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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO INSTALL, <br />OPERATE, AND MAINTAIN WITHIN THE CITY/COUNTY RIGHTS OF WAY A <br />WIRELESS COMMUNICATIONS SYSTEM FOR THE DISTRIBUTION OF <br />TELEPHONE, TELEPHONIC, VOICE, DATA, TELEMETRY AND SIMILAR <br />SIGNALS USING A COMBINATION OF WIRES, CABLES, FIBER OPTICS <br />AND RADIO FREQUENCY BASED TRANSMITTERS AND RECEIVERS FOR THE <br />PURPOSE OF PROVIDING SERVICE TO COMMERCIAL AND RESIDENTIAL <br />CUSTOMERS FOR A TERM OF FIVE (5) YEARS, PROVIDING CONDITIONS, <br />LIMITATIONS AND REQUIREMENTSr STIPULATING PROTECTIVE AND <br />INDEMNITY PROVISIONS; PROVIDING FOR THE PURCHASE OF THE <br />SYSTEM BY THE CITY/COUNTY; PROVIDING FOR CERTAIN FEES AND <br />FINES PAYABLE TO THE CITY/COUNTY: PROVIDING FOR ACCEPTANCE BY <br />THE GRANTEE; IMPOSING DUTIES ON THE GRANTEE AT THE EXPIRATION <br />OF THE FRANCHISE; LIMITING ASSIGNMENTS, SUB-LEASES AND <br />ENCUMBRANCES; PROVIDING FOR EXTENSION OF THE FRANCHISE; <br />DESCRIBING THE FRANCHISE AREA: PROVIDING FOR THE SEVERABILITY <br />OF PROVISIONS: AND PROVIDING AN EFFECTIVE DATE. <br /> <br />BE IT ORDAINED By the Council of the City/County: <br /> <br />SECTION 1. SHORT TITLE <br />This ordinance shall be known and may be cited as the <br />Wireless Communications System Franchise Ordinance. <br /> <br />SECTION 2. DEFINITIONS <br /> <br />For the purposes of this article and any franchise granted in <br />accordance herewith, the following te~ms, phrases, words and <br />their derivat~ns shall have the meaning given herein unless <br />otherwise specifically provided in this Article or unless the <br />context clearly indicates otherwise or unless such meaning <br />would be inconsistent with the manifest intent of the <br />City/County. <br /> <br />a) "Engineering Department" means the Engineering <br />Department of City/county. <br /> <br />b) ~Wireless Communications System" means any <br />system which uses a form of cellular telephony which allows <br />business and residential customers to access and/or make <br />telephone calls to each other through the Wireless <br />Telecommunications System or over the Public Switched <br />Telephone Network (PSTN) using small cordless telephone <br />devices which communicate with limited range cells <br />(transmitter/receiver sites) connected to a backhaul network. <br /> <br />6 <br />