HomeMy WebLinkAboutC2020-081 - Cox Communications cc) ® •__•Dgd
Final: April 23, 2019
Model 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 Town of Fountain Hills, an Arizona municipal
corporation ("Licensor") and Cox Communications Arizona, LLC, a Delaware Limited
Liability Corporation ("Licensee").
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.
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 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. 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 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.
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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 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.
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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
Town of Fountain Hills, an Arizona Cox Communications Arizona, LLC., a
municipal corporation Delaware corporation
By: • By : _Vv
Its: !,p Its: Ex ive Vice Pre !dent & Region
Date: L. 2,0 Manage John Wolfe
Date: a/a o a2 a
ATTEST: 1
[ ity/Tow rk
APPR D AS TO FORM:
[City/Town] Attorney
STATE OF Aeli )
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County of CU )
The foregoing instrument was acknowledged before me this (j4 day
of e erThowc, , 20= by John Wolfe, the VP & Regional Manager of Cox
Communicatichs Arizona LLC., a Delaware Corporation on behalf of Licensee.
(Seal) •( (Lc.
Notary Public
Pamela L Mann
Notary Public
Marlcopa County,Arizona
My Comm. Expires 6-11-2021
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Final:4-12-19
APPLICATION AND AFFIDAVIT FOR UNIFORM VIDEO SERVICE LICENSE
(Pursuant to Title 9, chapter 13, Arizona Revised Statutes)
Local Government: Town of Fountain Hills
I. Applicant:
Date: January 21, 2020
Applicant's Name: Cox Communications Arizona, LLC
Principal Place of Business: 6205-B Peachtree Dunwoody Rd. Atlanta, GA 30328
Phone: 623-594-1000 Address: 1550 W Deer Valley Rd
City/Town: Phoenix State: AZ Zip: 85027
Type of Entity: LLC Jurisdiction of Formation: Delaware Email: swrcableadministrator@cox.com
II. Applicant's principal executive officers or general partners:
Name: Patrick Esser j 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 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):
X Applicant is an Incumbent Cable Operator as provided in Arizona Revised Statutes, Section
9-1401(13).
❑ 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:
V. For All Applications:
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Final: 4-12-19
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 A.
[VERIFICATION AND RECEIPT ON FOLLOWING PAGE]
Final:4-12-19
Applicant Verification
I certify that the information contained in this application for a video service license in the Town of Fountain
Hills is true and correct. I further affirm that I 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):
Joh olfe Executive Vice President&Region Manager
Signature: W4_
Date:
fit"
1/0102p-to 0?v
Local Government Receipt
The fore�coing Application and Affidavit for Uniform Video Service License was received by Local Government
this ,)— day of , 2Q1Q; at 3: lieµ .
Tow al ' s, an A zo a unicipal corporation ("Local Government")
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Date
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EXHIBIT A
[Information about Licensee]
I. Licensee:
Date: January 21, 2020
Applicant's Name: Cox Communications Arizona, LLC
Principal Place of Business: 6205-B Peachtree 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: Email: swrcableadministrator@cox.com
Delaware
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
Ill. 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:
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EXHIBIT B
Town of Fountain Hills Service Area
f CO . T A A�
sIL
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