2022-228-E-County Mgr-North State Communications Advanced Services-Broadband Initiative

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3 “Broadband Internet Access Service”, consistent with the Federal Communications Commission definition in 47 C.F.R § 8.1(b), is a mass-market retail service that provides the capability to transmit data to and receive data from all or substantially all internet endpoints. This is distinct from and does not-include enterprise-grade dedicated internet services. “Communication Services” means the services to be provided to Customers by Provider using the Network. “Customer” means a residence, business, or any other entity that lawfully receives Communication Services via the Network. “Customer Premises Equipment” means terminal and associated equipment and inside wiring located at a Customer premises that is necessary for the receipt of Communication Services. “Fiber-to-the-Premises” (FTTP) means a fiber optic cable delivery medium in which optical fibers are run directly to a Customer premises. “Final Rule” means the U.S. Treasury Department Final Rule relating to the use of Coronavirus State and Local Fiscal Recovery Funds, initially published January 6, 2022 and effective on April 1, 2022, proposing rules at 31 CFR Part 35, Subpart A. “Location” means the site of a potential or current Customer found in the Mutually Agreed Service Sites (Attachment B). “Maintenance” means work that must be performed upon or to the Network to ensure the physical integrity of the Network and continuity of acceptable signal transmission to and from a Customer for the purpose of delivering Communication Services in a manner consistent with industry standards, this Agreement, and any applicable service quality metrics including the customer service quality metrics in Attachment E. “Network” means the fiber-to-the-premises network described in this Agreement, to be developed by Provider using Subaward funds. The Network includes, without limitation, fiber optic cable, conduits, manholes, handholes, cabinets, structures, shelters, poles or pole line attachments, and routers, switches, optical equipment, wireless equipment, customer premises equipment, and all associated network facilities and equipment, as well as all intangible rights and property necessary or used for Network construction, operation, and maintenance. The Network does not include network facilities developed by Provider using Provider funds, as may be the case in areas for which federal support is authorized to a winning bidder under the Rural Digital Opportunity Program (“RDOF”). “Passed or Pass” means that the Network traverses the road on which the user location is located, such that connecting the Customer requires only construction of a Service Drop rather than construction in or along the road. “Project” means activities related to the construction, installation, and activation of the Network as described in this Agreement, including commencement of Communication Services. DocuSign Envelope ID: 32FCA70F-8C9D-4D85-A0BE-B88413353B8B