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base stations and other similar facilities (except for fiber optic cables) used for the <br />provision of "personal wireless services" as defined by RCW 80.36.375. <br />(b) Public "Rights -of -Way" means land acquired or dedicated to the public or <br />that is hereafter dedicated to the public and maintained under public authority, <br />including, but not limited to, public streets or roads, highways, avenues, lanes, <br />alleys, bridges, sidewalks, utility easements and similar public property located <br />within the franchise area but does not include: State highways; land dedicated for <br />road, streets, highways not opened and not improved for motor vehicle use by the <br />public; structures including poles and conduits located within the right-of-way; <br />federally granted trust lands or forest board trust lands; lands owned or managed <br />by the State Parks and Recreation Commission; federally granted railroad rights - <br />of -way acquired under 43 USC § 912 and related provisions of federal law that are <br />not open for vehicular use; or leasehold or City -owned property to which the City <br />holds fee title or other title and which is utilized for park, utility or a governmental <br />or proprietary use (for example, buildings, other City -owned physical facilities, <br />parks, poles, conduits, fixtures, real property or property rights owned or leased by <br />the City not reserved for transportation purposes). <br />Section 2. Authority Limited to Occupation of the Public Rights -of -Way <br />Section 2.1. The authority granted pursuant to this Franchise is a limited <br />authorization to occupy and use the Rights -of -Way throughout the City (the "Franchise <br />Area"). No right to install any facility, infrastructure, wires, lines, cables, or other <br />equipment, on any City property other than a Right -of -Way, or upon private property <br />without the owner's consent, or upon any public or privately owned utility poles or conduits <br />is granted herein. Franchisee hereby represents that it expects to provide the following <br />services within the City: high speed data and fiber optic services, internet protocol -based <br />services, internet access services, conduit and dark fiber leasing, telephone, exchange <br />access service, data transport and other telecommunications and information services <br />(the "Services"). Nothing contained herein shall be construed to grant or convey any right, <br />title, or interest in the Rights -of -Way of the City to the Franchisee other than for the <br />purpose of providing the Services, nor to subordinate the primary use of the Right -of -Way <br />Page 2 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />6 <br />