by the Federal Communications Commission. The following types of associated equipment are not
<br />included in the calculation of equipment volume: electric meter, concealment, telecommunications
<br />demarcation boxes, ground -based enclosures, back -up power systems, grounding equipment, power
<br />transfer switches, cut -off switches, and vertical cable runs for the connection of power and other services.
<br />Small Cell Facilities include, but are not limited to, Micro - Wireless Facilities.
<br />"State" or "Commonwealth" means the Commonwealth of Virginia.
<br />"Underground facilities" means utility or Wireless Facilities located under the surface of the ground,
<br />excluding the underground foundations or supports for Overhead facilities.
<br />"Utility pole" means a structure owned, operated, or owned and operated by a public utility, local
<br />government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or
<br />wires for communications, cable television, or electricity.
<br />"Wireless Facility" or "Facilities" means equipment at a fixed location that enables wireless services
<br />between user equipment and a communications network, including (i) equipment associated with wireless
<br />services, such as private, broadcast, and public safety services, as well as unlicensed wireless services
<br />and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or
<br />fiber -optic cable, regular and backup power supplies, and comparable equipment, regardless of
<br />technological configuration. Wireless Facilities include, but are not limited to, Small Cell Facilities and
<br />Micro - Wireless Facilities.
<br />"Wireless Facilities Franchise" means the non - exclusive, revocable license granted to Grantee in this
<br />Agreement to use the Public ways of the City for the purposes of constructing, installing, using,
<br />maintaining testing, inspecting, operating, repairing, and removing Wireless Facilities pursuant to and in
<br />accordance with this Agreement.
<br />"Wireless Infrastructure Provider" means any person, including a person authorized to provide
<br />communications service in the state, that builds or installs transmission equipment, Wireless Facilities, or
<br />Wireless Support Structures, but that is not a Wireless Services Provider.
<br />"Wire less Services" means (i) "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i); (ii)
<br />"personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercial
<br />mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices
<br />through Wireless Facilities; and (iii) any other fixed or mobile wireless service, using licensed or
<br />unlicensed spectrum, provided using Wireless Facilities.
<br />"Wireless Services Provider" means a provider of wireless services.
<br />"Wireless Support Structure" means a freestanding structure, such as a pole, monopole, tower, either
<br />guyed or self - supporting, or suitable Existing structure or alternative structure designed to support or
<br />capable of supporting Wireless Facilities. "Wireless Support Structure" does not include any telephone or
<br />electrical Utility pole or any tower used for the distribution or transmission of electrical service.
<br />Section 4. Grantee's Authority. Grantee warrants and represents that it has obtained all
<br />necessary and appropriate authority and approval from all applicable federal and state agencies or
<br />authorities to provide all Wireless Facilities and Wireless Services it intends to provide within the City and
<br />upon request by the City will provide evidence of such authority.
<br />Section 5. Franchise Only. Grantee acknowledges and agrees that all Grantee is granted by this
<br />Agreement is a non - exclusive Wireless Facility Franchise and that no other rights of any kind are granted
<br />by this Agreement, including but not limited to any right to provide any type of cable television services or
<br />video programming, or to place facilities for such services within the Public ways.
<br />Section 6. Nature of Rights Granted. Subject to the terms and conditions hereof, Grantee is
<br />granted the right to:
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