End User Throughput Rate definition
End User Throughput Rate means the sum of the ordered uplink and downlink Throughput Rates provided to an End User. For example, an Operator offering an ordered Throughput Rate of 128 kbps upload and 128 kbps download equals an End User Throughput Rate of 256 kbps. Licensee shall be permitted to activate Five Percent Users with combined End User Throughput Rates no greater than Licensee's Educational Reservation times the Oversubscription Level ("Licensee's Throughput Rate Entitlement"). "Oversubscription Level" means the number utilized by Operator in its network activation and planning activities in a Market Area that represents the number of customer activations at an End User Throughput Rate offered by Operator which Operator will permit for each increment of Engineered Throughput Rate. "Engineered Throughput Rate" shall mean the maximum uplink and downlink Throughput Rate achievable on any specific transmission or reception equipment in the System (other than backhaul equipment or CPE), measured in bytes per second, as installed in the Market Area. The Operator may change the Oversubscription Level from time to time in Operator's sole discretion based upon the data traffic generated by its customers. A sample calculation of Licensee's Throughput Rate Entitlement is shown in page 1 of Exhibit C. Licensee understands and acknowledges that the actual Throughput speed of a Permitted End User may be restricted from exceeding the ordered End User Throughput Rate by Operator's network technology and Customer Premises Equipment.
End User Throughput Rate is defined in Subparagraph 2(d)(ii).