RESOURCE OPTION C--SATS MICROWAVE EXCESS BANDWIDTH Sample Clauses

RESOURCE OPTION C--SATS MICROWAVE EXCESS BANDWIDTH. ACCESS The SATS microwave system, as currently configured, has bandwidth capacity in excess of the State's current and immediate future needs. The State desires to make this excess bandwidth available to carry either additional traffic from other government entities or to carry traffic to and from under-served Alaskans. Nevertheless, the SATS microwave system must continue to operate in a fashion such that any added traffic can in no way jeopardize the reliability or timeliness of the critical SoL communications that currently traverse the SATS system, including existing 2-way and future land mobile radio communications, in accordance with all applicable SLAs. The Parties agree to seek license, ownership waivers, establishment of fee structures and public order processes that would allow use of the excess capacity by other interested parties on an open and non-discriminatory basis, as may be required. Resource Option C will be implemented in accordance with all federal, state and local laws and regulations. Provider will administer its obligations under this Agreement in accordance with all existing agreements between the State and other entities that may have an existing ownership interest or use agreement in the SATS facilities. The Parties agree not to use this Resource to effect a bypass of or supplement to those Services that are described in this Agreement. The Parties agree to follow a public process to pursue identification and resolution of regulatory and legal issues to make this Resource Option available. Provider agrees to provide project management to accomplish this goal. The State retains approval authority associated with this Resource Option. Legal and regulatory expenses would be funded and borne by the State. The Parties recognize that the State is currently implementing the Alaska land mobile radio system which is heavily dependent on SATS for communication transport. Provider agrees to work cooperatively with other entities for the development and maintenance of this system. Nothing in this Agreement shall require the State to exclusively utilize Provider to resolve the regulatory and legal issues associated with the commercial use of SATS and any use of Provider to assist in this effort shall be subject to explicit approval of the State. The SATS system and associated licenses will continue to be owned by the State. Provider will perform its bandwidth administration responsibilities in accordance with the State's explicit approval and...
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