10 Dic Indefeasible Right To Use Agreement
Today, so-called IRUs allow a telecommunications operator to purchase all types of telecommunications capabilities and equipment at low prices, usually for periods of 20 to 25 years. Because IRUs are technical rights to a physical part of a terrestrial cable, they can be considered an advantage. This means that their costs are not part of a company`s operating results, but of the real estate, investment and equipment line on a company`s balance sheet. The Impractical Right of Use (IRU) is a permanent contract, which cannot be cancelled between the owners of a cable and a customer of this cable system. Cable is usually a fiber optic cable because fiber optics can transmit more data than any other type of media. According to the Wall Street Journal, Dark Fiber was created decades ago by AT-T as a pioneer, while it still enjoyed monopoly power. The IRUs allowed ATT`s competitors to access the expensive under-sea cables that only AT-T could afford.  There are still some controversies regarding the booking of IRUs as assets in an asset swap transaction between companies. Since iRu`s has technical rights to a physical part of a cable, they can be considered an asset, which means that their costs are not part of the company`s operating income, but appear among the tangible assets.
The IRU is counted as if it were part of the physical facility of the company that buys the IRU.  The IRU “means the exclusive, unlimited and unenforceable right to use the relevant capacity (including equipment, fibre or capacity) for any legal purpose.”  It refers to the bandwidth purchased, for example after the sealing of a submarine wiring system at the end of construction, and the maintenance contract (C-MA) between the owners. This is a way for homeowners to use unused capacity or any unused capacity after the system is put into service. Impractical means “impossible to be declared or cancelled.” The customer acquires the right to use a certain fiber optic system capacity for a number of years. The right to use is unfeasible, so that the acquired capacity is also not refundable and the maintenance costs incurred become payable and irrefutable. “IRU users” may use the corresponding capacity of the “IRU Grantor” fibre-optic network unconditionally and exclusively during the specified period. An unachievable right to use (IRU) is a contractual agreement between the operators of a communication cable, such as the u-priming communication cable or the fiber optic network, and a customer. The IRU black fibre (DF) “means the exclusive, unconditional and unenforceable right to use one or more strands of fibre in a fibre optic cable for legal purposes.” With an IRU contract agreement, the buyer of the IRU can use the IRU fibers unconditionally and exclusively for a long period of time, about 25 to 30 years.  Think about it, if you rent an apartment, sign a contract with the landlord as a tenant.