomplished through collaboration with residents, business partners, State and local
representatives, government agencies, and towns.
Orange County IT has been administering the Open Broadband contract with an eye toward
first customer sign ups in April-May of 2019. Some of the key deliverables from now till then:
o continue reviewing Open Broadband Project financials (County)
o negotiating tower agreements (Hillsborough / Open Broadband)
o negotiating tower agreements (Orange County / Open Broadband)
o field verification of Open Broadband equipment purchases and configurations
The largest current initiative currently underway is the $500,000 Broadband Initiative, whereby
the County sought Request for Proposals (RFP) from Internet Service Providers (ISPs) on how
to improve broadband in both unserved and underserved areas in Orange County. The
Request for Proposals was released in January of 2018. The intent was to find a vendor that
could improve broadband speed and services in the rural areas of the County.
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A larger initiative in terms of dollars, but at this time only tangentially related to broadband, is the
County's Fiber Project Phase 1. Currently, the County is partnering with the Town of
Hillsborough in order to reduce costs for both parties. The County and Town are currently in the
process of vendor selection after successfully releasing an RFP in November 2017. Phase 1
was funded in Fiscal Year 2017-18, and Phases 2 & 3 are planned in upcoming fiscal years.
Once complete, this project will connect County buildings from Cedar Grove to Carrboro and
have fiber running east-west along the Highway 70 corridor connecting from the Efland Cheeks
Community Center to points close to the Durham County line. The excess dark fiber will be
available to other organizations and individuals outside of Orange County Government for both
broadband and economic development purposes. This project is currently waiting for Town of
Hillsborough Board of Commissioners approval.
County IT staff has also attended and presented at multiple community meetings. Orange
County IT attended and presented at the Schley Grange along with Internet Service Providers
and State representatives, including NC House Representative Graig Meyer.
Information Technologies has also been acting as a clearinghouse for all resident broadband
service issue concerns. Typically, staff responds to every Orange County resident email and call
personally and tries to facilitate solutions between residents and ISPs while at the same time
setting realistic expectations. Often this is simply a matter of connecting residents with the right
person in the ISP's organization and, after making introductions, checking back in to ensure that
all parties are communicating effectively.
Timeline of Relevant Events Past, Present and Future (Reverse Chronological Order)
• October 2021 — A 36-month pilot project will be complete and the Manager and staff will
offer a final report to the Board
• September 2019 — Potential Phase 2 start date.
• May - July 2019 — Verification of service across the entire Phase 1 area. Customers will
be getting signed up and service delivered.
• April 2019 — First Phase 1 customer will be signed up proving that initial equipment setup
is working
• February 2019 — Manager requests Board approval for Open Broadband tower
agreement
• October 2018 — Contract with Open Broadband was executed and the six-month clock to
sign up the first customer and have them working begins.
• September 2018 — Board approved awarding grant funds to Open Broadband.
• May 2018 — RFP is advertised as per the County Attorney's recommendation.
• March 2018 — RFP vendor(s) selection commences
• January 2018 — Broadband RFP closes and vendor interviews commence
• November 2017 — County solicits Broadband Request for Proposals (RFP)
• June 2017 — $500k for broadband incentives approved in County budget
• Late 2016 — County works with Representative Graig Meyer to set meeting with
CenturyLink. This meeting paved the way for CenturyLink to provide budgetary numbers
for improving broadband in its service area and those numbers were used as a base
number for the FY 2017-18 $500,000 Broadband Incentive.
• September - December 2016 — IT met with Federal Engineering and Emergency
Services to discuss the positive impact proposed telecommunications towers may have
on broadband services in rural Orange County. It was requested at that meeting that
approximately 15' of vertical strata be reserved for placement of 3rd party wireless
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broadband equipment on any new towers to be constructed by Orange County.
Discussions also included how both the County's telecommunication and fiber plans have
synergies that may decrease long range costs and offer a more secure and reliable fiber
connection to each proposed tower location.
• July 2016 — Former Governor Pat McCrory released the NC broadband strategy report.
No funding identified within this report for broadband improvements.
