|
to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings, parks,
<br />poles, conduits, and excluding such similar facilities or property owned, maintained, or
<br />leased by the City in its proprietary capacity or as an operator of a utility.
<br />R. "Public Works Director" shall mean the Public Works Director for the City or
<br />their designee, or such officer or person who has been assigned the duties of public works
<br />director or their designee.
<br />S. "Permit" means a permit issued under the regulatory authority of the City that
<br />provides specific requirements and conditions for Work to Construct Facilities within the
<br />Public Rights -of -Way and includes, but is not limited to: a construction permit, building
<br />permit, street excavation permit, barricade permit, and clearing and grading permit.
<br />T. "Service" or "Services" shall mean has the same meaning as that term is
<br />defined in the United States Code, 47 U.S.C. 153 (53), but shall also mean wireless, Wi-Fi,
<br />voice, data, messaging, or similar type of wireless service now or in the future offered to the
<br />public in general using spectrum radio frequencies, whether or not licensed by the FCC to
<br />the extent not covered by the foregoing definition. "Service" shall also include the offering
<br />of a capability for generating, acquiring, storing, transforming, processing, retrieving,
<br />utilizing, or making available information and content via telecommunications, and
<br />includes electronic publishing, as the same may evolve over time, including, without
<br />limitation, wireless, Wi-Fi, voice, data, messaging, or similar type of wireless service now
<br />or in the future offered to the public in general using spectrum radio frequencies, whether
<br />or not licensed by the FCC.
<br />U. "Small Cell" shall mean the Facilities at a particular location that comprises
<br />part of the Network.
<br />V. "Work" shall mean any and all activities of the Franchisee, or its officers,
<br />directors, employees, agents, contractors, subcontractors, volunteers, invitees, or licensees,
<br />within the Public Rights -of -Way to Construct the Facilities.
<br />Section 2. Non-exclusive Franchise Granted.
<br />A. The City hereby grants to Mobilitie, subject to the conditions prescribed in this
<br />ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and
<br />operate its Facilities necessary for a telecommunications facility within the City -owned
<br />Public Rights -of -Way, generally described as that area within the present and future
<br />boundaries of the City and hereinafter referred to as the "Franchise Area".
<br />B. The foregoing franchise rights and authority ("Franchise") shall not be deemed
<br />to be exclusive to Mobilitie and shall in no way prohibit or limit the City's ability to grant
<br />other franchises, permits, or rights along, over, or under the areas to which this Franchise
<br />has been granted to Mobilitie; provided, that such other franchises do not unreasonably
<br />interfere with Mobilitie's exercise of franchise rights granted herein as determined by the
<br />City. This Franchise shall in no way interfere with existing utilities or in any way limit,
<br />prohibit, or prevent the City from using the Franchise Area or affect the City's jurisdiction
<br />over such area in any way.
<br />137061302.3
<br />45
<br />
|