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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 facilities
<br /> in the public rights-of-way necessary to furnish and deliver Telecommunications Services using
<br /> Small Cell Facilities over a Small Cell Network. Facilities may include, transmitters, receivers,
<br /> equipment boxes, back-up power supplies, power transfer switches, cut-off switches, electric
<br /> meters,telcom demarcation boxes, antennas,remote radio units,wires, lines, conduit, coaxial and
<br /> fiber optic cables and associated conduits, and related equipment, anchors, and all attachments,
<br /> appliances,and other items necessary,convenient,or in any way incidental to any of the foregoing
<br /> for the distribution and use of Telecommunications Services,including shrouding and concealment
<br /> items. For the purposes of this Franchise the term Facilities excludes "microcell" facilities and
<br /> "minor facilities," as defined by RCW 80.36.375, and macrocell facilities and towers (as the term
<br /> "towers"is defined by Chapter 19.04 EMC). For purposes of this Franchise,the term"macrocell"
<br /> means an antenna or antennas mounted on a tower, monopole, ground-based mast, rooftop, or
<br /> other types of towers or structures at heights typically between 60-200 feet.
<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 costs,
<br /> including interest on debt or return on investment, of constructing,relocating or placing additional
<br /> ducts,conduit or related structures by Grantee for the City alongside or together with ducts,conduit
<br /> or structures by and for Grantee. If the construction, relocation, or placing of additional ducts,
<br /> conduit or related structures by Grantee is performed by a third party or independent contractor,
<br /> "fully allocated cost" shall be the proportional share of the amount charged by the third party or
<br /> independent contractor to, and paid by, Grantee,together with a reasonable charge by Grantee for
<br /> administration of the contract and work by the third party or independent contractor.
<br /> 2.11 "GAAP" means generally accepted accounting principles.
<br /> 2.12 "Grantee" means Seattle SMSA Limited Partnership, a Delaware limited partnership, d/b/a
<br /> Verizon Wireless or its lawful successor,transferee or assignee.
<br /> Seattle SMSA Limited Partnership
<br /> (Verizon Wireless)
<br /> Small Cell Franchise 5 of 33
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