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2.6 "Facilities"means all of the plant, equipment, fixtures, appurtenances, antennas, and other
<br /> Facilities in the public rights of way necessary to furnish and deliver Telecommunications
<br /> Services, including but not limited to poles with crossarms, poles without crossarms, wires, lines,
<br /> conduits, ducts, cables, communication and signal lines and equipment,braces, guys, anchors,
<br /> vaults, and all attachments, appurtenances, and appliances necessary or incidental to the
<br /> distribution and use of Telecommunications Services.
<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 or
<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
<br /> costs, including interest on debt or return on investment, of constructing, relocating or placing
<br /> additional ducts, conduit or related structures by Grantee for the City alongside or together with
<br /> ducts, conduit or structures by and for Grantee. If the construction, relocation, or placing of
<br /> additional ducts, conduit or related structures by Grantee was performed by a third party or
<br /> independent contractor, "fully allocated cost" shall be the proportional share of the amount
<br /> charged by the thirty party or independent contractor to, and paid by, Grantee, together with a
<br /> reasonable charge by Grantee for administration of the contract and work by the third party or
<br /> independent contractor.
<br /> 2.10 "GAAP" means generally accepted accounting principles.
<br /> 2.11 "Grantee"means Advanced TelCom, Inc., dba Advanced TelCom Group, or its lawful
<br /> successor, transferee or assignee.
<br /> 2.12 "Gross Revenues" means all gross revenues received by Grantee or its affiliates from the
<br /> provision of intrastate telephone business activities in the City of Everett, as described in Utility
<br /> Tax below.
<br /> 2.13 "Incremental Costs"means the direct and actual costs of materials, supplies and
<br /> construction which would not have been incurred by Grantee but for the specific construction or
<br /> placement of only additional ducts, conduit or related structures for the City. Incremental costs
<br /> do not include a profit.
<br /> 2.14 "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 /> provided that the Federal Communications Commission has certified that such system complies
<br /> with 47 CFR 76.1500 et seq.
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