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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, including 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 term 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 terminated 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 term, 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
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