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8 <br /> "Broadband Internet Access Service", consistent with the Federal Communications Commission definition in <br /> 47 C.F.R § 8.1(b), is a mass-market retail service that provides the capability to transmit data to and receive <br /> data from all or substantially all internet endpoints. This is distinct from and does not-include enterprise-grade <br /> dedicated internet services. <br /> "Communication Services"means the services to be provided to Customers by Provider using the Network. <br /> "Customer"means a residence,business, or any other entity that lawfully receives Communication Services <br /> via the Network. <br /> "Customer Premises Equipment"means terminal and associated equipment and inside wiring located at a <br /> Customer premises that is necessary for the receipt of Communication Services. <br /> "Fiber-to-the-Premises" (FTTP)means a fiber optic cable delivery medium in which optical fibers are run <br /> directly to a Customer premises. <br /> "Final Rule"means the U.S. Treasury Department Final Rule relating to the use of Coronavirus State and <br /> Local Fiscal Recovery Funds, initially published January 6, 2022 and effective on April 1, 2022,proposing <br /> rules at 31 CFR Part 35, Subpart A. <br /> "Location"means the site of a potential or current Customer found in the Mutually Agreed Service Sites <br /> (Attachment B). <br /> "Maintenance"means work that must be performed upon or to the Network to ensure the physical integrity of <br /> the Network and continuity of acceptable signal transmission to and from a Customer for the purpose of <br /> delivering Communication Services in a manner consistent with industry standards,this Agreement, and any <br /> applicable service quality metrics including the customer service quality metrics in Attachment E. <br /> "Network"means the fiber-to-the-premises network described in this Agreement,to be developed by Provider <br /> using Subaward funds. The Network includes,without limitation, fiber optic cable, conduits,manholes, <br /> handholes, cabinets, structures, shelters,poles or pole line attachments, and routers, switches, optical <br /> equipment,wireless equipment, customer premises equipment, and all associated network facilities and <br /> equipment, as well as all intangible rights and property necessary or used for Network construction, operation, <br /> and maintenance. The Network does not include network facilities developed by Provider using Provider <br /> funds, as may be the case in areas for which federal support is authorized to a winning bidder under the Rural <br /> Digital Opportunity Program("RDOF"). <br /> "Passed or Pass"means that the Network traverses the road on which the user location is located, such that <br /> connecting the Customer requires only construction of a Service Drop rather than construction in or along the <br /> road. <br /> "Project"means activities related to the construction, installation, and activation of the Network as described <br /> in this Agreement, including commencement of Communication Services. <br /> 3 <br />