QWEST BROADBAND SERVICES, INC UVSL AGREEMENT-MARK CONFIDENTIAL.PDF

Maricopa County — Formal (2022-01-12)

View PDF Item 68 Meeting page

Extracted text (via ocr_local) 6398 characters
Uniform Video Service License Agreement (Title 11)
Date of Issuance:

This Uniform Video Service License Agreement (“License”) is made on the date of
issuance hereof by and between the County of Maricopa, an Arizona county(“Licensor”)
and Qwest Broadband Services, Inc., a Delaware Corporation (“Licensee”).

WHEREAS, Licensee has filed a completed application and affidavit under Title 11,
Chapter 14, Arizona Revised Statutes (“Licensing Statute”), for Licensor to issue a
Uniform Video Service License to Licensee; and

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

1. Capitalized terms that are not defined herein have the same meaning
prescribed in the Licensing Statute.

2. The following appear on Exhibit A attached hereto and are incorporated
herein by this reference:

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

3.1. 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 .

3.2 Licensee may operate and maintain facilities installed in the
Highways in the Service Area to provide services.

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 City/Town 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.

Licensor Licensee
Maricopa County, an Arizona municipal Qwest Broadband Services, Inc., a
corporation "C Le od ion
By: Timothy J. Goodwin

Its: Associate General Counsel
Date: Date: September 16, 202
ATTEST:

APPROVED AS TO FORM:

STATE OF COLORADO )
) ss.
County of Denver )

The foregoing instrument was acknowledged before me this 16!" day of September 2020
by Timothy J. Goodwin, Associate General Counsel of Qwest Broadband Services, Inc., a
Delaware Corporation, on behalf of Licensee.

MARJORIE 0. HERLTH a:
otary Public
(Seal) State of Colorado
Notary ID # 20014006933 Notary Public

My Commission Expires 09-25-2021
STATE OF ARIZONA _)

) ss.
County of )
The foregoing instrument was acknowledged before me this day
of ,20__ by , on behalf of Maricopa County.

(Seal)

EXHIBIT A
[Information about Licensee]

|. Licensee:

| Date:

Applicant's Name: Qwest Broadband Services, Inc.

Principal Place of Business:

Phone: 318-388-9000 Address: 100 CenturyLink Dr.

City/Town: Monroe State: Louisiana Zip: 71203
a. . Jurisdiction of Formation: a,

Type of Entity: Corporation Delaware Email:

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

Name: Jeffrey K. Storey Title: President & Chief Executive Officer

Address: 1025 Eldorado Blvd., Interlocken 2000, Broomfield CO 80021-8254

Title: Executive Vice President, General Counsel

Name: Stacey W. Goff

& Secretary
Address: 100 CenturyLink Dr., Monroe LA 71203
Name: G. Clay Bailey Title: Senior Vice President
Address: 100 CenturyLink Dr., Monroe LA 71203
Name: Gary Maxwell Cox Title: Vice President & Secretary

Address: 100 CenturyLink Dr., Monroe LA 71203

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

Name: Jeff Mirasola Title: Director State & Local Government Affairs

Address: 20E. Thomas Rd., Phoenix AZ 85012

Phone: (602) 630-0005 | Fax: (602) 235-3501 | Email: Jeff.Mirasola@CenturyLink.com

Name: Timothy J. Goodwin | Title: Associate General Counsel

Address: 931 14" St., 12!" Floor, Denver CO 80202

Phone: (303) 992-2505 | Fax: (303) 383-8512 | Email: Tim.Goodwin@CenturyLink.com

EXHIBIT B

[Service Area]

The Service Area consists of all the territory within the
Boundaries of the County of Maricopa.