R2008-94 ACCEPTING PROPOSAL AND AUTHORIZING USER AGREEMENT, SYSTEM MANAGEMENT AGREEMENT & COMMUNICATIONS SYSTEM AGREEMENT

Home Browse Search

a. Any expansions of STARCOM2l to accommodate radio communication needs for authorized, non-State users cannot compromise or degrade STARCOM21's functionality and performance, service level (i.e. "Grade of Service"), availability, and radio coverage for existing STARCOM21 Users. Motorola wil] be required to provide STARCOM2l Users access to any additional working channels or sites deployed to expand STARCOM21 at no additional cost to �i, the State. b. Partici atin STARCOM21 Users that have atchin re uirements will need to have such p g P � 9 requirements reviewed and approved by the Motorola System Manager and, if applicable, the Oversight Committee. Approval of additional patching is contingent on the impact that the patches will have on the Grade of Service for existing STARCOM21 Users. The use of vehicular repeaters on STARCOM2l is contingent on spectrum availability and will need to be reviewed by the Motorola System Manager and, if applicable, the Oversight Committee. User further understands certain talk group prioritization of non-first responder public safety users may occur. 4. REGULATORY ISSUES 4.1 It shall be the responsibility and obligation of User to seek all approvals incfuding federal, state, county, municipal or other governmental authority having jurisdiction over User in order to enter into this User Agreement. 4.2 User understands that numerous entities, including, without limitation, public safety users and special emergency users, will utilize STARCOM21. 4.3 User understands that pursuant to Federal Communications Commission (FCC) rules only certain entities are qualified to utilize STARCOM21. User represents and warrants that it will meet all FCC eligibility requirements to utilize STARCOM2] during the term of this User Agreement. User represents, warrants and covenants on the date hereof and throughout the term of this User Agreement that it is, and will remain, qualified to utilize STARCOM21 and that it meets, and will continue to meet, all such FCC eligibility requirements. If for any reason User finds that it is not in compliance with FCC regulations, it shall immediately notify Motorola in writing, (but under no circumstances exceeding 14 days) and outline a course of action to come into compliance within a reasonable period of time. 4.4 User understands and acknowledges that some or all of the licenses pursuant to which STARCOM21 operates are held by governmental and non-governmental entities, who are also Licensees. For purposes of this User Agreement, a Licensee is defined as a qualified governmental or non- governmental entity that owns its own frequencies and agrees to allow those frequencies to be utilized on STARCOM21 by STARCOM21 participants. User acknowledges that all shared transmitter use must be subject to Licensees' control. User understands there may be significant consequences to Motorola and other STARCOM21 Users should access to and use of such transmitters be unreasonably withheld by a Licensee. 4.5 User understands that Motorola and/or the Licensees can discontinue service, remove one or more licenses from STARCOM21, or take any other steps that they reasonably believe are in the best interests of STARCOM21 or that may be necessa►y to comply with any federal, state, or local law, order, or directive. Any such action shall not give rise to any claim on the part of User against Motorola or the 01.03.07 3