Ordinance 3625-18 - Laserfiche WebLink

Small Cell Network is a collection of interrelated Small Cell Facilities designed to deliver personal wireless services. 2.20 "State" means the State of Washington. 2.21 "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. 2.22 "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received(as provided in 47 U.S.C. §153). 2.23 "Telecommunications Service"means the transmission of information by wire,radio,optical cable,electromagnetic, or other similar means for hire, sale,or resale to the general public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter,telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals. 2.24 "Telecommunications System" shall mean Facilities used to provide Telecommunications Service. 3. GRANT OF FRANCHISE 3.1. Grant A. The City hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights-of-Way (and only the Rights-of-Way) within the City to construct, operate, maintain and reconstruct a Telecommunications System for the limited purpose of providing Telecommunications Services using Small Cell Facilities in a Small Cell Network. This Franchise does not convey any right to Grantee to install its Facilities other than in the Franchise Area and in accordance with this Franchise, nor does it convey any right to Grantee to install its Facilities, in any manner whatsoever, outside of the City Rights-of-Way. In order to provide any other services over the Facilities or to provide Facilities outside of the Franchise Area,the Grantee shall be required to obtain any additional governmental authorization(s) required by federal, state or local law. Such governmental authorizations, may include, but are not limited to, seeking a telecommunications franchise from the City or amending this Franchise. B. Each and every term,provision or condition herein is subject to the provisions of state law,federal law, the City Charter, and City ordinances and regulations. As provided by Everett City Charter §13.4,this Franchise shall be subject to the right of the City Council,or the people of the City acting for themselves by initiative and referendum,at any time, subsequent to the grant,to repeal, amend or modify the Franchise with due regard to the rights of the Grantee and the interest of the public; and to cancel, forfeit and abrogate any such grant if the Franchise granted hereby is not operated in full accordance with its provisions, or at all; and at any time during the grant to acquire, by purchase or condemnation, for the use of the City itself, all the property of the Grantee within the limits of the Seattle SMSA Limited Partnership (Verizon Wireless) Small Cell Franchise 7 of 33