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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: <br />-3- <br />