SECTION 1 . - Definitions.  


Latest version.
  • For the purposes of this Franchise Agreement, the following words and phrases shall have the meanings given herein:

    (a)

    "City" shall mean the City of Wichita, Kansas. References to the City shall also include, as appropriate, any and all successors and assigns.

    (b)

    "Facilities" shall mean fiber optic lines and all appurtenances and improvements thereto, whether existing above or below ground.

    (c)

    "Franchise" shall mean a grant conveying the right, privilege, and authority to construct, operate and maintain facilities in, through and along the City's right of way for the purposes of supplying communications services.

    (d)

    "Level 3" shall mean Level 3 Communications, LLC, a Delaware limited liability company certified by the Kansas Corporation Commission (KCC) as a competitive local exchange carrier on October 27, 1999 and an interexchange carrier on May 14, 1999. References to Level 3 shall also include, as appropriate, any and all successors and assigns.

    (e)

    "Private party" means a non-governmental entity.

    (f)

    "Public Improvement" shall mean any existing or contemplated public facility, building, or capital improvement project, including but not limited to streets, alleys, sidewalks, sewers, water mains, drainage conduits, telecommunication conduits, rights of way improvements, and other Public Projects.

    (g)

    "Public Project" shall mean any project planned or undertaken by the City or any other governmental entity for the construction, reconstruction, maintenance, or repair of public facilities or Public Improvements, or for any public purpose.

    (h)

    "Public Rights of Way" shall mean only those areas of real property in which the City has dedicated or acquired rights of way interests in the real property. It shall include the area on, below, or above the present and future streets, sidewalks, alleys, avenues, roads, highways, parkways, boulevards, or bridges dedicated or acquired as rights of way. The term does not include the airwaves above rights of way with regard to wireless telecommunications, other non-wire telecommunications, or broadcast service, easements obtained by utilities, or private easements in platted subdivisions or tracts.

    (i)

    "Telecommunications Services" shall mean providing the means of transmission between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information sent and received.

    All definitions not specifically defined herein shall have the meaning ascribed to them by applicable federal, state or local law.