Resource Sharing Process 

Background

Resource sharing, the concept being implemented through solicitation, involves the State offering non-exclusive use of its rights-of-way, its valuable existing communications infrastructure and its real estate to offeror(s) for communications systems installed, operated and maintained by the offeror(s) in exchange for communications equipment, services, or cash. Maryland desires to form strategic alliances with firms whereby private companies or consortiums of companies will gain long term access to Right-of-Way (ROW) along the State’s highway system and other state-owned land, access on existing communications infrastructure and/or access to real estate to build new facilities in exchange for consideration.

The 1996 Maryland Telecommunications Act and SF&P § 3A-301 - 313 defined the term “resource sharing” and established review procedures by the Department of Information Technology (DoIT). MDOT, working with DoIT, has formed a strategic alliance with firms whereby private companies or consortiums of companies do gain long term access to the state’s ROW. DoIT RSA Policy was released on October 22, 2019.

Process

* Proposal Requirements

1. Proposals are submitted to the State by the resource share provider and can arrive in a variety of ways. All proposals received directly by a (TBU) or Department of Information Technology (DoIT) are forwarded to the MDOT Resource Sharing Administrator at [email protected] for review and coordination with all stakeholders, including DoIT.
   
2. Stakeholder TBU reviews the proposal per their processes to confirm technical and resource viability. Once the proposal has been reviewed, stakeholder TBU submits back to TSO RSA with status of review. If the proposal has been deemed viable, TSO RSA adds the proposal to the next RSC meeting for review and consideration by the committee.
   
3. When determined that it is in the State’s best interest to proceed with the resource share proposal in terms of access to the state assets including roadways and space on the wireless communications towers, fair and reasonable compensation is negotiated which can be in the form of monetary, in-kind, or a combination of both monetary and in-kind compensation.
   
4. The proposal is submitted to DoIT’s Resource Share Program Coordinator for review by DoIT. The Secretary of DoIT determines if value of proposal equals or exceeds $100,000 and if DoIT and MDOT agree to proceed with the proposal, the following shall be done concurrently:
   • Through DoIT with input from MDOT, the proposal is submitted to the Legislative Policy Committee (LPC), via a letter signed by the Secretary of DoIT for its review and comment. The Statute gives LPC up to 60 days to review and comment on the proposals.
     
   • A summary of the proposal received for resource sharing is advertised in the E-Maryland Market Place by DoIT.
     
5. When a letter of approval to proceed as a resource share has been received from the Legislative Policy Committee, the TBU uses a Resource Share Agreement template to create a draft agreement which is then sent to the provider for their review and concurrence with its terms and conditions.
   
6. Provider signs agreement and returns original copies to MDOT. Agreement is also signed by MDOT and forwards it to DoIT for signature by Secretary of DoIT.
   
7. MDOT prepares Board of Public Works Agenda Item that must contain the provider Comptroller Number and sends it to DoIT to coordinate Board approval of the Agreement.
   
8. Item goes to BPW on DoIT Agenda (30-day process).
   
9. BPW approves Agreement (30-day process).
   
10. Provider applies for Construction and/or Utility Right of Entry permit while waiting for fully executed copy of the agreement.
    
11. BPW signs Agreement and returns it to DoIT.
    
12. DoIT forwards signed original copies of agreement to MDOT.
    
13. MDOT forwards fully executed copy to provider for their records.
    
14. Construction and/or Utility Right of Entry Permit is issued for the work to be done.
    
15. Construction and restoration performed by provider.

DoIT PROGRAM GUIDANCE MEMORANDUM

Based on their policy, the Maryland Department of Information Technology has established three different Resource Sharing Agreement - Program Guidance Memorandum (RSA-PGM). Proceed by clicking on the following links below to view these memoranda.

1. Private Industry Installation and Use of Fiber Optic Cable in State Right-of-Way - Certification
   Provides programmatic guidance on how to implement Resource Sharing Law as it applies to certain private industry installation and the use of fiber optic cable in State right-of-way where the user has a separate statutory right to use and access to the right-of –way.
   
2. Nonprofit Proposals to Install Broadband Communications in State Right-of-Way - Certification
   Provides programmatic guidance on how to process proposals from nonprofit telecommunications providers seeking to install broadband communications infrastructure in rural and underserved areas of the state.
   
3. Rural and Unserved Broadband Fee Waiver - Application
   Provides programmatic guidance on how to process the Resource Sharing Agreement proposals where the RSA applicant requests a waiver of fees applicable under DoIT’s RSA standard Pricing Schedule for broadband infrastructure installation in the rural and unserved areas of Maryland.