The City of Gillette and BOCHES entered into an "Educational Broadband Service Long Term De Facto Transfer Lease Agreement" on December 21, 2009.  As part of this Agreement, BOCHES allowed the City to use a portion of its Broadband Spectrum for the City to expand its wireless access for City services such as police, utility and building inspection.  In return, the City expanded its fiber optics system to serve schools and other education facilities within Gillette.

In January 2014, the City of Gillette and BOCHES executed Amendment One to expand fiber optic service to include Buffalo Ridge Elementary School and the CCSD Maintenance Building in lieu of Lakeview Elementary School and the Aquatic Center.

As of 2019, the City no longer uses the BOCHES Spectrum for wireless access communications.  Likewise, all of the School District Facilities identified in the original Agreement and Amendment One now have access to our fiber optic system.

Earlier this year, the School District asked if they could utilize the BOCHES Spectrum, since the City is no longer using it.  In return, the City asked the School District if they would maintain the individual fiber optic lines serving their facilities.

The attached "Amendment Number Two to EBS Long Term De Facto Transfer Lease Agreement" between BOCHES and the City of Gillette was prepared to support these requests.  BOCHES recently approved Amendment Number Two.

Upon approval of Amendment Number Two, the City will no longer have access to the BOCHES Spectrum, and the City will also no longer maintain the fiber optic lines serving the various School District Facilities.

Staff recommends approval of Amendment Number Two and the related Right of Way Use Agreement with BOCHES.