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Lebanon, IN Code of Ordinances
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BROADBAND OVER POWER LINE SERVICE AND WIRELESS INTERNET SERVICE
§ 57.15  BROADBAND OVER POWER LINE SERVICE.
   The following rates and charges are hereby adopted as and for the rates and charges to be used by the Telecommunications Division when charging customers for BPL service.
   (a)   Residential service.
      (1)   Installation fee.  A one-time installation fee of $150. Customers may install service themselves at no charge.
      (2)   Modem fee.  A one-time fee of $ 150, or a monthly charge of $8, will be assessed for rental and use of a power-line communications modem.
      (3)   Set-up fee.  A one-time fee of $30 for set-up and activation of service.
      (4)   Monthly access fee.  A monthly access fee of $29.95.
      (5)   Additional email accounts.  A monthly fee of $5 for additional email accounts in blocks of five above the amount provided at no charge (five residential and ten commercial).
      (6)   Block of static IP addresses.  A monthly charge of $20 for a block of eight static IP addresses (five public).
      (7)   Internet service call.  Will consist of a trip fee of $30 and for labor at $60 per hour with a one-hour minimum for repairs to damaged Telecommunications Division equipment, or when a technician is dispatched for service and the problem is not caused by the Telecommunications Division’s equipment for facilities. Also, the Telecommunications Division, at its discretion may provide on-site service for customer-owned equipment if requested by the customer at the aforementioned rate. Upgrades to or replacement of undamaged but defective or malfunctioning Telecommunications Division-provided equipment does not involve a labor charge.
      (8)   Internet extra parts fee. At cost plus 15% to incorporate charges for damaged Telecommunications Division equipment or for parts that are not associated with the standard installation.
      (9)   Internet extra setup fee.  A fee of $60 per hour with a one-hour minimum to cover a non-standard installation excluding post setting and ethernet line burying. This fee includes, but is not limited to, interior wall penetrations, attic or crawlspace setups.
   (B)   Basic commercial service (one MB or less).
      (1)   Installation fee.  A one-time installation fee of $150. Customers may install service themselves at no charge.
      (2)   Modem fee.  A one-time fee of $150, or a monthly charge of $8, will be assessed for rental and use of a power-line communications modem.
      (3)   Set-up fee.  A one-time fee of $30 for set-up and activation of service.
      (4)   Monthly access fee.  A monthly access fee of $69.95 for commercial customers, using one MB or less.
      (5)   Additional email accounts.  A monthly fee of $5 for additional email accounts in blocks of five above the amount provided at no charge (five residential and ten commercial).
      (6)   Block of static IP addresses.  A monthly charge of $20 for a block of eight static IP addresses (five public).
      (7)   Internet service call.  Will consist of a trip fee of $30 and for labor at $60 per hour with a one hour minimum for repairs to damaged Telecommunications Division equipment, or when a technician is dispatched for service and the problem is not caused by the Telecommunications Division’s equipment for facilities. Also, the Telecommunications Division, at its discretion may provide on-site service for customer-owned equipment if requested by the customer at the aforementioned rate. Upgrades to or replacement of undamaged but defective or malfunctioning Telecommunications Division-provided equipment does not involve a labor charge.
      (8)   Internet extra parts fee. At cost plus 15% to incorporate charges for damaged Telecommunications Division equipment or for parts that are not associated with the standard installation.
      (9)   Internet extra setup fee.  A fee of $60 per hour with a one-hour minimum to cover a non-standard installation excluding post setting and ethernet line burying. This fee includes, but is not limited to, interior wall penetrations, attic or crawlspace setups.
   (C)   Commercial point-to-point service (greater than one MB).  Customers using point-to-point service must pay an installation fee at a labor rate of $120 per hour, in addition to monthly charges for equipment and bandwidth, which will vary depending on the application.
(Ord. 05-07, passed 5-23-2005; Ord. 08-09, passed 8-25-2008)
§ 57.16  WIRELESS INTERNET SERVICE.
   The following rates and charges are hereby adopted as and for the rates and charges to be used by the Telecommunications Division when charging customers for wireless internet service.
   (A)   Residential service.
      (1)   Installation fee.  A one-time installation fee of $220 for standard installation on outside wall only.
      (2)   Equipment fee.  A monthly charge of $20 will be assessed for rental and use of radio equipment.
      (3)   Set-up fee.  A one-time fee of $30 for set-up and activation of service.