• May 2016 — The County's public network buildout was completed in downtown
Hillsborough and all County-occupied buildings.
• March 2016 —WiFi-to-Go pilot began via collaboration by IT and the County Library.
• March 2016 — The State assisted Orange County with identifying vertical assets -
understanding the location and availability of county-wide vertical assets is important to
businesses that want to bring wireless internet services into Orange County.
• December 2015 — An ISP meeting on State/County collaboration occurred.
• Late 2015 — The Orange Public + Education Network (OPEN) formed to foster
collaboration and cost-sharing among Orange County and its municipalities.
• August 2015 — The County's Broadband Survey closed.
• June 2015 — The County's Broadband Survey was released.
• April 2015 — The Broadband Initiative resident group was formed.
• November 2014 — The Manager directed County staff to make a concerted effort to
engage residents in broadband discussions.
• June 2014 — January 2016 — Orange County leveraged its relationship with Time
Warner resulting in Time Warner extending its wireless hotspots network throughout
downtown Hillsborough and into Fairview and Cedar Grove Parks. Prior to the County's
contact, Time Warner reported it was only going to deliver hotspot services to Durham
and Chapel Hill. This service allows any individual to connect wirelessly throughout
downtown Hillsborough and the parks for free.
• 2011 — North Carolina House Bill 129 barred governments from using public funds to
become Internet Service Providers.
• 2010 — The Federal Communications Commission (FCC) publishes its National
Broadband Plan.
• 2010 — MCNC (Microelectronics Center of North Carolina) awarded federal funds for
middle-mile network in rural NC.
• 2009 — The US Recovery and Reinvestment Act stimulus bill included a provision to
make loans to states for the purpose of broadband.
PROPOSED AGREEMENT WITH OPEN BROADBAND
In Fiscal Year 2018 funds were budgeted to create a scalable broadband solution to foster
innovation, drive job creation, stimulate economic growth, and serve new areas of development
in the community and also to provide a flexible menu of retail services that offers new or
enhanced service to rural Orange County residents.
In Fiscal Year 2019 Open Broadband, LLC and Orange County entered into a public-private
partnership to provide broadband Internet services to residents in the rural areas of Orange
County.
The attached agreement works toward those purposes by continuing to partner with Open
Broadband by allowing them to place communications equipment on a vertical assets owned by
Orange County, i.e., the communications tower at 510 Meadowlands. This agreement will have
a 36-month duration in an effort to co-term it with the larger Open Broadband three-year pilot
project currently underway. Prior to renewal, and similar to the pilot project, it will be re-
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evaluated for economic viability with no obligation for continued County support beyond what is
stated in the attached agreement.
FINANCIAL IMPACT: There is no financial impact associated with receiving the broadband
update.
Regarding the agreement, Open Broadband will be assuming equipment and installation costs,
and Orange County will be providing no cost access to the vertical assets around the County for
the duration of this agreement. It should be noted that the Open Broadband equipment and
installation cost ultimately are made possible by the initial broadband funding offered by the
County.
SOCIAL JUSTICE IMPACT: Broadband improvements and the resulting services available to
residents do impact the social justice. The update only serves to inform the Board on said
improvements.
The following Orange County Social Justice Goals are applicable to approval of the proposed
agreement:
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
INEQUITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender or sexual orientation; national origin or
ethnic background; age; military service; disability; and familial, residential or economic
status.
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
The County seeks to promote an interactive and engaging system of governance that reflects
community values by expanding internet access through County hotspots or incentives to
private parties.
The proposal before the Board is part of the overall effort to make available affordable access
for rural Orange County residents to broadband and Internet technology, augment existing and
create new rural economic development, increase residents' IT skills, and foment the creation
and consumption of relevant web-based content and services where there was none before; i.e.,
address digital inclusion and digital divide issues in Orange County.
RECOMMENDATION(S): The Manager recommends that the Board:
1) receive an update on the County's current broadband initiatives and a timeline of relevant
events; and
2) approve and authorize the Manager to sign the attached agreement thereby allowing
Open Broadband, LLC no cost access to County facilities for the purpose of appropriately
attaching equipment in order to provide broadband services to rural Orange County
residents.
