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OTHER-2022-031-Network Development Agreement
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OTHER-2022-031-Network Development Agreement
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Last modified
12/6/2022 3:11:00 PM
Creation date
6/27/2022 10:24:36 AM
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Template:
BOCC
Date
6/21/2022
Meeting Type
Business
Document Type
Others
Agenda Item
6-c
Document Relationships
Agenda - 06-21-2022 Business Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022
Agenda for June 21, 2022 BOCC Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 06-21-2022 Business Meeting
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"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 /> "FiberAo -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 fiberAo -the -premises network described in this Agreement, to be developed by Provider <br /> The Network includes , without limitation, fiber optic cable , conduits , manholes , <br /> using Subaward funds . <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 />
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