      (4)   Monthly access fee.  A monthly access fee of $29.95.
      (5)   Additional email accounts.  A monthly fee of $5 for additional email accounts in blocks of five above the amount provided at no charge (five residential and ten commercial).
      (6)   Block of static IP addresses.  A monthly charge of $20 for a block of eight static IP addresses (five public).
      (7)   Internet service call.  Will consist of a trip fee of $30 and for labor at $60 per hour with a one hour minimum for repairs to damaged Telecommunications Division equipment, or when a technician is dispatched for service and the problem is not caused by the Telecommunications Division’s equipment for facilities. Also, the Telecommunications Division, at its discretion may provide on-site service for customer-owned equipment if requested by the customer at the aforementioned rate. Upgrades to or replacement of undamaged but defective or malfunctioning Telecommunications Division-provided equipment does not involve a labor charge.
      (8)   Internet extra parts fee. At cost plus 15% to incorporate charges for damaged Telecommunications Division equipment or for parts that are not associated with the standard installation.
      (9)   Internet extra setup fee.  A fee of $60 per hour with a one-hour minimum to cover a non-standard installation excluding post setting and ethernet line burying. This fee includes, but is not limited to, interior wall penetrations, attic or crawlspace setups.
   (B)   Basic commercial service (one MB or less).
      (1)   Installation fee.  A one-time installation fee of $220 for standard installation on outside wall only.
      (2)   Equipment fee.  A monthly charge of $20 will be assessed for rental and use of radio equipment.
      (3)   Set-up fee.  A one-time fee of $30 for set-up and activation of service.
      (4)   Monthly access fee.  A monthly access fee of $69.95 for commercial customers, using one MB or less.
      (5)   Additional email accounts.  A monthly fee of $5 for additional email accounts in blocks of five above the amount provided at no charge (five residential and ten commercial).
      (6)   Block of static IP addresses.  A monthly charge of $20 for a block of eight static IP addresses (five public).
      (7)   Internet service call.  Will consist of a trip fee of $30 and for labor at $60 per hour with a one hour minimum for repairs to damaged Telecommunications Division equipment, or when a technician is dispatched for service and the problem is not caused by the Telecommunications Division’s equipment for facilities. Also, the Telecommunications Division, at its discretion may provide on-site service for customer-owned equipment if requested by the customer at the aforementioned rate. Upgrades to or replacement of undamaged but defective or malfunctioning Telecommunications Division-provided equipment does not involve a labor charge.
      (8)   Internet extra parts fee. At cost plus 15% to incorporate charges for damaged Telecommunications Division equipment or for parts that are not associated with the standard installation.
      (9)   Internet extra setup fee.  A fee of $60 per hour with a one-hour minimum to cover a non-standard installation excluding post setting and ethernet line burying. This fee includes, but is not limited to, interior wall penetrations, attic or crawlspace setups.
   (C)   Commercial point-to-point service (greater than one MB).  Customers using point-to-point service must pay an installation fee at a labor rate of $120 per hour, in addition to monthly charges for equipment and bandwidth, which will vary depending on the application.
(Ord. 05-07, passed 5-23-2005; Ord. 08-09, passed 8-25-2008)
§ 57.17  NON-RECURRING CHARGES.
   In addition to the rates and charges set forth in §§ 57.15 and 57.16, the following non-recurring charges are hereby adopted for use by the Telecommunications Division:
 
Service
Fee
Disconnect for non-payment
$20
Late payment charge
A late payment charge of 3% of all amounts outstanding will be charged if the bill is not paid within 17 days following the mailing of the bill
Returned check fee
$25
Same account reactivation (after disconnection or customer-requested temporary service interruption of less than 90 days)
$30
 
(Ord. 05-07, passed 5-23-2005)
§ 57.18  ADJUSTMENT IN RATES AND CHARGES.
   Any proposed upward adjustment in the rates and charges set forth above is subject to approval by the Common Council.
(Ord. 05-07, passed 5-23-2005)
§ 57.19  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APARTMENT.  A lot or parcel of real estate under common ownership on which one or more buildings are situated containing a total of eight or more separate inhabitable dwelling units with facilities intended primarily for living, sleeping, cooking and eating, but excluding any nursing care or similar facility.
   BASIC COMMERCIAL SERVICE CLASS.  Includes customers not encompassed within the residential service class, including commercial and industrial customers, whose service requirements are one MB or less.
