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"Affiliate" means a person or entity that directly, or indirectly, through one <br />or more intermediaries, owns, controls, is owned or controlled by, or is under <br />common ownership or control with another person or entity. <br />"Cable seri,ice" shall have the same meaning as in the 47 U.S. Code § 522, <br />and shall be synonymous with the term "cable television service." <br />"City" means the City of Portsmouth, Virginia, and where appropriate to <br />the context, its officers, agents, employees and volunteers. <br />"Cio'Attornel," means the City .Attorney or his designee. <br />'Cite Council" means the City Council of the City of Portsmouth. <br />"CitvEngineer" means the City Engineer or his designee. <br />"CitrManager" means the City Manager or his designee. <br />"City properly" means and includes all real property owned by the City, <br />including all property held in a proprietary capacity by the City. <br />"Conduit" means any materials, such as metal or plastic pipe, that protects <br />wire, cable, lines, fiber optic cable, or other technology for the provision of <br />telecommunications service. <br />"Duct" means a pipe, tube, channel or similar item for carrying wires, lines, <br />cables, fiber optic cable, or other technology for the provision of telecommunications <br />service. <br />"Fiber optic or other cable and related facilities" means fiber optic cables or <br />other cable, facilities, conduits, converters, splice boxes, handholds, manholes, vaults, <br />equipment, drains, surface location markers, appurtenances and related facilities located <br />or to be located by Lumos in the public streets or rights -of -way of the City used or useful <br />for the transmission of telecommunications services. <br />"Grantee" or `Lumos" means Lumos Telephone LLC d/b /a Lumos . <br />Grantor" means the City of Portsmouth. <br />IME <br />