BOLDYN NETWORKS US LLC - Laserfiche WebLink

Docusign Envelope ID: 630D402A-480E-441 F-B23E-642A498E5ED5 1.3 Network Facilities or Facilities - Meanscables, in, optical conduits, access manholes, handholes, pedestals, boxes, poles, and other similar lines, equipmentandor devices rmitte owned or leased by ENCROACHER that are peto or eSFatled caitiessua et to all Laws and required intended to encompass a local permits and approvals. The terms "Network Fac wireline system and do not include antennasl(adisimilar ireleas tansmissaon and receptionan/or devices providing wireless transmission, cell towers or new ut ty poles, except w equipment as permitted for the sole purpose of supporting Network Facilities in areas where above ground installations are allowed. blic Rights -of --Way -Means land or an interest in land 1.4 Public Right -of -Way or Pu located within CITY's corporate limits and subject to rlaw iss jurisdiction, which by deed, conveyance, reserved for or dedicated to or open to the use agreement, easement, dedication, usage o process of by the general public for road or highway purposes. The tenn 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.10-12- 004) that authorizes ENCROACHER to provide resold and full facilities -based competitive local exchange services and interexchange services. Telecommunications Services also includes offering es, which may Internet access, data transport, private line and facilities leasing to affiliates and third Laws. The term also be offered through an indefeasible right of use to the extent permitted (c applicableor Video Services as does not include "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C) defined in Section 1.6 of this Agreement. 1.6 Video Services - Means the same as defined in Public Utilities Code Section 5830(s), as may be amended or superseded, provided pursuant to any applicable California Video Franchise Certificate issued by the California Public Utilities Commission pursuant to the Digital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. SECS 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 t and operateeand removons of all rquired e its and approvals consistent with applicable Laws, to construct, install, maintain 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 tls Agreement and e Date of this Agreemlentb, ENCROACHER le Laws. Before ENCROACHER applies for any new permits after the Effective must submit: (i) a current comprehensive master plan ("Master Plan") showing, at a minimum, the -2- [SEC=PROTECTED]