Cable Television Franchise Agreement Page 2

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“Cable Operator” means any Person or group of Persons who provides Cable Service
over a Cable System and directly or through one or more affiliates owns a significant interest in
such Cable System; or who otherwise controls or is responsible for, through any arrangement,
the management and operation of such a Cable System.
"Cable Service" or “Service” means the one-way transmission to Subscribers of Video
Programming or Other Programming Service and Subscriber interaction, if any, which is
required for the selection or use of such Video Programming or Other Programming Service.
“Cable System” or “System,” has the meaning set forth in 47 U.S.C. § 522 of the Cable
Act, and means Grantee's facilities, consisting of a set of closed transmission paths and
associated signal generation, reception and control equipment, that is designed to provide Cable
Service which includes Video Programming and which is provided to multiple Subscribers
within the Franchise Area, but such term does not include (i) a facility that serves only to re-
transmit the television signals of one or more television broadcast stations; (ii) a facility that
serves Subscribers without using any public right-of-way, (iii) a facility of a common carrier
which is subject, in whole or in part, to the provisions of Title II of the Communications Act of
1934, as amended, except that such a facility shall be considered a Cable System (other than for
purposes of section 621(c) of the Cable Act) to the extent such facility is used in the transmission
of Video Programming directly to Subscribers, unless the extent of such use is solely to provide
Interactive On-Demand Services; (iv) an open video system that complies with section 653 of the
Cable Act; or (v) any facilities of any electric utility used solely for operating its electric utility
systems.
“Channel” or “Cable Channel” means a portion of the electromagnetic frequency
spectrum which is used in a Cable System and which is capable of delivering a television
channel as a television channel is defined by the Federal Communications Commission by
regulation.
“Customer” or “Subscriber” means a Person who lawfully receives and pays for Cable
Service with the Grantee’s express permission.
“FCC” means the Federal Communications Commission or successor governmental
entity thereto.
“Franchise” means the initial authorization, or renewal thereof, issued by the
City/County/Village, whether such authorization is designated as a franchise, agreement, permit,
license, resolution, contract, certificate, ordinance or otherwise, which authorizes the
construction or operation of the Cable System.
“Franchise Agreement” or “Agreement” shall mean this Agreement and any amendments
or modifications hereto.
“Franchise Area” means the present legal boundaries of the City/County/Village as of the
Effective Date, and shall also include any additions thereto, by annexation or other legal means
as provided in this Agreement.
“Grantee” shall mean _________________.
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