Cox License Agreement

City of El Mirage — Regular Meeting (2020-03-19)

View PDF Item 8 Meeting page

Extracted text (via ocr_local) 11359 characters
(Pursuant to Title 9, chapter 13, Arizona Revised
Local Government: City of El Mirage

1, Applicant:

Date: February 25, 2020

City/Town: Phoenix State: AZ Zip: 85027

Type of Entity: LLC Jurisdiction of Formation: Delaware Email: swrcableadministrator@cox.com

Il. Applicant’s principal executive officers or general partners:

Name: Patrick Esser | Title: President
Address: 6205-B Peachtree Dunwoody Rd. Atlanta, GA 30328

Name: Jennifer Hightower Title: Vice President
Address: 6205-B Peachtree Dunwoody Rd. Atlanta, GA 30328

Name: Perly McBride | Title: Vice President
Address: 6205-B Peachtree Dunwoody Rd. Atlanta, GA 30328

Name: John Wolfe | Title: Executive Vice President & Region Manager
Address: 1550 W Deer Valley Rd. Phoenix, AZ 85027

101. Person(s) authorized to represent Applicant before Local Government:

Name: John Wolfe | Title: Executive Vice President & Region Manager
Address: 1550 W Deer Valley Rd. Phoenix, AZ 85027

Phone: 623-328-3121 | Fax: 623-322-7918 | Email: swrcableadministrator@cox.com

Name: Susan Anable Title: Vice President, Government & Public Affairs
Address: 1550 W Deer Valley Rd. Phoenix, AZ 85027

Phone: 623-328-3121 Fax: 623-322-7918 Email: swrcableadministrator@cox.com

IV. Check one pursuant to Arizona Revised Statutes Section 9-1411(C)(4):

kK] Applicant is an Incumbent Cable Operator as provided in Arizona Revised Statutes,
Section 9-1401(13).

O Applicant is not an Incumbent Cable Operator. The date on which the Applicant expects to
provide Video Services in the Service Area identified below under Section 9-1411(C)(5) is:

Date:

Vv Wor All Applications:

A. Applicant will timely file with the Federal Communications Commission all forms required by
that agency before Applicant offers Video Service in the Service Area, including the forms
required by 47 Code of Federal Regulations Section 76.1801.

B. The term of the uniform video service license shall be (not to exceed ten years):

10 Years

C. Applicant agrees to pay all lawful fees and charges imposed by Local Government as provided
in Arizona Revised Statutes, Section 9-1414(B)(4).

D. Applicant agrees to notify Local Government in writing of changes to the above information
within thirty days after the change occurs as provided in Arizona Revised Statutes, Section 9-

1414(B)(2).

E. Provide an exact description of the Service Area as set forth in Arizona Revised Statutes,
Section 9-1411(C)(5), as identified by a geographic information system digital boundary
meeting or exceeding national map accuracy standards.

Select one:
The Service Area consists of all the territory within the Boundaries of Local Government: YES

The Service Area consists of all the territory within the area described on attached Exhibit B.

[VERIFICATION AND RECEIPT ON FOLLOWING PAGE]

Applicant Verification

I certify that the information contained in this application for a video service license in the City of El Mirage
is true and correct. I further affirm that | am authorized by Cox Communications Arizona, LLC to file this
application on behalf of applicant and to bind the applicant with respect to the representations made in
Section V, Paragraphs A through D of this application. A copy of the authorization is attached to this
application.

Name and Title (printed):
John W§lfe, Executive Vice President & Region Manager

Signature: f / LA. Wot, pae 0#/d6/a CAO
(/ /

Local Government Receipt

The foregoing Application and Affidavit for Uniform Video Service License was received by Local
Government this A7*day of FEBRUARY , 200; at_3» 35 Py

City of El, Mirage, an Arizona municipal corporation (“Local Government”)

SHARON AN TES

Print Name

Eiry CLERK
"(0000 N_£L MIRAGE KD _E/

Address

EL IMRAGE, AZ © 5346

City, State, Zip

GL3-81b - - 2943
La 876-460D

SantesMe [mi eokad de y
Email

2 [22/3020

Uniform Video Service License Agreement

Date of Issuance:

This Uniform Video Service License Agreement (“License”) is made on the date of
issuance hereof by and between the City of El Mirage, an Arizona municipal corporation
(“Licensor”) and Cox Communications Arizona, LLC, a Delaware Limited Liability Corporation

(“Licensee”).

