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2.5 "City Council" means the Everett City Council, or its successor, the governing body of the
<br /> City of Everett.
<br /> 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. For the purposes of this franchise the term
<br /> Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities," all as defined
<br /> by RCW 80.36.375, macrocell facilities, including towers and major above ground utility and
<br /> communication facilities, both as defined by chapter 19.04 EMC, which provide personal
<br /> wireless services, and other similar facilities used for the provision of "personal wireless
<br /> services" as defined by RCW 80.36.375. Collectively, all such facilities may be referred to
<br /> 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 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 is performed by a third party or
<br /> independent contractor, "fully allocated cost" shall be the proportional share of the amount
<br /> charged by the third 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 /> 2.11 "GAAP" means generally accepted accounting principles.
<br /> 2.12 "Grantee" means MCIMETRO ACCESS TRANSMISSION SERVICES CORP., or its lawful
<br /> successor, transferee or assignee.
<br /> 2.13 "Gross Revenues" means any and all revenue derived by Grantee or its Affiliates, as
<br /> determined in accordance with generally accepted accounting principles and applicable law, from
<br /> the operation of Grantee's Telecommunications System.
<br /> 2.14 "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
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