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17.01.125.3. Institutional network
Upon written request of the Grantor, the Grantee agrees to assist the Grantor in the evaluation of the creation of an Institutional Network that would interconnect specific public buildings for the transmission and receipt of communications between specific points in the discrete network within the Service Area. The Grantee further agrees that if such an Institutional Network is constructed, the Grantee's charges for the use of such network shall be at comparable rates and on similar terms and conditions as that offered by the Grantee to other municipal users in the State of Utah for similar services. Nothing herein should be construed as a requirement for the Grantee to construct an Institutional network without fair reimbursement of the capital cost to provide such facilities. The Grantee shall receive reimbursement of the capital cost to provide such an Institutional Network in full or in part, from the Grantor, at the Grantor's discretion, or the Grantee may treat any such unrecovered capital costs as external Franchise related costs and increase each Subscriber's bill for full recovery of the capital cost.
Nothing in this Franchise or Section 17.01.125.3 hereof shall be deemed by the Grantor or Grantee to subject Grantee's operations, or Institutional Network services provided by Grantee under authority of this Franchise, to regulation as a common carrier within the meaning of applicable state or federal law.
Ord. No. 99-62, Enacted 12/16/1999