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TELECOMMUNICATIONS FRANCHISE <br />Between <br />CITY OF TUKWILA, WASHINGTON <br />and <br />WHOLESAIL NETWORKS, LLC <br />This Telecommunications Franchise is entered into by and between the City of Tukwila, <br />Washington a municipal corporation, hereinafter ("the City") and Wholesail Networks, who <br />is hereinafter known as (the "Franchisee"). The City and Franchisee are sometimes <br />referred to hereinafter collectively as the "parties." <br />Section 1. Franchise Granted. <br />Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to Franchisee <br />a non-exclusive franchise (the "Franchise") under the terms and conditions contained in <br />this franchise ordinance (the "Franchise Ordinance"). <br />Section 1.2. This Franchise grants Franchisee the right, privilege, and authority <br />to construct, operate, maintain, replace, acquire, sell, lease and use all necessary <br />Facilities for a telecommunications network, in, under, on, across, over, through, along or <br />below the public Rights -of -Ways located in the City of Tukwila, as approved pursuant to <br />City permits issued pursuant to this Franchise and in accordance with all applicable <br />federal, state, and local codes. <br />(a) "Facilities" as used in this Franchise means one or more elements of <br />Franchisee's telecommunications network, with all necessary cables, wires, <br />conduits, ducts, pedestals, antennas, electronics, and other necessary <br />appurtenances; provided that placement by Franchisee of new utility poles is <br />specifically excluded unless otherwise specifically approved by the City. <br />Equipment enclosures with air conditioning or other noise generating equipment <br />are also excluded from "Facilities," to the extent such equipment is located in <br />zoned residential areas of the City. For the purposes of this Franchise the term <br />Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities," all as <br />defined by RCW 80.36.375, and "macrocell" facilities, including towers and new <br />Page 1 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />5 <br />