“Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.

“Applicant” means any person or entity that applies for any authorization, franchise, lease, or permit pursuant to this chapter.

“City” means the city of Algona, a municipal corporation of the state of Washington in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.

“Council” means the city council of the city of Algona, Washington, acting in its official capacity.

“Director” means the public works director or his/her designee.

“Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars.

“FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

“Franchise” shall mean the initial authorization, or renewal thereof, approved by an ordinance of the city, which authorizes the grantee to construct, install, operate, or maintain telecommunications facilities in, under, over, or across public ways of the city and/or to also provide telecommunications service to persons or areas in the city.

“Grantee” means the person, firm or corporation to whom or which a franchise, as defined in this chapter, is granted by the council under this chapter and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in this chapter.

“Overhead facilities” means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

“Person” means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.

“Personal wireless service” mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law and regulations.

“Public way” or “right-of-way” means land acquired or dedicated for public roads and streets, but does not include:

“Service provider” is defined consistently with RCW 35.99.010(6). “Service provider” shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.

“State” means the state of Washington.

“Telecommunications facilities” means the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or wireless telecommunications service.

“Telecommunications service” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this definition, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.

“Wireless communication facilities” means facilities used for personal wireless services.

“Wireline” means services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission. (Ord. 1188-21 § 2 (Exh. A), 2021).