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r /'1 1.3 Network Facilities or Facilities-Means any and all cables, lines, conduits, access manholes,handholes, pedestals, boxes, and other similar equipment and devices owned or leased by ENCROACHER that are permitted to be installed pursuant to required local permits and approvals.The term is intended to encompass a wireline system and does not include antennas and radios providing wireless transmission, cell towers, or new utility poles. 1.4 Public Right-of-Way or Public Rights-of-Way-Means land or an interest in land located within CITY's corporate limits and subject to CITY's jurisdiction, which by deed, conveyance, agreement, easement,dedication,usage or process of law is reserved for or dedicated to or open to the use by the general public for road or highway purposes. The term also includes any dedicated public utility easement or similar property in which CITY now or hereafter holds any property interest which, consistent with the purposes for which it was dedicated and to the extent permitted by the grant, may be used for the purpose of installing and maintaining Network Facilities. 1.5 Telecommunications Services - Means services that ENCROACHER is authorized to offer and/or provide pursuant to any applicable Laws or CPCN,including its existing CPCN (D.95-12-057) that authorizes ENCROACHER to provide facilities-based competitive local exchange service and intra-LATA services. Telecommunications Services also includes offering internet access, data transport, private line and facilities leasing to affiliates and third parties, which may also be offered through an indefeasible right of use to the extent permitted by applicable Laws. The term does not include "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C) or Video Services as defined in Section 1.6. 1.6 Video Services — Means the same as defined in Public Utilities Code Section 5830(s), as may be amended or superseded,provided pursuant to any applicable California Video Franchise Certificate issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act(Public Utilities Code Section 5800 and following) and California Public Utilities Commission decisions pertaining to Video Services. SECTION 2 SCOPE OF USE OF PUBLIC RIGHT-OF-WAY 2.1 Nothing in the Agreement shall be construed as granting or creating any franchise rights. 2.2 CITY hereby grants an encroachment right to ENCROACHER, subject to reservations, covenants and conditions herein contained and subject to the terms and conditions of all required permits and approvals consistent with applicable Laws, to construct, install, maintain and operate, and remove Network Facilities within Public Rights-of-Way to provide Telecommunications Services. 2.3 ENCROACHER shall not commence installation of Network Facilities until ENCROACHER has first obtained all required permits and approvals to do so,which may include, without limitation, a traffic control plan, in accordance with this Agreement and applicable Laws. Before ENCROACHER applies for any new permits after the Effective Date of this Agreement, ENCROACHER must submit: (i) a comprehensive master plan ("Master Plan") showing at a {00053614;%1} -2-