2021/01/27 Council Agenda Packet

provided that the Federal Communications Commission has certified that such system complies with 47 CFR 76.1500 et seq. 2.16 "Person" means any individual, sole proprietorship, partnership, limited liability company, association, or corporation, or any other form of entity or organization. 2.17 "Right -of -Way" means land acquired or dedicated for public roads and streets, including alleys, bridges, and sidewalks but does not include: (a) state or county highways; (b) land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (c) structures, including poles and conduits, located within the right-of-way; (d) federally granted trust lands or forest board trust lands; (e) lands owned or managed by the state parks and recreation commission; (f) private property; or (g) federally granted railroad rights -of - way acquired under 43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle use. 2.18 "State" means the State of Washington. 2.19 "Subscriber" means any Person who or which purchases, leases, rents, obtains or subscribes to Telecommunications Service provided by Grantee by means of or in connection with the Grantee's Telecommunications System. 2.20 "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received (as provided in 47 U.S.C. §153(43)). 2.21 "Telecommunications Service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public For the purpose of this subsection, "information" means knowledge or intelligence represented by any foam of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over -the -air transmission of broadcast television or broadcast radio signals (as provided in RCW 35.99.010(7)). 2.22 "Telecommunications System" shall mean Facilities used to provide Telecommunications Service. 3. GRANT OF FRANCHISE 3.1. Grant A. The City hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights -of -Way (and only the Rights -of -Way) within the City to construct operate, maintain and reconstruct a Telecommunications System for the limited purpose of providing Telecommunications Services subject to the terms and conditions set forth in this Franchise. This Franchise does not and shall not authorize the construction, operation, maintenance, or reconstruction of personal wireless facilities as a part of the Telecommunications System or otherwise In order to provide any other services over the Facilities, the Grantee shall be required to obtain any additional governmental authorization(s) required by federal, state or local law. Such {DPK2242501.DOCX;4/13113.000007/ } Wireline Franchise 6 of 30