|
1.2 "City" means the City of Everett, Washington.
<br /> 1.3 "Effective Date" means the date that Metricom files written acceptance of this
<br /> Franchise with City's City Clerk.
<br /> 1.4 "FCC" means the Federal Communications Commission.
<br /> 1.5 "Fee" means any assessment, license, charge, fee, imposition, tax (but
<br /> excluding any utility users' tax or franchise fee), or levy lawfully imposed by any
<br /> governmental body.
<br /> 1.6 "Franchise" means the terms under which Metricom is permitted to attach,
<br /> install, operate, maintain, remove, reattach, reinstall, relocate, and replace the Radios in the
<br /> Public Right of Way as provided below.
<br /> 1.7 "Gross Revenues" means the gross dollar amount accrued on Metricom's books
<br /> for Services provided to its customers with billing addresses in the City, excluding (i) the
<br /> franchise fee required by Section 4.3 below, (ii) local, state, or federal taxes collected by
<br /> Metricom that have been billed to the subscriber and separately stated on such bill, and (iii)
<br /> revenue uncollectible from subscribers (i.e., bad debts) with billing addresses in the City that
<br /> were previously included in Gross Revenues.
<br /> 1.8 "Law" or "Laws" means any and all judicial decisions, statutes, constitutions,
<br /> ordinances, resolutions, regulations, rules, tariffs, administrative orders, certificates, orders,
<br /> or other requirements of the City or other Agency having joint or several jurisdiction over the
<br /> parties to this Franchise, in effect either at the time of adoption of this Franchise or at any time
<br /> during the presence of Radios in the Public Right-of-Way.
<br /> 1.9 "Metricom" means Metricom, Inc., a corporation duly organized and existing
<br /> under the laws of the State of Delaware, and its lawful successors, assigns, and transferees.
<br /> 1.10 "PUC" means the Washington Public Utilities Commission.
<br /> 1.11 "Person" means an individual, a corporation, a limited liability company, a
<br /> general or limited partnership, a sole proprietorship, a joint venture, a business trust, and any
<br /> other form of business association.
<br /> 1.12 "Provision" means any agreement, clause, condition, covenant, qualification,
<br /> restriction, reservation, term, or other stipulation in this Franchise that defines or otherwise
<br /> controls, establishes, or limits the performance required or permitted by either party to this
<br /> 2
<br />
|