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2.3 "Cable Service" means (a) the one-way transmission to subscribers of(i) video programming,
<br /> or (ii) other programming service, and (b) subscriber interaction, if any, which is required for the
<br /> selection or use of such video programming or other programming service.
<br /> 2.4 "City" is the City of Everett, Washington, a body politic and corporate under the laws of the
<br /> State of Washington, and all of the area within its boundaries, as such may change from time to
<br /> time.
<br /> 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 equipment, fixtures, appurtenances, antennas, and other
<br /> facilities in the public rights-of-way necessary to furnish and deliver Telecommunications
<br /> Services using Small Cell Facilities over a Small Cell Network. Facilities may include,
<br /> transmitters, receivers, equipment boxes, back-up power supplies, power transfer switches, cut-
<br /> off switches, electric meters, telcom demarcation boxes, antennas, remote radio units, wires,
<br /> lines, conduit, coaxial and fiber optic cables and associated conduits, and related equipment,
<br /> anchors, and all attachments, appliances, and other items necessary, convenient, or in any way
<br /> incidental to any of the foregoing for the distribution and use of Telecommunications Services,
<br /> including shrouding and concealment items. For the purposes of this Franchise the term
<br /> Facilities excludes "microcell" facilities and "minor facilities," as defined by RCW 80.36.375.
<br /> For the purposes of this Franchise the term Facilities also excludes macrocell facilities, including
<br /> towers and major above ground utility and communication facilities, both as defined by chapter
<br /> 19.04 EMC, which provide "personal wireless 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 and
<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 /> New Cingular Wireless PCS,LLC
<br /> Small Cell Franchise 5 of 33
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