Cable Television Franchise Agreement Page 3
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14“Gross Revenue” means the Cable Service revenue received by the Grantee from the
operation of the Cable System in the Franchise Area to provide Cable Services, calculated in
accordance with generally accepted accounting principles. Cable Service revenue includes
monthly Basic Cable Service, cable programming service regardless of Service Tier, premium
and pay-per-view video fees, advertising and home shopping revenue, installation fees and
equipment rental fees. Gross revenues shall also include such other revenue sources from Cable
Service delivered over the Cable System as may now exist or hereafter develop, provided that
such revenues, fees, receipts, or charges may be lawfully included in the gross revenue base for
purposes of computing the City/County/Village’s permissible franchise fee under the Cable Act,
as amended from time to time. Gross Revenue shall not include refundable deposits, bad debt,
investment income, programming launch support payments, third party advertising sales
commissions and agency fees, nor any taxes, fees or assessments imposed or assessed by any
governmental authority. Gross Revenues shall include amounts collected from Subscribers for
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Franchise Fees pursuant to City of Dallas, Texas v. F.C.C., 118 F.3d 393 (5
Cir. 1997), and
amounts collected from non-Subscriber revenues in accordance with the Court of Appeals
decision resolving the case commonly known as the “Pasadena Decision,” City of Pasadena,
California et. al., Petitions for Declaratory Ruling on Franchise Fee Pass Through Issues, CSR
5282-R, Memorandum Opinion and Order, 16 FCC Rcd. 18192 (2001), and In re: Texas
Coalition of Cities for Utility Issues v. F.C.C., 324 F.3d 802 (5th Cir. 2003).
“Initial Franchise Service Area” means that portion of the Franchise Area served by the
Grantee’s Cable System as of the Effective Date of this Franchise Agreement.
“Person” means any natural person or any association, firm, partnership, joint venture,
corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall not
mean the City/County/Village.
“Public Way” shall mean, pursuant and in addition to the City/County/Village’s Right of
Way Ordinance (insert citation here), the surface of, and the space above and below, any street,
alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or
other similar purposes, including, but not limited to, public utility easements and other easements
dedicated for compatible uses, now or hereafter held by the City/County/Village in the Franchise
Area, to the extent that the City/County/Village has the right and authority to authorize, regulate,
or permit the location of facilities other than those of the City/County/Village. Public Way shall
not include any real or personal City/County/Village property that is not specifically described in
this definition and shall not include City/County/Village buildings, fixtures, and other structures
and improvements, regardless of whether they are situated in the Public Way.
“Standard Installation” means those installations to Subscribers that are located up to one
hundred twenty-five (125) feet from the existing distribution system (Cable System).
“City/County/Village” means the City/County/Village of _______, Illinois or the lawful
successor, transferee, designee, or assignee thereof.
“Video Programming” or “Programming” means programming provided by, or generally
considered comparable to programming provided by, a television broadcast station.
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