Radio TERMS OF USE

Radio Network Terms of Use

This Radio Network Terms of Use ("Terms of Use") is a binding contract entered into as of the date of first use, by and between Utah Communications Authority ("UCA") and the user of the Network ("Licensee"). Licensee shall include Licensee’s employees, agents, or any other person that is working on behalf of Licensee. UCA and the Licensee are referred to collectively as the “Parties”.

PLEASE READ THESE TERMS OF USE AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY. THESE TERMS GOVERN YOUR USE OF UCA RADIO NETWORK. BY USING THE UCA RADIO NETWORK YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.

Recitals

Whereas, UCA supports public safety communications for Utah's first responders and citizens, pursuant to Utah Communications Authority Act, Title 63H Chapter 7a of the Utah Code (the “Act”).

Whereas, UCA has the obligation pursuant to the Act to “provide and maintain the public safety communications network for state agencies and local government public safety agencies” (“Network”).

Whereas, UCA, pursuant to the Act, has the authority to “enter into agreements with public agencies, private person, the state, and federal government to provide public safety communication network services on term and conditions [UCA] considers to be in the best interest of [UCA].”

Whereas, UCA acts as the radio system administrator for the Network.

Whereas, Licensee has a public safety purpose and desires to use radios on the Network.

Now Therefore, in consideration of the promises and mutual covenants herein contained; by using the Network, Licensee agrees to the following terms and conditions.

  1. Acceptance of Terms through Use: By using the Network, Licensee agrees to be bound by all terms, conditions and notices contained or referenced within these Terms of Use, and these Terms of Use will govern Licensee’s use of the Network.
  2. Grant of License: UCA hereby grants Licensee a non-exclusive, non-transferable license to access and use the UCA’s Network for public safety purpose.
  3. Term: Subject to Section 9 (Deprogram Radios), the term of these Terms of Use shall commence on the date of the Licensee is provided with a unique radio ID and continue a month-to-month basis. Either party may terminate these Terms of Use with written notice of 30 days. If no termination notice is given, these Terms of Use shall automatically be renewed for successive one-month periods.
  4. Provision of Services: UCA will provide the Licensee with unique radio IDs on the Network, the number of unique radio IDs will be identified between UCA and Licensee monthly through an invoice. UCA will make commercially reasonable efforts to ensure availability and capacity for the Licensee’s use of the Network. The provision of this service is subject to UCA’s discretion, considering the limits of the Network referenced in the Act while ensuring that services do not compromise the use of the Network by other users.  Licensee agrees that UCA’s performance under these Terms of Use depends on the actions of the Licensee, third parties, and the public safety needs of other federal, state, or local agencies.
  5. Downtime: UCA is not liable for downtimes in the Network. Licensee acknowledges that its use of the Network may not be uninterrupted or error-free.
  6. Usage Guidelines: Licensee agrees to use the Network in accordance with any usage guidelines provided by UCA. Licensee shall not use the Network for any illegal, fraudulent, or unauthorized purpose. If UCA suspects that Licensee is using the Network in an unauthorized manner, then UCA may inhibit Licensee’s access to the Network.
  7. Fees and Payment: Under the Terms of Use, the Licensee, as allowed by statute, consents to pay UCA the following fees based on UCA’s Statement of Fees:
  8. Radio Network Fees: Licensee shall pay UCA the rate per radio user fee identified by UCA’s Statement of Fees, unless exempt under Utah Code 63H-7a-404(3).
  9. Support Services Fees: If Licensee needs UCA to perform any other services the support service fee is:
    1. Monday through Friday (excluding State Holidays), 8 a.m. to 5 p.m.: $110 per hour.
    2. All other dates and times: $163 per hour.
  10. Materials and equipment acquired by UCA: Cost plus 30%.
  11. Programming of end-user radio equipment (handheld and portable radios): $10 per radio. A separate MOU identifying the services will need to be signed.
  12. Payment Terms: Payment for all services and fees shall be made by the Licensee to UCA within thirty (30) days of UCA’s issuance of an invoice or completion of services, whichever is later. Any amount not paid when due is subject to late interest at the lesser of 2.5% per month or the maximum rate allowed by law. Failure to make timely payments may result in termination in accordance with the terms of this Agreement.

Licensee must provide UCA with a person for billing.  Failure to pay an invoice may result in the termination of the Licensee’s use of the Network.

  1. Radio List: UCA shall maintain a list of the number of unique radio IDs that Licensee has on its Network. If Licensee believes that the number is incorrect then Licensee is responsible for notifying UCA to correct the number of radio IDs.
  2. Deprogram Radios: Licensee is responsible to contact UCA to have radios deprogramed from the Network.
  3. Termination or Suspension: UCA may terminate or suspend Licensee’s access to the Network, and/or terminate the access, if required by law, or if UCA has objective reason to believe Licensee has used the Network in violation of any provision of this Terms of Use or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Network.
  4. Radios: Licensee will immediately notify UCA if a radio is lost or stolen, so that UCA can inhibit the use of the radio on the Network.
  5. Laws and Regulations: Licensee shall comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements. If this Agreement is funded by federal funds, either in whole or in part, then any federal regulation related to the federal funding will control and the Licensee shall comply with those regulations.
  6. Permits: The Licensee shall procure and pay for any permits, licenses, and approvals necessary for the execution of this Agreement.
  7. Relationship of Parties: UCA and Licensee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of each other.
  8. Limitation of Liability: UCA is an independent agency of the State of Utah and is entitled to certain governmental immunities under Utah law. This Agreement does not waive and nothing in this Agreement is intended to waive any of these immunities or the procedures required for pursing claims against UCA.
  9. Indemnification: Licensee agrees to indemnify and hold harmless UCA from any claims, losses, or damages arising out of Licensee's use of the Network.
  10. Amendments: UCA may amend these Terms of Use at any time with notice to the Licensee.
  11. Public Information: The Licensee agrees that its access into the Network, and any related invoices or payments are public documents and may be available for public and provide distribution in accordance with Utah laws.
  12. Force Majeure: The parties will not be liable for delay or default caused by fire, riot, act of God, or war that is beyond the Parties’ reasonable control.
  13. Attorney’s Fees: In the event of any judicial action to enforce rights under this Agreement, UCA shall be entitled its costs and expenses, including reasonable attorney's fees incurred in connection with such action.
  14. Governing Law: The terms, conditions, covenants, and agreements herein shall be governed, construed, and controlled according to the laws of the state of Utah. Any action or proceeding arising from this Agreement shall be brought in a court of competent jurisdiction in the State of Utah. The venue shall be Salt Lake City, in the Third Judicial District Court for Salt Lake County.
  15. Entire Agreement: By using the Network, Licensee agrees that this Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof; provided, however, that these Terms of Use shall not supersede any prior written agreement between the Parties specifically addressing the same subject matter. In the event of a conflict between these Terms of Use and any such prior written agreement, the terms of the prior written agreement shall control.

 

Dated: 2/27/2026