(a) Broadband Utility. The Village Manager is authorized to make broadband service available upon request to utility customers in the Village of Yellow Springs, including provision of communication services that can be made available to customers through use of the Village's wireless and fixed network. All requests for broadband service shall be subject to the terms and conditions of this chapter. "Broadband service" means, as defined by the Federal Communications Commission and relevant statutes, a minimum of 25 megabits per second ("Mbps") download and 3 Mbps upload speeds, also referred to as "high speed" internet via multiple delivery methods including fiber optic, wireless, cable, digital subscriber line ("DSL") and satellite. "Broadband utility" means the provision of such broadband service by the Village of Yellow Springs.
(b) Customers and Customer Agreements. For purposes of this chapter, "customer" means any person, business, institution, or location which has been provided, is being provided, or will be provided with any broadband services from the Village and includes any member of a customer's family or other person who resides or works at the same location as the customer who uses the service, regardless of whether such person has signed a customer agreement. "Non-residential" customers. The Village Manager, Finance Director and Solicitor shall together develop the forms for written customer agreements for any broadband utility services provided by the Village. The Public Works Department shall establish the types and bandwidth for broadband services and recommend the other terms and conditions of customer agreements. The minimum term of service for billing shall be one month. Subject to the terms and conditions of this section, the Finance Director has full authority to refuse, discontinue, or terminate service to any customer who fails to sign a written customer agreement. Customers may also be referred to as "subscribers" by the Village in certain circumstances.
(c) Policies. The Village Manager shall, in consultation with the Village Solicitor and any others with the requisite expertise, develop and implement an Acceptable Use Policy, Privacy Policy and Digital Millennium Copyright Act Policy which shall be made available to customers as part of the customer agreement and upon request.
(d) Rates. Rates for broadband services shall be set by Council and posted on the Village website. Such rates are subject to change as may be determined by Council dependent on the operational needs of the utility, and are exclusive of any taxes, charges, or other fees that may be applicable to customers under this section, their customer agreements, or other applicable law.
(e) Installations and Equipment. Public Works personnel are authorized to perform installations for customers and to provide each customer with all equipment that may be necessary to provide wireless or fixed broadband services to such customer. The Public Works Director shall recommend the terms and conditions for the installation and use of equipment, and any deposits or other charges that may be applicable to the installation and use of such equipment, to be incorporated into the customer agreement.
(1) Ownership of equipment. Any equipment installed or provided to a customer by the Village remains the property of the Village and shall be returned to the Village upon the termination of service or upon request of the Village for any reason, including but not limited to replacement, repair or upgrade purposes.
(2) Damage to equipment; remedies. Any person who destroys, damages, or tampers with any equipment owned and/or used by the Village to provide internet broadband or communications service to any customer may face prosecution for applicable criminal offenses as well as civil penalties. To the extent that any of the Village's equipment is damaged after it has been installed for a residential customer, the Village Manager has full discretion to seek reimbursement of the costs of any property damage from the customer and has full discretion to terminate service as a non-exclusive remedy in addition to any other criminal or civil remedies that may be available at law.
(f) Installation, Repair and Equipment Charges and Fees. The Finance Director is authorized to charge and collect installation fees, equipment fees, repair charges, connection and reconnection charges, deposits, and other fees and charges applicable to residential customers. At least annually, the Finance Director and Public Works Director shall recommend to the Village Manager any proposal for 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.
(g) Invoicing, Billing and Collections. The Finance Department, through utility billing, shall issue monthly invoices to customers for all services provided, plus any other fees, taxes, or charges that may be owed, and may combine such invoices with other Village utilities with itemization. Payment of such invoices shall be subject to the terms of any billing policies that may be adopted by the Village and the terms of any customer agreements.
(1) Federal and state taxes and fees. The Village is authorized to charge and collect any applicable federal, state or local taxes or fees relating to the wireless and broadband service provided to customers.
(2) Collection. The Finance Director shall collect and account for all revenues in accordance with Ohio auditing standards and internal control methods, and shall deposit such revenues in the Municipal Broadband Utility Fund.
(h) Credits. The Village Manager, Public Works Director and Finance Director have discretion to adjust or credit a customer's bill in situations due to outages in service, equipment or other system failures not related to weather or issues beyond the control of the Village on a case-by-case basis, prior to initiation of any customer request to the Utility Dispute Resolution Board.
(i) Termination. The Village has discretion to terminate, or refuse to provide service to any customer or location for the following reasons:
(1) Failure to make timely payment for services;
(2) One or more violations of any section of this chapter, including all policies and the terms and conditions of any customer agreement;
(3) Failure to sign a written customer agreement;
(4) Destruction, damage or tampering with Village equipment or other property.
(Ord. 2021-24. Passed 9-20-21.)