Ordinance 3538-17 - Laserfiche WebLink

placement of only additional ducts, conduit or related structures for the City. Incremental costs do not include a profit. 2.15 "Open Video System" means a facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple subscribers within a community, provided that the Federal Communications Commission has certified that such system complies with 47 CFR 76.1500 et seq. 2.16 "Person" means any individual, sole proprietorship, partnership, limited liability company, association, or corporation, or any other form of entity or organization. 2.17 "Right-of-Way" means land acquired or dedicated for public roads and streets, including alleys, bridges, and sidewalks, but does not include: (a) state highways; (b) land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (c) structures, including poles and conduits, located within the right-of-way; (d) federally granted trust lands or forest board trust lands; (e) lands owned or managed by the state parks and recreation commission; or (f) federally granted railroad rights-of-way acquired under 43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle use. 2.18 "State" means the State of Washington. 2.19 "Subscriber" means any Person who or which purchases, leases, rents, obtains or subscribes to Telecommunications Service provided by Grantee by means of or in connection with the Grantee's Telecommunications System. 2.20 "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received(as provided in 47 U.S.C. §153(43)). 2.21 "Telecommunications Service" means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the Facilities used (as provided in 47 §U.S.C. 153(46)). Telecommunication Service does not include Cable Service or an Open Video System. 2.22 "Telecommunications System" shall mean Facilities used to provide Telecommunications Service, internet access, private line services or Telecommunications distribution services. 3. GRANT OF FRANCHISE 3.1. Grant A. The City hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights-of-Way (and only the Rights-of-Way) within the City to construct, operate, maintain and reconstruct a Telecommunications System for the limited purpose of providing Telecommunications Services, internet access, private line services and Telecommunications distribution services subject to the terms and conditions set forth in this 6of31