|
7. "Dispute" shall mean a question or controversy that arises between the
<br />Parties concerning the observance, performance, interpretation, or implementation of any
<br />of the terms, provisions, or conditions contained in this Franchise or the rights or obligations
<br />or either Party under this Franchise.
<br />8. "Emergency" shall mean and refer to a sudden condition or set of
<br />circumstances that: (a) significantly gtsruptcheruuts or interrupLinterruuts the operation of
<br />Facilities in the Public Rights -of -Way and Franchisee's ability to continue to provide services
<br />if immediate action is not taken;,, or (b) present an immediate threat of harm to persons or
<br />property if immediate action is not taken.
<br />- 9. "Facility" or "Facilities" means any part or all of the facilities, equipment,
<br />and appurtenances of Franchisee whether underground or overhead and located within the
<br />Public Rights -of -Way as part of the Franchisee's Network, including but not limited to, radios,
<br />antennas, transmitters, wires, fiber optic cables, Small„ Cells, and other wireless
<br />transmission devices (collectively, "Transmission Media") attached, mounted, or installed on
<br />an existing utility pole located in the Public Rights -of -Way dor the purpose of providing
<br />wireless, Wi-Fi, voice, data, messaging, or similar type of wireless service now or in the
<br />future offered to the public in general using spectrum radio frequencies, whether or not
<br />licensed by the Federal -c"° iun c'tic;nComm Commission (`'FCC")._ "Facility" or
<br />"Facilities" also means the control boxes, meters, electlig meter pedestals, cables, conduit,
<br />power sources, poles and replacement poles and other equipment, structures, plant, and
<br />appurtenances between the Transmission Media and the point where the Facility terminates
<br />and interconnects with broadband backhauil,trant'tssisn`facilities.
<br />fit. 10. "Franchise" shalt meanthe grant giving general permission to
<br />Franchisee to enter into and upon the Public Rights -of -Way to use and occupy the same for
<br />the purposes authorized herlu'u, all pursuant and subject to the terms and conditions as set
<br />forth herein.
<br />11. " s)" sV Nl ru an all present and future applicable st- 4e&
<br />,eonsttutionslaws, ctrttnances, Rides, regulations, resolutions, environmental standards,
<br />, ..,c ons; i t t rdo: , orders, decrees and requirements of the City -all
<br />al, state, and local cl°til a lents, the departments, bureaus, or commissions thereof,
<br />or other governmental g� ' '. ha ,-j sdiction -o,.-. th. Pc't csauthorties, including the
<br />n
<br />a ,c v ed_
<br />� � � Laws steal! be interpre�edbroadlvto
<br />City actino in its governmental capacity. References to LaITITITm_ ..___
<br />cover government actions however nominated.
<br />Ath 12. "Network" shall mean collectively the network of Facilities Constructed
<br />by or for and managed by Mobilitie within the Public Rights -of -Way for the provision of the
<br />Services.
<br />N-: 13. "Party(ies)" shall mean either the City or the Franchisee or both.
<br />14. "Permit"
<br />underregulatory
<br />............. authority
<br />...�theCiy . „ at
<br />provides specific egui em issued
<br />ents and cond tions foWork to ConttuctFaFacilities wthit
<br />n 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 />W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18
<br />CKbjs: LH
<br />Page 3 of 24
<br />225
<br />
|