OTHER-2022-031-Network Development Agreement

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(i) Generally. Provider shall operate and maintain all necessary fiber and equipment for the Network to provide Communication Services to all connected Locations , and Provider will offer Communication Services to any residence or business that is Passed by the Network. (ii) Communications Services shall include 2 Gbps symmetrical broadband internet access service to every home and business , with a minimum level service offering to each home and business of 100 Mbps symmetrical . Other Internet speed options may be made available as well . (Ili) Low cost broadband service offering : A low cost broadband service with a minimum internet speed of 100 Mbps symmetrical will be offered to all County residents for no more than $ 30 per month, prior to any federal or state subsidies available , until at least two years from the date of complete network construction . Per the terms of the American Rescue Plan Act, Provider must participate in the FCC ' s Affordable Connectivity Program as long as it is available . As used in this subsection, the term " County" means the portion of Orange County to which Provider deploys FTTP Service pursuant to this Agreement . (iv) Service Pricing : Provider will advertise on their website and offer broadband service pricing at the rates quoted in the RFP responses (or better) until at least three (3 ) months after the date of the first customer activation . Provider further agrees that its standard rates in place at the date of the first customer activation will not increase by more than 10 % per year for any of the service levels until at least January 1 , 2026 in the portion of Orange County to which Provider deploys FTTP Service pursuant to this Agreement . (v) Provider agrees not to impose data caps on residential broadband service or throttle residential broadband service based on data caps or metering at any time during which it owns the network . (vi) Service drops ; CPE . Provider will install Service Drops to Customer locations . Provider will not charge for Service Drops less than 1000 ' feet in length . Provider will procure and provide necessary Customer Premises Equipment . (vii) Customer service. Provider will provide first- line support to all Customers of Communication Services provided by Provider . (viii) Billing and collection . Provider will generate and issue Customer bills and will be responsible for billing collection and related back- office accounting and administrative functions . (ix) Marketing . Provider will diligently market the Communication Services as they are made available to potential Customers . (x) Regulatory compliance . Provider shall be responsible for all aspects of local , state and federal regulatory compliance and reporting that relate to the provision of Communication Services using the Network, including the payment of any fees or taxes required thereby . 8