Service Area Map Attachment 1
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Site 10
I Service Area Address Count
-- j Site 1, 2 and 3 2,342
Site 10 331
Total Residential
Address Points 2,673
4,937 Address Points (Unserved and Underserved Areas) N 1 in=3 miles
ORANGE Miles
� Proposed Wireless Service Areas COUNTY A o z
Orange County Planning and Inspection
• Test Sites BC 8/24/2018
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[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
TOWER ANTENNA AGREEMENT
ORANGE COUNTY
This Tower Antenna Agreement (hereinafter "Agreement"), made and entered into this
seventh day of March, 2019, ("Effective Date") by and between Orange County, North Carolina a
political subdivision of the State of North Carolina (hereinafter, the "County") and Open
Broadband, LLC, organized and existing under the laws of the State of North Carolina (hereinafter,
the "Provider").
WITNESSETH:
The term "Tower" is defined as a structure that may stand apart from or be attached to another
building or structure. Examples include radio towers, cell towers, television towers, building
rooftops, and water towers.
WHEREAS, the County owns towers suitable for placement of fixed-wireless antennas to provide
high-speed internet service; and
WHEREAS, Provider desired to install, remove, replace, maintain, and operate at its expense, a
wireless broadband service system facility, including mounting antennas on the towers and a
weather utility service box approximately 2' x 3' to house the communications service system
fixtures and equipment (or equivalent space provided by County), and necessary appurtenances;
and in consideration of the provisions, terms, conditions and covenants contained herein, the
County and Provider do mutually covenant and agree as follows:
1. Antenna Space and Cabling. County hereby agrees to provide space on its towers for fixed
wireless antennas and mounts at locations to be selected by Provider so long as they do not cause
issues with tower loading or wind shear, and do not interfere with the openings to the tower,
ladders, braces, paint removal, or painting of the tower and is in full compliance with all state
and/or federals laws or the rules and regulations of any agency or instrumentality thereof. As
required, County also agrees to allow Provider to attach outdoor Ethernet cable to the tower to
connect the antennas to electronics located at or near the tower. Provider is responsible for all
installation and maintenance costs of their equipment, and will work in good faith with the
County for agreeable placement locations and design.
2. Electronics and Power. County hereby grants access to Provider to place electronics at a suitable
location near the tower. This may be an outdoor utility box (purchased, installed, and mainttained
by Provider), or a small amount of rack space in an existing room owned by the County. County
will either provide a 120-volt AC power socket for the minimal power draw of the antennas, or
allow Provider to install a small solar panel and batteries to supply power. There is not an
additional fee for the use of the power. Power consumption will be minimal with use in the range
of 1-2 amps.
OC Tower Agreement 1.0
7
3. Term. The term of this agreement (the "Initial Term") is three (3) years, beginning on the
Effective Date. This agreement shall be automatically renewed for one additional five (5) year
period (the "Renewal Term"), unless Provider or County provides notice of intention not to renew
not less than sixty(60) days prior to the expiration of the Initial Term or any Renewal Term.
4. Rent. Both parties agree that the deployment of fixed wireless internet is an economic
development benefit to the community to retain and attract jobs, helps close the `homework gap'
for local residents with children desiring affordable home broadband internet, and will result in
new property tax collections for the county/town.
It is understood that tower space is a requirement in order for Provider to provide high- speed
internet service to the community. In return for Provider making a private investment in equipment
in Orange County in furtherance of an agreement between the parties to provide Broadband
Service to Unserved Areas, the County agrees to make a non-monetary contribution to this
investment by providing Tower space to Provider at no charge. This is a valuable consideration,
and is valid only as long as Provider has made the equipment investment and is providing high-
speed internet service in the community.
Initial Tower Locations:
-Orange County EOC, 510 Meadowlands Dr., Hillsborough, NC 2 72 78 (tower location,
details in Attachment 1)
5. Title and Quiet Possession. The County represents and agrees (a) that it is the owner of the sites,
(b) that it has the right to enter into this agreement, (c) that the person signing this agreement has
the authority to sign, (d) that Provider is entitled to access the sites on either an escorted basis, or
independent basis, as determined by the County. Access includes inside any security fence or area
throughout the terms of the agreement so long as Provider is not in default of this agreement.
