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EXHIBIT A NON - EXCLUSIVE WIRELESS FACILITIES FRANCHISE AGREEMENT This Non - exclusive Wireless Facilities Franchise Agreement (hereinafter "Agreement ") is made and entered into as of _, 201 by and between the City of Portsmouth, Virginia, a political subdivision of the Commonwealth of Virginia (hereinafter "City ") and (hereinafter "Grantee "), having an office at WHEREAS, Grantee has requested the right to install, operate and maintain Wireless Facilities in the City's rights -of -way in order to provide Wireless Services within certain areas of the City; and WHEREAS, Grantee desires to enter the City's rights -of -way under a non - exclusive Wireless Facilities Franchise to use the rights -of -way at its own risk; and WHEREAS, the City is agreeable to allowing Grantee to use the City's rights -of -way subject to certain terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the City and Grantee agree as follows: Section 1. Grant of Authority. Subject to and in accordance with the terms hereof, Grantee is hereby granted a non - exclusive Wireless Facilities Franchise to construct, maintain, and operate Wireless Facilities in, over, under, and across the Public ways within the City for the purpose of providing Wireless Services including the right to deploy new Wireless Support Structures in the Public way for this purpose. The City specifically reserves the right to grant other Wireless Facilities franchises, licenses or other rights as it deems appropriate for other wireless systems or facilities or any other purposes in accordance with the law. This Agreement applies only to Public ways and does not apply to private property or public property not located within, or constituting, a Public way or a City Facility. Section 2. Acceptance of Franchise. Grantee hereby accepts the Wireless Facilities Franchise and agrees to comply with all of the terms of the Agreement, as well as with all applicable Federal, State and local laws, ordinances, resolutions, codes, rules and regulations, regardless of whether they are expressly referenced in this Agreement. Section 3. Definitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: 'Affiliate" means a person that directly, or indirectly, through one or more intermediaries, owns, controls, is owned or controlled by, or is under common ownership or control with another person. "Antenna" means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services. "City Facilities" means City -owned Existing structures located within the Public way. City Facilities may include, by means of example, City -owned light poles and City -owned traffic signal poles and structures. "City Property" means and includes all real property owned by the City, other than Public streets and utility easements, as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right -of -way franchising as provided by law. City property includes, but is not limited to, City Facilities. -1-