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"Public streets and public rights- of -wa"v- or "public wa��s" include the surface
<br />of, and the space above and below, any public street, road, highway, avenue, sidewalk,
<br />way, bridge, viaduct, alley or other public right -of -way, including unimproved
<br />surfaces, now or hereafter held by the City for the purpose of public travel,
<br />communications, alarm, street lighting, power distribution, water or sewer service or
<br />other public use, whether present or future, to the extent of the City's right, title,
<br />interest or authority to grant a franchise to occupy and use such streets and easements
<br />for the purpose of providing telecommunications services.
<br />"Public corks project or public iinprovenients" include, without limitation, the
<br />construction, realignment, paving or repaving, or other work on any public street or
<br />public right -of -way, change of grade or alignment of any public street or public right -of-
<br />way, the construction or reconstruction of any water, sanitary sewer, storm sewer, force
<br />main, drainage or communications facility of the City.
<br />"Telecommunications Facilities" means the plant, equipment and property,
<br />including, but not limited to, the poles, pipes, mains, conduits, ducts, fiber optic and
<br />other cables, circuits, antennae and wires, and any other equipment and related
<br />facilities used by Lumos to provide telecommunications service.
<br />"Telecommunications Service" means the providing or offering for rent, sale or
<br />lease, or in exchange for other value received, the transmittal of signals, including but
<br />not limited to, voice, data, image, graphic or video or other programming
<br />information, except cable television service, between or among points by wire, lines,
<br />cable, fiber optics, circuits, laser or infrared, microwave, radio, cellular, satellite
<br />or other telecommunications facilities, but not including cable television service.
<br />"Unused Facilities" means where, pursuant to this Agreement, Lumos has
<br />commenced the installation of certain fiber optic or other cable and related facilities in
<br />the City's public streets or public rights -of -way, and (i) such installation work has
<br />ceased and remains unfinished for a period of twelve (12) consecutive months; or (ii)
<br />after installation, such fiber optic or other cable and related facilities are unused, for
<br />whatever reason, for a period of twelve (12) consecutive months; then, in the event of
<br />(1) or (ii) such fiber optic or other cable and related facilities or any parts thereof shall
<br />be deemed to be unused. For the purposes of this definition, fiber optic or other cable
<br />and related facilities shall not be considered unused merely because the fiber is dark,
<br />and shall be considered in use if the facilities are connected to other fiber optic or
<br />other cable and related facilities owned by Lumos that are used. Should all of the
<br />fiber optic or other cable and related facilities be determined to be unused, then the
<br />City Manager shall, within thirty (30) days thereof, by certified mail, return receipt
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