   BLOCK OF STATIC IP ADDRESS.  A set of IP addresses or internet protocol addresses that certain electronic devices use in order to identify and communicate with each other on a computer network and the type which do not change or remain static.
   COMMERCIAL POINT-TO-POINT SERVICE CLASS.  Include customers not encompassed within the residential service class, including commercial and industrial customers, whose service requirements exceed one MB.
   CUSTOMER.  The person, firm, corporation or other entity which has entered into an agreement with the Telecommunications Division under which it will receive BPL or wireless internet service.
   EMAIL ACCOUNTS.  Electronic mail accounts to which messages can be sent often containing a unique name that the holder of the account designates and a domain name of the provider hosting the account.
   MULTIFAMILY RESIDENCE.  A lot or parcel of real estate under common ownership on which one or more buildings are situated containing two or more, but less than eight, separate inhabitable dwelling units with facilities intended primarily for living, sleeping, cooking and eating, including without limitation condominium units.
   RESIDENTIAL SERVICE CLASS.  Includes customers whose premises or building is used primarily as a residence for one or more persons (which shall include only single-family residences, multifamily residences and apartments) and whose service requirements are one MB or less.
   SINGLE-FAMILY RESIDENCE.  A lot or parcel of real estate on which a building is situated containing a group of rooms forming a single inhabitable dwelling unit with facilities intended primarily for living, sleeping, cooking and eating.
   STANDARD WIRELESS INSTALLATION.  Includes:
      (1)   One wireless radio;
      (2)   A stinger or dish if necessary;
      (3)   One mounting foot, if necessary, attached to a customer provided house, building, post or pole that is deemed safe by the installer;
      (4)   Up to 330 feet of direct bury Cat 5 cable run from the wireless radio to the customer’s equipment and if necessary to be buried by the customer;
      (5)   One grounding device outside the house at the entry point grounded with an eight-foot ground rod;
      (6)   One sealed exterior wall penetration terminating at a wall box with ethernet jack, if possible; and
      (7)   One ethernet cable from the wall jack to the customer’s equipment.
   TELECOMMUNICATIONS DIVISION.  The Telecommunications Division managed by Lebanon Utilities, a municipally owned utility located in the city.
(Ord. 05-07, passed 5-23-2005; Ord. 08-09, passed 8-25-2008)
§ 57.20  RATE SCHEDULES.
   Copies of all available rate schedules and the terms and conditions of service are on file at the business office of Lebanon Utilities. The terms and conditions of service set forth the conditions under which services are to be rendered, and governs all classes of service to the extent applicable. In case of conflict between any provision of the rate schedules and the terms and conditions of service, the provisions of the rate schedules shall prevail.
(Ord. 05-07, passed 5-23-2005)
§ 57.21  APPLICATION OR CONTRACT.
   (A)   A written application or contract may be required by the Telecommunications Division before service will be provided, which, when accepted by the Telecommunications Division, shall, along with these terms and conditions of service, constitute the contract between it and customer. The Telecommunications Division shall have the right to reject an application for any valid reason.
   (B)   No promises, agreements or representations of an agent or an employee of the Telecommunications Division shall be binding unless those promises, agreements or representations were incorporated into a written contract. The benefits and obligations under any contract shall be binding upon the successors and assigns, survivors and executors or administrators, as the case may be, of the original parties for the full term of the contract; provided, however, that no assignment shall be made by customer without first obtaining the Telecommunications Division’s prior written consent. The Telecommunications Division may require the successor either to execute an assignment agreement wherein the successor-customer assumes and agrees to be bound by the original contract with the Telecommunications Division, or execute a new contract for service.
   (C)   In case of conflict between any provision of a written application or contract and these terms and conditions of service, the provisions of the written application or contract shall prevail.
(Ord. 05-07, passed 5-23-2005)
§ 57.22  RATES SCHEDULES AND CHARACTER OF SERVICE.
   The Telecommunications Division, in its sole discretion, will assign customers to the residential service class, basic commercial service class or the commercial point-to-point service class depending on the customer’s characteristics and service requirements. Customers located within the assigned service area boundaries of the municipal electric utility operated by Lebanon Utilities will be eligible to receive BPL service. Customers located outside the assigned service area boundaries of the municipal electric utility operated by Lebanon Utilities will be eligible to receive wireless internet service, so long as the Telecommunications Division is able to reach the customer with its wireless signal and the customer is located within Boone County or six miles from the corporate limits of the city.
(Ord. 05-07, passed 5-23-2005)
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