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25D - AGMT DATA VIDEO COM SVCS
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25D - AGMT DATA VIDEO COM SVCS
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Last modified
1/11/2018 7:11:05 PM
Creation date
1/11/2018 6:27:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25D
Date
1/16/2018
Destruction Year
2023
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Attachment D <br />Spectrum Data Transport Services: Ethernet Solutions <br />("Ethernet Service") <br />These terms shall apply, in addition to the Commercial Terms of Service and the respective Service Order (If applicable) (collectively, <br />the "Service Agreement"), If Customer elects to receive Ethernet Service and continued use or reception of the Ethernet Service is <br />subject to the this Agreement. <br />Spectrum will provide Ethernet Services for Customer locations connected over coaxial and/or fiber-optic cable. Connectivity is <br />established between two or more Customer end-points under a unique customer topology. Spectrum will Install the coaxial or fiber-optic <br />cable Into each Customer site as listed in the Service Order(s). Spectrum will also supply an edge device at each site that will be <br />capable of receiving the Service as specified in the Service Order(s). <br />Customer's use of Ethernet Service Is subject to the following additional terms and conditions: <br />1. Avallabillty: Spectrum's provision of Ethernet Services is subject to availability. <br />2. Interference: Spectrum shall have the right to disconnect (or demand the immediate disconnection of) any Ethernet Service that <br />degrades any service provided to other subscribers on the Spectrum network. <br />3. Hand -Off Point: Spectrum will terminate fiber-optic cable on a patch panel or provide a coaxial outlet at an agreed upon minimum <br />point of penetration (MPOP) up to 50 feet within each facility (unless otherwisespecified in the Service Order). If the handoff point <br />of the Ethernet Service at Customers premise exceeds this distance. Customer may be responsible for any additional costs for <br />Internal wiring. <br />4. Facilities: Customer will make available to Spectrum a building ground connection at each location that meets current electrical <br />codes for the placement of a fiber-optic patch panel and/or coaxial outlet. Unless otherwise specified In the applicable Service <br />Order, it is recommended that Customer provide a separate 20 Amp 110V AC circuit for the edge electronics, which is powered by <br />a UPS system. Customer -supplied routing will be necessary for communication between each Service Location. <br />S. Optical Ethernet EP -Lan: For Optical Ethernet EP -LAN, Spectrum requires Customer to use Layer3 / IP Interfaces and routing on <br />WAN Interfaces as opposed to Laye2. The enhanced risk of total service degradation as a result of broadcast storms or other <br />industry known Laye2 vulnerabilities warrants this requirement. Using Layer3! IP Interfaces requires only a. single MAC. address to <br />be learned on the UNI. <br />6. Interstate vs. Intrastate. Customers use of Ethernet Services is presumed to be jurisdictionally interstate, pursuant to the <br />Federal Communications Commission's mixed use "10% Rule" (47 C.F. R. 36.154, 4 FCC Red. 1352). It is Customers sole <br />responsibility to notify Spectrum if Customers use of the Service is not jurisdictionally Interstate pursuant to the 10% Rule and, so <br />long as Customers use of the Service remains not jurisdictionally Interstate, Customer must certify at least annually that this <br />condition remains in effect, using the form and format available upon request from Spectrum. If Customer fails to provide such <br />certification or If the Customer's certification is Inaccurate or invalid, Customer shall be liable for any resulting fees, renes, penalties <br />and/or costs Incurred by Spectrum. In addition, if Spectrum determines that Customer's use of the Ethernet Services Is likely to be <br />deemed not to be jurisdictionally Interstate, and therefore that Spectrum's provision of the Ethernet Services is likely to put <br />Spectrum or its licenses,, permits or business at risk, or otherwise cause financial, regulatory or operational, problems for Spectrum, <br />then Spectrum may immediately suspend the provision of any or all Ethernet Service under any or all affected Service Orders until <br />such time as either (a) Customer provides Spectrum with satisfactory assurances that Customers use of Ethernet Services shall <br />be deemed to be jurisdictionally interstate or (b) Customer is otherwise brought Into full compliance with any applicable laws and <br />regulations. <br />7. Restrictions: By purchasing the Services, Customer certifies that Customer shall not use the Services, or allow the Services to <br />be used: i) to provide 911 or E911 services; II) route 911 or E911 traffic to any public safety answering point, statewide default <br />answering point, or appropriate local emergency authority or emergency responders; or III) for any Automatic Location Information <br />services related to E911. In addition, Customer shall not use the Services, or allow the Service to be used, in a manner that would <br />cause, or be likely to cause, Spectrum to qualify as a "Covered Service Provlder" as, defined in 47 C.F.R. §12.4 or any successor <br />rules of the Federal Communication Commission ("FCC"). Any breach of this provision shall constitute -a material breach of this <br />-Agreement and Spectrum shall have the immediate right, without notice or penalty, to terminate this Agreement or, in Spectrum's <br />sole discretion, suspend Services to Customer. <br />Commercial Bulk Services Agreement v.161213 CONFIDENTIAL Page 20 of 31 <br />02016 Charter Communications. All Rights Reserved. <br />Lynne. P. Bell <br />E -signed 2017-12-0711:02PM PST <br />lynne.bell@chartec.com <br />Document Integrity Verified Adobe signTnnvcUon <br />25D-24 <br />
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