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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 COMMUNICATIONS, 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 applicable 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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