RECITALS

WHEREAS, Licensee has filed a completed application and affidavit under Title 9,
Chapter 13, Arizona Revised Statutes (“Licensing Statute”), for Licensor to issue a Uniform
Video Service License to Licensee; and

WHEREAS, Licensee is authorized under the laws of the State of Arizona to provide
Cable Service.

AGREEMENT

NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein, and the mutual covenants set forth herein, the Parties agree as follows:

1. Definitions. Capitalized terms that are not defined herein have the same meaning
prescribed in the Licensing Statute, including A.R.S. Section 9-1401.

2. Licensee Information. The following appear on Exhibit A attached hereto and are

incorporated herein by. this referenge:. . . oe ges .
'P FF Y fpis name oF Licensee, its type of entity and its jurisdiction of formation.

2.2 The address and telephone number of Licensee’s principal place of
business.

2.3. The names, titles and addresses of Licensee’s principal executive officers
or general partners.

2.4 The names, titles, telephone and fax numbers and email addresses of any
persons authorized to represent Licensee before Licensor.

3. Grant_of License. Under the Licensing Statute, Licensor hereby issues to
Licensee, and Licensee hereby accepts from Licensor, a nonexclusive Uniform Video Service
License.

3.1 The Service Area in which this License authorizes Licensee to provide
Video Service in the area described on Exhibit B is attached hereto and incorporated
herein by this reference.

3.2. Licensor grants Licensee authority in the delivery of Video Service to use
and occupy, and to construct and operate a Video Service Network in, Highways in the
Service Area in compliance with the Licensing Statue and this License.

3.3. Licensee may operate and maintain facilities installed in the Highways in
the Service Area to provide services pursuant to and subject to all the following: A.R.S.
Section 9-584 and A.R.S. Title 9, Chapter 5.

4. Licensee Compliance with Law. Licensee shall comply with and be subject to:
4.1 All valid and enforceable federal and state laws.

4.2 All generally applicable, nondiscriminatory Local Laws, including
highway use, mapping, insurance, performance bonds, security fund, indemnification,
letter of credit or similar requirements that apply to the use and occupation of any
highway and that conform to the Licensing Statute.

4.3 All public, education and government programming requirements of the
Licensing Statute.

4.4 All customer service rules of the Federal Communications Commission
under 47 Code of Federal Regulations Section 76.309(c) applicable to Cable Operators.

4.5 All consumer privacy requirements of 47 United States Code Section 551
applicable to Cable Operators.

5. Commencement of Video Service; Revocation. If Licensee is an incumbent cable
operator, Licensee shall begin to provide Video Services under this License on the date of
issuance of this License. If Licensee is not an incumbent cable operator, Licensee shall provide
video service to at least one subscriber within each service area authorized by this License not
later than twenty-four months after the date of issuance of this License. Failure of a non-
incumbent cable operator to provide video service to at least one subscriber within each service
area as set forth above shall result in revocation of this License unless the Licensee establishes to
the satisfaction of the Licensor that such failure was for reasons beyond the Licensee’s control.

6. License Fee. Licensee is required to pay the License Fees required under the
Licensing Statute and all other lawful fees, taxes and charges imposed by Licensor. The initial
rate of the License Fee shall be five (5) percent.

7. Federal Filing Requirement. Licensee is required to file in a timely manner with
the Federal Communications Commission all forms required by that agency before Licensee
offers Video Service in the Service Area, including the forms required by 47 Code of Federal
Regulations Section 76.1801.

