1046.04   EXTRATERRITORIAL CUSTOMERS.
   (a)   Applicability. Subject to the terms and conditions of this section, the Mayor and the Director of Public Service or his/her designee, in their discretion, shall have the authority to provide wireless and fixed broadband internet services to customers who are located outside the boundaries of the City and the Akron-Bath Township Joint Economic Development District ("JEDD"). The Mayor and the Director of Public Service or his/her designee shall be authorized to decide, on a case-by-case basis, whether to provide services to an extraterritorial customer based upon the location of the customer and such other factors as they may deem important in their discretion.
   (b)   Rates and Charges. The Mayor and the Director of Public Service or his/her designee shall have the authority to determine the rates and charges for services provided to customers who are located outside the municipal boundaries of the City and the JEDD, except that the rates for wireless and fixed broadband internet services provided to retail customers who are located outside the municipal boundaries of the City and the JEDD shall be the applicable Fairlawn rate plus 10% and shall not include any waiver of the installation fees.
   (c)   Terms and Conditions. The terms and conditions of any wireless and fixed broadband internet services provided to customers outside the City and the JEDD shall be the subject of written agreements that are negotiated by the Mayor or the Director of Public Service or his/her designee. Any services provided to residential customers also shall be governed by Section 1046.01 , and any services provided to business, institutional, and non-residential customers also shall be governed by Section 1046.02 .
   (d)   Capital Costs and Installation Charges. Unless otherwise authorized by Council, extraterritorial customers shall pay capital reimbursement on design and construction of City equipment necessary for their services. This would include but not limited to the fiber, electronic equipment, and any necessary data center improvements. Extraterritorial customers shall pay for the drop or lateral from the fiber-optic main line to the optical line terminal, and the installation of the indoor equipment to connect the optical line terminal to the optical network terminal.
(Ord. 2017-047. Passed 6-19-17; Ord. 2019-004. Passed 2-19-19.)