6. Installation. In no event shall Provider pierce or drill into the exterior of a water tower. Provider
agrees that it will provide the County a written proposal addressing the installation of antenna and
that such proposal shall be approved by the County and their representative prior to installation.
Each approved proposal will be added as an Attachment to this Tower Antenna Agreement.
7. Interference. Provider will resolve any technical problems with other equipment located at the
sites on the installation date.
8. Maintenance of Area. Provider shall make no alterations to the tower or related facilities which
will compromise or impair the integrity of the structure. Provider shall exercise special precaution
to avoid damaging the facilities of the County, and Provider hereby assumes all responsibility for
any and all loss or such damage created by Provider, its employees or agents. Provider agrees to
make an immediate report to the County of any installation and maintenance of Provider's
facilities. General tower maintenance (painting, etc.) is the responsibility of the County. The
County shall not move, disconnect or adjust, in any way, Provider's equipment without giving
reasonable opportunity for the supervision of a Provider representative on site. Provider
acknowledges and agrees that it shall be responsible for moving or protecting its equipment
during any repairs or renovations to the tower and the County shall incur no liability to Provider
for any injury, expense, or claim incurred by Provider during any such repair or renovation.
OC Tower Agreement 1.0
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9. Indemnity. Provider shall carry insurance to indemnify, protect, and save harmless the County
from any and all claims and demands for damages to property and injury to or death of persons,
including payments made under any Workers' Compensation Laws, or under any plan for
employee's disability and death benefits which may arise out of or be caused by the erection,
maintenance, presence, use or removal of Provider antennas, cable, equipment and necessary
appurtenances at the tower site. Provider shall also indemnify, protect, and save harmless the
County from any and all claims and demands of whatsoever kind which may arise directly or
indirectly from the operations of Provider's facilities, including by not limited to taxes, special
charges by others, claims and demands for damages or less for infringement of copyrights, libel
and slander, unauthorized use of frequencies, etc.
10. Termination. Either party may terminate this lease upon ten(10) days notice.
11. Hazardous Substance. Provider shall not introduce or use any such substance on the site in
violation of any applicable law. Provider understands that if the County needs to remove the old
paint and repaint the tower and the old paint contains sufficient levels of lead that it will require
special handling and containment in its removal. Provider agrees to cooperate fully with the
County in whatever steps are necessary for the removal of the old paint and the repainting of the
tower. Provider agrees to hold the County harmless of any interruption of service or possible
damage of their equipment during this process.
12. Miscellaneous. (a) This agreement applies to and binds the heirs, successors, executors,
administrators and assigns of the parties to this agreement; (b) this agreement is governed by the
laws of the State of North Carolina; (c) this agreement constitutes the entire agreement between
the parties and supersedes all prior written and verbal agreements, representations, promises or
understandings between the parties. Any amendments to this agreement must be in writing and
executed by both parties; (d) if any provision of this agreement is invalid or unenforceable with
respect to any party, the remainder of this agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable will not be affected and
each provision of this agreement will be valid and enforceable to the fullest extent permitted by
law.
13. Waiver. The failure of the County to require compliance by the Provider with any
provisions of this Agreement or the waiver by the County of any breach of this Agreement shall
not constitute a waiver of any claim for damages by the County for any breach of this
Agreement or a waiver of any other required compliance with this Agreement.
14. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
15. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this Agreement
shall be brought in the General Court of Justice of North Carolina sitting in Orange County,
North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue
with respect to such suits or actions. Binding arbitration may not be initiated by either Party,
however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of
OC Tower Agreement 1.0
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such suit or action.
16. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written instrument
signed by both parties. Modifications may be evidenced by facsimile signatures.
17. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties.
18. Insurance. Provider will maintain General Liability and Umbrella insurance coverage, a
copy of which will be provided to the County. Provider will also maintain Workers
Compensation Insurance, and will provide a copy of insurance to the County prior to
performing any work.
19. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of the
Parties to utilize electronic signatures and the intent of the Parties to comply with Article I IA
and Article 40 of North Carolina General Statute Chapter 66.
20. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider's Name
Attention:
P.O. Box 8181
Hillsborough,NC 27278
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: By:
County Manager
Printed Name and Title
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Attachment 1
Equipment Specifications
Tower Name Orange County EOC
Lat/Long or Address 510 Meadowlands Dr., Hillsborough NC 27278
Tower Owner Orange County NC
Height on Tower requested (ft) 100
Cable attachment method Wire wrapped to leg of tower every 3 ft.
Antenna attachment method A clamped standoff to an 8 ft mast
Space needed at base of tower 3 ft by 3 ft NEMA outdoor enclosure
Total Power draw at base of tower 200 watts
Method of internet feed Fiber circuit from CenturyLink
Facility access requested 240
Radio/Antenna Ubiquiti AF-11X for P2P
Type 1: wireless backhaul
Frequency 11 GHz
Link to product spec
sheet: https://dl.ubnt.com/datasheets/airfiber/airFiber AF-11FX DS.pdf
Quantity for initial
install 3
Weight per unit 5 lb
Physical
dimensions/unit 12.87 x 4.41 x 3.39"
Power Draw 36W max
Associated
antenna for
Type 1 Ubiquiti AF-11G35
Link to antenna spec https://dl.ubnt.com/datasheets/airfiber/airFiber AF-11G35 DS.pdf
Quantity for initial
install 3
Weight per unit 26.12 lb (including mount)
Physical
dimensions/unit 31.9 x 18.1"
Wind load rating/unit 346 Ibf @125 mph
Baicells NOVA R9
3.5GHZ 1W(BAND
Radio Type 2: 42/43)
Frequency 3.65 GHz
Link to radio spec
sheet: https://www.ispsupplies.com/core/media/media.nl?id=917297&c=393682&h=bldlf627bflddea534f7
Quantity for initial
install 3
Weight per unit 8.8 Ibs
Physical
dimensions/unit 13"x 8 1/2"x 4 1/8"
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Power Draw <65W
Associated
antenna for Alpha Wireless Omni
Type 2 Antenna
Link to antenna spec https://www.balticnetworks.com/docs/AW3089DataSheet-1.pdf
Quantity for initial
install 3
Weight per unit 13.2 (with mount)
Physical
dimensions/unit 37.3 x 6.6"
Wind load rating/unit load 300N, max speed 125mph
Radio Type 3 Ubiquiti Rocket 5GHz
Frequency 5 GHz
Link to radio spec
sheet: https://dl.ubnt.com/datasheets/RocketAC/Rocket5ac DS.pdf
Quantity for initial
install 3
Weight per unit 8.81 oz
Physical
dimensions/unit 6.38 x 3.31 x 1.46"
Power Draw 8.5W max
Associated
antennas for RF Elements Horn with https:Hrfelements.com/products/wireless-broadband/symmetrical-horn-gen2/symmetrical-horn-tp-
Type 3 Adaptor antenna-2/
RF Elements TwistPort https://rfelements.com/products/wireless-broadband/twistport-adaptor-for-routerboard-
Adaptor gen2/twistport-adaptor-2/
Link to antenna spec https://rfelements.com/assets/Uploads/HG3-TP-S30-Datasheet.pdf
Quantity for initial
install 3
Weight per unit 4.1 Ibs
Physical
dimensions/unit 13.6 x 8.6 x 11.2 in.
Wind load rating/unit 44 N @ 100 mph
IgniteNet Metrol-inq 60
Radio Type 4 PTMP
Frequency Dual band 60 Ghz and 5 GHz
Link to radio spec
sheet: https://www.ignitenet.com/wireless-backhaul/ml-2.5g-60-bf-sector/
Quantity for initial
install 1
Weight per unit 4.41 lb with mount
Physical
dimensions/unit 7.48 x 7.48 x 2.36 in.
Wind load rating/unit max speed 125 mph
Power Draw 48W max