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2.6 "Facilities" means all of the equipment, fixtures, appurtenances, antennas, and other facilities
<br />in the public rights -of -way necessary to furnish and deliver Telecommunications Services,
<br />including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits,
<br />ducts, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and
<br />all attachments, appurtenances, and appliances and other items necessary, convenient, or in any
<br />way incidental to any of the foregoing for the distribution and use of Telecommunications
<br />Services. For the purposes of this Franchise the term Facilities excludes "microcell" facilities,
<br />"minor facilities," "small cell facilities," all as defined by RCW 80.36.375, macrocell facilities,
<br />including towers and major above ground utility and communication facilities, both as defined by
<br />chapter 19.04 EMC, which provide personal wireless services, and other similar facilities used for
<br />the provision of ` personal wireless services" as defined by RCW 80.36.375, all of which may be
<br />referred to herein as "personal wireless facilities. '
<br />2.7 "FCC" means the Federal Communications Commission.
<br />2.8 "Franchise" means the document in which this definition appears, i.e., this ordinance and
<br />contractual agreement, executed between the City and Grantee, containing the specific provisions
<br />of the authorization granted, including references, specifications, requirements and other related
<br />matters.
<br />2.9 "Franchise Area" means the area within the jurisdictional boundaries of the City, including
<br />any areas annexed by the City during the term of this Franchise.
<br />2.10 "Fully Allocated Costs" means the City's proportionate share of all direct and indirect costs,
<br />including interest on debt or return on investment, of constructing, relocating or placing additional
<br />ducts, conduit or related structures by Grantee for the City alongside or together with ducts, conduit
<br />or structures by and for Grantee. If the construction, relocation, or placing of additional ducts,
<br />conduit or related structures by Grantee is performed by a third party or independent contractor,
<br />"fully allocated cost' shall be the proportional share of the amount charged by the third party or
<br />independent contractor to, and paid by, Grantee together with a reasonable charge by Grantee for
<br />administration of the contract and work by the third party or independent contractor.
<br />2.11 "GAAP" means generally accepted accounting principles.
<br />2.12 "Grantee" means LEVEL 3 Co CATIONS, LLC, or its lawful successor, transferee or
<br />assignee.
<br />2.13 "Gross Revenues" means gross receipts derived from Grantee's intrastate toll telephone
<br />services in the City subject to tax as further set forth in applicable law, including RCW 35.21.714.
<br />2.14 "Incremental Costs" means the direct and actual costs of materials, supplies and construction
<br />which would not have been incurred by Grantee but for the specific construction or placement of
<br />only additional ducts, conduit or related structures necessary to access the conduit for the City
<br />subject to apphcable law, including RCW 35.99.070 Incremental costs do not include a profit
<br />2.15 "Open Video System" means a facility consisting of a set of transmission paths and associated
<br />signal generation, reception and control equipment that is designed to provide Cable Service which
<br />includes video programming and which is provided to multiple subscribers within a community,
<br />{DPK2242501.DOCX;4/13113.000007/ }
<br />Wireline Franchise 5 of 30
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