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2.20 "Telecommunications" means the transmission, between or among points specified by the <br /> user, of information of the user's choosing, without change in the form or content of the <br /> information as sent and received (as provided in 47 U.S.C. §153(43)). <br /> 2.21 "Telecommunications Service" means the transmission of information by wire, radio, <br /> optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general <br /> public. For the purpose of this subsection, "information" means knowledge or intelligence <br /> represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the <br /> purpose of this chapter, telecommunications service excludes the over-the-air transmission of <br /> broadcast television or broadcast radio signals.] <br /> 2.22 "Telecommunications System" shall mean Facilities used to provide Telecommunications <br /> Service. <br /> 3. GRANT OF FRANCHISE <br /> 3.1. Grant <br /> A. The City hereby grants to Grantee a nonexclusive authorization to make reasonable and <br /> lawful use of the Rights-of-Way (and only the Rights-of-Way) within the City to construct, <br /> operate, maintain and reconstruct a Telecommunications System for the limited purpose of <br /> providing Telecommunications Services using Small Cell Facilities. This Franchise does not <br /> convey any right to Grantee to install its Facilities other than in the Franchise Area and in <br /> accordance with this Franchise, nor does it convey any right to Grantee to install its Facilities, in <br /> any manner whatsoever, outside of the City Rights-of-Way. In order to provide any other <br /> services over the Facilities or to provide Facilities outside of the Franchise Area, the Grantee <br /> shall be required to obtain any additional governmental authorization(s) required by federal, State <br /> or local law. Such governmental authorizations, may include, but are not limited to, seeking a <br /> telecommunications franchise from the City or amending this Franchise. <br /> B. Each and every term, provision or condition herein is subject to the provisions of state law, <br /> federal law, the City Charter and City ordinances and regulations. As provided by Everett City <br /> Charter §13.4, this Franchise shall be subject to the right of the City Council, or the people of the <br /> City acting for themselves by initiative and referendum, at any time, subsequent to the grant, to <br /> repeal, amend or modify the Franchise with due regard to the rights of the Grantee and the interest <br /> of the public; and to cancel, forfeit and abrogate any such grant if the Franchise granted hereby is <br /> not operated in full accordance with its provisions, or at all; and at any time during the grant to <br /> acquire, by purchase or condemnation, for the use of the City itself, all the property of the Grantee <br /> within the limits of the public streets, at a fair and just value, which shall not include any valuation <br /> of the Franchise itself unless required by law,which shall thereupon terminate. <br /> C. This Franchise shall not be interpreted to prevent the City from imposing additional lawful <br /> conditions, including additional compensation conditions for use of the Rights-of-Way, should <br /> Grantee provide service other than Telecommunications Service. <br /> New Cingular Wireless PCS,LLC <br /> Small Cell Franchise 7 of 33 <br />