|
or in part unless the Person to whom the Facilities will be transferred has first been granted a
<br />franchise by the City. By way of example and not limitation, Grantee may lease dark fiber which
<br />is part of its Facilities, to third parties who are not granted a franchise by the City, provided that
<br />Grantee maintains day-to-day physical control over the leased dark fiber.
<br />3.2. Use of Rights -of -Way
<br />A. Subject to the City's supervision and control, Grantee may erect, install construct, repair, replace,
<br />reconstruct, operate, maintain, upgrade, remove, excavate, dig, restore, and retain in, on over, under,
<br />upon, across, above, below, through, and along the Rights -of -Way within the Franchise Area
<br />Facilities for the operation of Telecommunication Services within the City.
<br />B. Except to the extent City requirements are prohibited by applicable law, including RCW
<br />35.99.040 limiting the regulation of the use of the Rights -of -Way, Grantee must follow City
<br />requirements for placement of Facilities in Rights -of -Way, including the specific location of Facilities
<br />in the Rights -of -Way, and must in any event install Facilities in a manner that minimizes interference
<br />with the use of the Rights -of -Way by others, includmg others that may be installing communications
<br />facilities. The City may require that Facilities be installed at a particular time, at a specific place or
<br />in a particular manner as a condition of access to a particular Right -of -Way, may deny access if
<br />Grantee is not willing to comply with City's lawful requirements; and may remove, or require removal
<br />of, any Facility that is not installed in compliance with the requirements established by the City, or
<br />which is installed without prior City approval of the time, place or manner of installation, and charge
<br />Grantee for all the costs associated with removal• and may require Grantee to cooperate with others
<br />to minimize adverse impacts on the Rights -of -Way through joint trenching and other arrangements.
<br />With regard to its management of the Rights -of -Way, the City shall treat the Grantee and other users
<br />of the Rights -of -Way in a competitively neutral and nondiscriminatory manner in accordance with
<br />applicable law.
<br />C. The granting of this Franchise is not a substitute for any other City required approvals to
<br />construct Franchisee's Facilities in the Rights -of -Way. The parties agree that such City approvals
<br />(except Right -of -Way use permits as described in Section 8 3) are not considered use permits, as
<br />that teen is defined in RCW 35.99.010. Therefore, with the exception of permits described in
<br />Section 8 3, City approvals are not subject to the thirty (30) day issuance requirement described in
<br />RCW 35.99.030.
<br />3.3. Effective Date and Term of Franchise
<br />A. This Franchise and the rights, privileges and authority granted hereunder shall take effect upon
<br />effectiveness of the franchise ordinance adopted by City Council (the "Effective Date") and
<br />acceptance by Grantee, and shall terminate ten (10) years later on the tenth anniversary of the
<br />Effective Date, unless teilninated sooner as hereinafter provided.
<br />B. At any time not more than two (2) years nor less than one hundred eighty (180) days before the
<br />expiration of the current Franchise tern, Grantee may make a written request and City may consider,
<br />in accordance with then -applicable laws, including without limitation, Title 13 of the Everett Charter,
<br />renewing this Franchise for two (2) additional five (5) year renewal periods.
<br />{DPK2242501.DOCX;4/13113.000007/ }
<br />Wireline Franchise 8 of 30
<br />
|