Client: OpenCape Corporation
- Formed in 2006 and incorporated as a non-profit 501(c)(3) in 2008, OpenCape was created to conduct analysis, develop plans and engineer and develop solutions to the lack of broadband options and capacity in Cape Cod.
- OpenCape was awarded a $32 million Broadband Technology Opportunity Program (BTOP) grant by the National Telecommunications and Information Administration (NTIA) from American Recovery and Reinvestment Act (ARRA) stimulus funds on February 28, 2010.
- The $32 million BTOP grant combined with matching funds totaling $8 million from the Commonwealth of Massachusetts, private construction/operating partner(s), and Barnstable County, will be used to construct a comprehensive middle mile communications network to support the economic, educational, public safety and governmental needs of the southeast Massachusetts region.
- The Project includes the construction of a core fiber backbone on Cape Cod with extensions to two major regional network connection centers in Providence and Brockton, numerous fiber optic laterals extending off of the backbone to anchor institutions (emergency shelters, schools, libraries, colleges, research facilities, town halls and public safety buildings), a high capacity optical transport system, a public safety backup microwave radio overlay that includes Martha’s Vineyard, and a Regional Collocation Center. These three elements combine to provide a robust, high capacity communications infrastructure for the region.
- Obtaining the necessary underlying rights for over 300 miles of fiber optic cables and microwave installations on 12 municipal and privately-owned towers within the short timeframe provided for the use of ARRA funds.
- Draft and negotiate construction contracts with the general contractor and the contractor building out the Regional Collocation Center as well as professional service agreements with consultants.
- Draft and negotiate Indefeasible Right to Use Agreements and Operating Agreements.
- Draft and negotiate underlying rights for the Project, including leases and licenses with the Army Corps of Engineers, Barnstable County, municipalities and private tower owners and pole attachment agreements and aerial license agreements with utility providers.
- Represent OpenCape at special permit and site plan approval hearings for microwave installations.
- Advise OpenCape on all aspects of grant compliance and grant close-out.
- Assist with non-profit formation and all aspects of corporate governance.