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"Co- locate" means to install, mount, maintain, modify, operate, or replace a wireless facility on, under,
<br />within, or adjacent to a base station, building, Existing structure, Utility pole, or Wireless Support
<br />Structure. "Co- location" has a corresponding meaning.
<br />"Conduit" means any materials such as the metal or plastic pipe that protects wire, cable, lines, fiber
<br />optic cable, or other technology for the provision of Wireless Service.
<br />"Duct" means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber optic cable, or
<br />other technology for the provision of Wireless Service.
<br />"Existing structure" means any structure within a Public way that is installed or approved for installation
<br />at the time a Wireless Services Provider or wireless infrastructure provider provides notice to the City of
<br />an agreement with the owner of the structure to Co- locate equipment on that structure. "Existing
<br />structure" includes any structure within a Public way that is currently supporting, designed to support, or
<br />capable of supporting the attachment of Wireless Facilities, including towers, buildings, Utility poles, light
<br />poles, flag poles, signs, and water towers.
<br />"Effective Date" means the date on which this Agreement has been fully executed by all the parties.
<br />"FCC" or 'Federal Communications Commission" means the Federal administrative agency, or lawful
<br />successor, authorized to regulate and oversee Wireless Service Providers on a national level.
<br />"Maintenance" means any effort or expenditure taken or made by Grantee to preserve, repair, or
<br />improve existing Wireless Facilities or infrastructure in accordance with generally accepted industry
<br />standards.
<br />"Micro- Wireless Facility" means a small cell facility that is not larger in dimension than 24 inches in
<br />length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer
<br />than 11 inches.
<br />"Overhead facilities" means Utility poles, public utility facilities and Wireless Facilities located above the
<br />surface of the ground, including the underground supports and foundations for such facilities.
<br />"Person" means any natural person, corporation, company, association, joint stock company or
<br />association, firm, partnership, limited liability company, joint venture, trust, individual and any other legally
<br />recognized entity, private or public, whether for profit or not - for - profit and includes the officers, agents,
<br />employees or representatives of such entity where appropriate.
<br />"Public street" means the surface of and the space above and below any public street, road, highway,
<br />avenue, sidewalk, way, bridge, viaduct, alley or other public right -of -way, including non -paved surfaces,
<br />now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting,
<br />power distribution, water or sewer easements or similar public use.
<br />"Public way" means and includes all Public streets now or hereafter held or controlled by the City, but
<br />only to the extent of the City's right, title, interest or authority to grant a License to occupy and use such
<br />streets and easements for communications facilities.
<br />"Replacement Utility Pole" means a new Utility pole installed by an agreement between Grantee and
<br />the owner of an existing Utility pole pursuant to which the Grantee removes the existing pole and replaces
<br />it with the new pole in substantially the same location, with the ownership of the new pole vesting in the
<br />owner of the existing pole.
<br />"Small Cell Facility" means a Wireless Facility that meets both of the following qualifications: (i) each
<br />antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an
<br />antenna that has exposed elements, the antenna and all of its exposed elements could fit within an
<br />imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with
<br />the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established
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