Viewpoints
Communities
By: Lindsay Miller, Connected Future Consultancy, LLC
A good community-data center relationship is a lot like a good marriage. Shared values create a solid foundation, trust goes a long way to smooth out challenges, and open communication and clear expectations reduce conflict later.
Yet, many communities are entering development arrangements with incomplete understandings of what’s being proposed. Like a marriage, a lot is at stake and there’s not always alignment on what each partner wants from or contributes to the arrangement.
The answer? Creating a data center development prenuptial agreement: the “prenup.”
The “prenup” for data center development
Marriage was once primarily an institution to secure an exchange of goods between families. Now the practice has evolved away from dowries to two people collectively planning their future. Prenups protect each party from unknowns and contingencies. They not only set clear expectations of each party, but the ramifications if behavior does not align with expectations.
Similarly, when a company is proposing a decades-long relationship involving public resources, public infrastructure, and public trust, a community infrastructure agreement — the “prenup,” in this case – creates the terms of the relationship. It reduces uncertainty. Entering into one can be a sign that both parties recognize the seriousness of the commitment they are making.
The process is not about negotiating against each other but planning together.
Creating the necessary foundation
The community infrastructure agreement serves as the foundation to create a community digital ecosystem. It establishes the expectations and obligations between a developer and the host community. It can provide clarity around shared assets, responsibilities, risks, and any future infrastructure to create something that endures for the benefit of both parties.
But before reaching this point of negotiation, the potential partners must find the right match. I was on a recent panel for the Fiber Broadband Association that framed data centers as either “friend or foe.” In reality they are neither. You just need to find the right suitor.
Read more from this author:
Viewpoints: Why we need to rethink broadband leadership (May 2026)
Finding the right fit requires understanding what is important to the community and what its expectations are in a partner – i.e., its nonnegotiables. This can include natural resource use (land use, water use, etc.), expectations around jobs, increased area internet connectivity, workforce needs, and broader economic development goals. In the “dating” phase, communities should consider asking not only what resources are being consumed, but what assets are created in return:
- Will the project improve regional connectivity?
- Will it expand fiber infrastructure accessible to schools, hospitals, and businesses?
- Will it strengthen the region’s long-term competitiveness beyond a single facility?
- Will it leave behind infrastructure that serves the broader public good?
All of these should be commemorated in your community infrastructure agreement.
The developers too will need to consider if the community is a right fit. While they likely have a standard process for partnership identification, specifics will always emerge in the “courting” phase. Developers may identify pockets of resistance that will complicate things in the build-out process. There may be zoning challenges or other resource considerations, and more. And don’t forget the wingman’s role. Broadband providers can and should position themselves as facilitators of these partnerships – the “wingman.” They likely have established connections, literally and figuratively, with communities, and the data centers will presumably need additional connectivity for the project. Communities can leverage broadband planning as an entry point for broader infrastructure strategy. Additionally, consultants and organizations like the Fiber Broadband Association can help to broker these connections and set standards for data center-driven connectivity projects.
Once each party decides they have a match, contingencies in the community infrastructure agreement can then address “what if” scenarios, such as what happens if expansion is required, or unforeseen resource constraints arise, or what conditions would warrant an exit by either partner. By thinking through these elements, the community “prenup” agreement can align economic development with community priorities.
Until connectivity do us part
There is a lot of anxiety and uncertainty around data centers. The “prenup” process helps surface issues and map out a clear process to mitigate any concerns. The community infrastructure agreement ultimately creates a smoother process for both the community and the developer, saving time and money. Both sides can decide to enter development as partners and build the agreements that help both sides get what they need for a long and happy marriage.
Lindsay Miller is a nationally respected voice in broadband strategy and digital infrastructure, based in Columbus, Ohio.
