2012/11/14 Council Agenda Packet

I 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 each of the following which have been dedicated to the public or are . hereafter dedicated to the public and are maintained under public authority or by others and located within the City: streets,roadways,highways, avenues,lanes,alleys,bridges, sidewalks, easements,rights-of-way and similar public property and areas. 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. 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 within the City to construct,operate,maintain and reconstruct a Telecommunications System for the limited purpose of providing Telecommunications Services, subject to the terms and conditions set forth in this Franchise. In order to provide any other services over the Facilities,the Grantee shall be required to obtain any additional governmental authorization(s)required by federal,State or local law. B. Each and every term,provision or condition herein is subject to the provisions of state law, federal law,the City Charter and City ordinances and regulations. As provided by Everett City Charter§13.4,this Franchise shall be subject to the right of the City Council,or the people of the City acting for themselves by the initiative and referendum,at any time,subsequent to the grant,to repeal,amend or modify the Franchise with due regard to the rights of the Grantee and the interest of the public;and to cancel,forfeit and abrogate any such grant if the Franchise granted hereby is not operated in full accordance with its provisions,or at all;and at any time during the grant to acquire,by purchase or condemnation,for the use of the City itself,all the property of the Grantee 76of 30