(a) Applicability. The Director of Public Service or his/her designee, in their discretion, is hereby authorized to make wireless and fixed broadband internet services available, upon request, to all business, institutional, and other non-residential customers in the City of Fairlawn and the JEDD. As may be determined by the Director of Public Service or his/her designee, such internet services may include telephone services as may be available to business, institutional and/or non-residential customers through use of the wireless and fixed broadband network. All requests for fixed broadband and wireless service (or telephone service) by business, institutional, and other non-residential customers shall be subject to the terms and conditions of this section.
(b) Customer Agreements. The Director of Public Service or his/her designee shall be authorized to enter into written contracts or agreements with any business, institutional or other non-residential customer within the City or the JEDD for wireless and broadband services. The terms and conditions of each contract or agreement (including any rates or charges that may be applicable to such customer) shall be negotiated and determined on a case-by-case basis by the Director of Public Service or his/her designee. The Director of Public Service or his/her designee also shall have authority to negotiate agreements that shall govern issues such as server co-location, web hosting, customer firewall and network requirements, static IP addressing, contract conditions, customer hardware requirements, and any other services, hardware, or equipment to be provided. All such agreements shall be reviewed and approved as to form and correctness by the Law Director prior to execution.
(c) Acceptable Use Policy. All services provided to business, institutional, and non-residential customers shall be subject to the terms of any Acceptable Use Policy and Digital Millennium Copyright Act that may be adopted by the Director of Public Service or his/her designee under Section 1046.01
(c).
(d) Standard Rates. The Director of Public Service or his/her designee shall establish standard rates for business, institutional, and other non-residential customers, which shall be reviewed and approved by Council, and shall be posted on the FairlawnGig website, www.fairlawngig.net, and made available to existing and potential customers upon request. Such standard rates may be subject to change as may be negotiated by written contract, and are exclusive of any taxes, charges, or other fees that may be applicable to non-residential customers under this section, their customer agreements, or other applicable law. Notwithstanding the foregoing, the Director of Public Service or his/her designee shall have the authority to negotiate different rates for individual business, institutional and/or non-residential customers based upon the individual needs and requests of each customer in accordance with division (a) of this section.
(e) Installations and Equipment. The Director of Public Service or his/her designee shall be authorized to perform installations for business, institutional, and other non-residential customers and to provide all equipment that may be necessary to provide wireless or fixed broadband services to such customer. The Director of Public Service or his/her designee shall determine the terms and conditions that shall govern the installation and use of equipment, and any charges relating to the installation and use of such equipment.
(1) Ownership of equipment. Unless otherwise provided in the customer's agreement, any equipment installed or provided to a business, institutional, and/or non-residential customer by the City shall remain the property of the City and shall be returned to the City, at the request of the Director of Public Service or his/her designee, upon the termination of service or upon any other circumstances that may be determined by the Director of Public Service or his/her designee.
(2) Damage to equipment. No person shall destroy, damage, or tamper with any equipment owned and/or used by the City to provide internet broadband or telephone service to any non-residential customer. To the extent that any of the City’s equipment is damaged after it has been installed within the office or business of a nonresidential customer, the Director of Public Service or his/her designee shall be authorized, in their discretion, to seek reimbursement of such property damage from the non-residential customer and shall have the discretion to terminate service. This is a nonexclusive remedy that is in addition to any other criminal or civil remedies that may be available at law.
(f) Installation, Repair and Equipment Charges and Fees. The Director of Finance and the Director of Public Service or his/her designee shall be authorized to adopt, charge, and collect installation fees, equipment fees, repair charges, connection and reconnection charges, and other fees and charges that may be applicable to business, institutional or other non-residential customers. The Director of Public Service or his/her designee also shall have the authority to make changes in installation fees, equipment fees, repair charges, connection and reconnection charges, and other fees and charges as may be needed to compensate for changes in costs and technology, and shall have the authority and the discretion to waive or reduce installation fees, equipment fees, repair charges, connection and reconnection charges, or other fees as he or she may deem appropriate on a case-by-case basis.
(g) Invoicing, Billing and Collections. The Director of Finance or his/her designee and/or the Director of Public Service or his or her designee shall be authorized to issue invoices for services, plus any other fees, taxes, or charges that may be owed by all business, institutional, and non-residential customers. Payment of such invoices shall be subject to the terms of any billing policies that may be adopted by the Director of Public Service or his/her designee and the terms of any customer agreements.
(1) Federal and State taxes and fees. The Director of Finance or his/her designee, and/or the Director of Public Service or his/her designee, shall be authorized to charge and collect any applicable Federal, State or local taxes or fees relating to the wireless and broadband service provided to business, institutional or other non-residential customers.
(2) Late fees and interest. The Director of Finance and/or the Director of Public Service or his/her designee shall be authorized to collect any late fees or interest that may be set forth in any individual customer agreement. Such authority shall include the authority to waive any late fees or interest charges as may be appropriate.
(3) Collection. The Director of Finance and his/her designees shall be responsible for the collection and accounting of all revenues received from FairlawnGig customers in accordance with proper internal control methods and shall deposit such revenues in the City's Broadband Fund (#510).
(h) Promotions. The Director of Public Service or his/her designee shall have the authority to establish promotional or customer retention programs in order to gain or retain service customers as needed. Such programs may include customer incentives or other promotional rates as may be determined by the Director of Public Service or his/her designee.
(i) Credits. The Director of Public Service or his/her designee shall have the authority to adjust and or credit a customer's internet bill in situations where warranted due to outages in service, or due to equipment or other related system failures.
(j) Termination. Subject to the terms of any written customer agreement, the Director of Public Service or his/her designee, in their discretion, may terminate, or refuse to provide, wireless or fixed broadband service to any business, institutional or other non-residential customer for the following reasons:
(1) Failure to make timely payment of invoices;
(2) One or more violations of any billing or collection policies that may be adopted by the Director of Public Service or his/her designee;
(3) One or more violations of the FairlawnGig Acceptable Use Policy or Digital Millennium Copyright Act Policy;
(4) One or more violations of any section of this chapter;
(5) Failure to sign a written contract or agreement;
(6) Breach or violation of any of the terms and conditions of the customer's agreement; or
(7) Destruction, damage or tampering with the City's equipment or other property.
(Ord. 2017-047. Passed 6-19-17; Ord. 2019-004. Passed 2-19-19.)