8. Term. The term of this License is ten (10) years and shall begin on the date of
issuance.

9. Compliance with Law. Licensor and Licensee agree that they are subject to and
must comply with the Licensing Statute. This License is subject to A.R.S. Section 38-511.

[SIGNATURES ON FOLLOWING PAGE]

Licensor Licensee

City of El Mirage, an Arizona municipal Cox Communications Arizona, LLC., a
corporation Delaware corporation
By: By: WoW
Its: Its: es ive Vice President & Region
Date: eth ohn Wolfe
ates OAD
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
sTATE OF Ay, 209% )

) ss.
County of_alovia fo)
The foregoing ination was acknowledged before me this Atb day of EeSovucuse ,
20__ by by John Wolfe, the VP & Regional Manager of Cox Communications Arizon

LLC., a Delaware Corporation on behalf of Licensee.

Pamela L Mann { OF TAG
Notary Public NLM ENE Na

i ey, ) Marlcopa County, Arizona Notary Public
Cer ~My Comm. Expires 6-11-2021

STATE OF ARIZONA _ )

) ss.
County of )
The foregoing instrument was acknowledged before me this day of :
20__ by , Mayor of the City of El Mirage, an Arizona municipal corporation, on
its behalf.
(Seal)

EXHIBIT A
[Information about Licensee]

I. Licensee:

Date: February 25, 2020

Applicant’s Name: Cox Communications Arizona, LLC

Principal Place of Business: 6205-B Peactree Dunwoody Rd. Atlanta, GA 30328

Phone: 623-594-1000 Address: 1550 W Deer Valley Rd
City: Phoenix State: AZ Zip: 85027
Type of Entity: LLC Jurisdiction of Formation: Delaware] Email:swrcableadministrator@cox.com|

II. Licensee’s principal executive officers or general partners:

Name: Patrick Esser | Title: President

Address: 6205-B Peachtree Dunwoody Rd. Atlanta, GA 30328

Name: Jennifer Hightower | Title: Vice President

Address: 6205-B Peachtree Dunwoody Rd. Atlanta, GA 30328

Name: Perly McBride | Title: Vice President
Address: 6205-B Peachtree Dunwoody Rd. Atlanta, GA 30328
Name: John Wolfe | Title: Executive Vice President & Region Manager|

Address: 1550 W Deer Valley Rd. Phoenix, AZ 85027

III. Person(s) authorized to represent Licensee before Local Government:

Name: John Wolfe Title: Executive Vice President & Region Manager,

Address: 1550 W Deer Valley Rd. Phoenix, AZ 85027

Phone: 623-328-3121 | Fax: 623-322-7918 | Email: swrcableadministrator@cox.com

Name: Susan Anable | Title: Vice President, Government & Public Affairs

Address: 1550 W Deer Valley Rd. Phoenix, AZ 85027

Phone: 623-328-3121 | Fax: 623-322-7918 _| Email: swrcableadministrator@cox.com

Name: | Title:
Address:
Phone: | Fax: | Email:

Exhibit B: El Mirage Service Area

W Stator Biva

“Cd wort N

S
wi
2)
>
e

WN

Hope Dr
Desert Cove Rd

Bey preyyory Ni

Ay

LN

W Greenway Rd

SAY UIDEL N

@
% =
Y sete 4 = *
“Fo, Surprise %

z
o P
> eo =
< ! ic o
ot W Thunderbit'
NY
ww WAsh St Zz
> af 60
g iz rang: .
Zs ve
W Sweetwater Ave 2 =
ard NAG)
Alsyy > 2,
con 6
W Cactus Rd WAlabd
\N Pueblo! |
eee 4 ov ;
Ww Siew?” m Z
= Pe
a Z 5
© 2 z 2
aa e
s oS 4
)
nN o Se
Z & ~~ WAbbott Ave
Z <
a} Zz
z g
>
iw)
El Mirage y
M0,
w Keg
W Olive Ave
i. WaAlice Ave weu'
S \ word
» W Butler Dr r WE
W,Northern, Ave,

ad