Ordinance 3610-18 - Laserfiche WebLink

2.12 "Grantee" means New Cingular Wireless PCS, LLC, or its lawful successor, transferee or assignee. 2.13 "Gross Revenues" means any and all revenue derived by Grantee or its Affiliates, as determined in accordance with generally accepted accounting principles and applicable law, from the operation of Grantee's Telecommunications System. 2.14 "Incremental Costs" means the direct and actual costs of materials, supplies and construction which would not have been incurred by Grantee but for the specific construction or 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 "Small Cell Facility" means a "small cell facility" as defined by RCW 80.36.375(2)(d) as now enacted or subsequently amended. Currently, RCW 80.36.375(2)(d) provides that a Small Cell Facility is a personal wireless services facility that meets both of the following qualifications: (a) Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and (b) Primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: Electric meter, concealment, telecomm demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment,power transfer switch, and cut-off switch. 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. New Cingular Wireless PCS,LLC Small Cell Franchise 6 of 33