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2.13 "Gross Revenues"means any and all revenue derived by Grantee or its Affiliates,as determined
<br /> in accordance with generally accepted accounting principles and applicable law, from the operation
<br /> of Grantee's Telecommunications System.
<br /> 2.13 "Incremental Costs"means the direct and actual costs of materials, supplies and
<br /> construction which would not have been incurred by Grantee but for the specific construction or
<br /> placement of only additional ducts, conduit or related structures for the City. Incremental costs
<br /> do not include a profit.
<br /> 2.14 "Laws"(both capitalized and not capitalized)means any applicable federal, state, local or
<br /> municipal code, charter, statute, ordinance, decree, executive order, governmental approval,
<br /> permit,regulation, regulatory program, order, rule, published specification, public standard, or
<br /> governmental authority.
<br /> 2.15 "Open Video System" means a facility consisting of a set of transmission paths and associated
<br /> signal generation, reception and control equipment that is designed to provide Cable Service which
<br /> includes video programming and which is provided to multiple subscribers within a community,
<br /> provided that the Federal Communications Commission has certified that such system complies with
<br /> 47 CFR 76.1500 et seq.
<br /> 2.16 "Person" means any individual, sole proprietorship, partnership, limited liability company,
<br /> association, or corporation, or any other form of entity or organization.
<br /> 2.17 "Right-of-Way" means land acquired or dedicated for public roads and streets, including
<br /> streets,roadways,highways, avenues, lanes, alleys,bridges,and sidewalks, shoulders, landscaped
<br /> areas between sidewalks and shoulders or curbs,but does not include: (a) state highways; (b) land
<br /> dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by
<br /> the public; (c) structures, including poles and conduits, located within the right-of-way; (d)
<br /> federally granted trust lands or forest board trust lands; (e) lands owned or managed by the state
<br /> parks and recreation commission;or(f)federally granted railroad rights-of-way acquired under 43
<br /> U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle use.
<br /> 2.18 "Small Cell Facility" means a "small cell facility" as defined by RCW 80.36.375(2)(d), as
<br /> now enacted or subsequently amended. Currently, RCW 80.36.375(2)(d) provides that a Small
<br /> Cell Facility is a personal wireless services facility that meets both of the following qualifications:
<br /> (a) each antenna is located inside an antenna enclosure of no more than three cubic feet in volume
<br /> or,in the case of an antenna that has exposed elements,the antenna and all of its exposed elements
<br /> could fit within an imaginary enclosure of no more than three cubic feet; and (b) primary
<br /> equipment enclosures are no larger than seventeen cubic feet in volume. The following associated
<br /> equipment may be located outside the primary equipment enclosure and if so located, are not
<br /> included in the calculation of equipment volume: electric meter, concealment, telecomm
<br /> demarcation box,ground-based enclosures,battery back-up power systems, grounding equipment,
<br /> power transfer switch, and cut-off switch.
<br /> 2.19 "Small Cell Network"means a"small cell network"as defined by RCW 80.36.375(2)(e),
<br /> as now enacted or subsequently amended. Currently, RCW 80.36.375(2)(e)provides that a
<br /> Seattle SMSA Limited Partnership
<br /> (Verizon Wireless)
<br /> Small Cell Franchise 6 of 33
<br />
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