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REL: 7/5/96 ORDINANCE NO. NS-2297 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, GRANTING TO METRICOM, INC., ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO ATTACH, INSTALL, OPERATE AND MAINTAIN A WIRELESS COMMUNICATIONS RADIO NETWORK IN, ON, OVER, UPON, ALONG AND ACROSS THE PUBLIC RIGHT-OF-WAY IN THE CITY, AS THE SAME NOW OR MAY HEREAFTER EXIST, PRE- SCRIBING CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS IN RESPECT THERETO. WHEREAS, Metricom Inc., has applied to the City of Santa Ana for a nonexclusive franchise for the attachment, installation, operation, and maintenance of a wireless communications radio network in, on, upon, along and across certain public rights-of-way and easements within the city of Santa Ana; and WHEREAS, it has been found desirable for the welfare of the City of Santa Ana that such a non-exclusive radio network franchise be issued to Metricom Inc., by enactment of an ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA as follows: 1. Definitions. ~.~ "Agency" means any governmental agency or quasi-govern- mental agency other than the City, including the FCC and the PUC. ~.2 "PUC" means the California Public Utilities Commission. ~.3 "City" means the City of Santa Ana. ~.4 "Effective Date" means the date this Franchise is accepted by Metricom. ~.5 "FCC" means the Federal Communications Commission. "Fee" means any assessment, license, charge, fee, imposition, tax (but excluding any utility users' tax), or levy lawfully imposed by any governmental body. ~.7 "Franchise" means the terms under which Metricom is permitted to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace the Radios in the Public Right of Way as provided below.