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2.6 "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and
<br />other 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
<br />provisions of the authorization granted, including references, specifications, requirements and
<br />other related matters.
<br />2.9 "Franchise Area" means the area within the jurisdictional boundaries of the City,
<br />including 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 Mobilitie, LLC, or its lawful successor, transferee or assignee.
<br />2.13 "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 />2.14 "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
<br />placement of only additional ducts, conduit or related structures for the City. Incremental costs
<br />do not include a profit.
<br />2.15 "Open Video System" means a facility consisting of a set of transmission paths and
<br />associated signal generation, reception and control equipment that is designed to provide Cable
<br />Service which includes video programming and which is provided to multiple subscribers within
<br />a community, provided that the Federal Communications Commission has certified that such
<br />system complies with 47 CFR 76.1500 et seq.
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