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<br /> <br />232860v1 <br /> <br />4 <br />derivations shall have the meaning given herein. Words used in the present tense include the <br />future, words in the plural number include the singular number, and words in the singular <br />number include the plural number. All capitalized terms used in the definition of any other <br />term shall have their meaning as otherwise defined in this section. The words "shall" and <br />"will" are mandatory and "may" is permissive. Words not defined shall be given their <br />common and ordinary meaning. <br /> <br />(a) “Actual Cost” means Grantee's cost without any increase due to overhead, interest, <br />profit, or administrative expense. <br /> <br />(b) “Applicable Laws” means any local law, or federal or State statute, law, regulation, <br />or other final legal authority governing any of the matters addressed in this Franchise. <br /> <br />(c) “Basic Cable Service” means any service tier which includes the lawful <br />retransmission of local television broadcast signals and any public, educational, and <br />governmental access programming required by the Franchise to be carried on the <br />basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 <br />U.S.C. §543(b)(7). <br /> <br />(d) “Cable Act” means the Cable Communications Policy Act of 1984, Pub. L. No. 98- <br />549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. §§ 521-611 (1982 & Supp. V 1987)) <br />as amended by the Cable Television Consumer Protection and Competition Act of <br />1992, Pub. L. No. 102-385 and the Telecommunications Act of 1996, Pub. L. No. <br />104- 458 and as the same may, from time to time, be amended. <br /> <br />(e) “Cable Service” or “Service” means the one-way transmission to Subscribers of <br />Video Programming, or other programming service, and Subscriber interaction, if <br />any, which is required for the selection of such Video Programming or other <br />programming service. <br /> <br />(f) “Cable System” or “System” means a facility, consisting of a set of closed <br />transmission paths and associated signal generation, reception, and control equipment <br />that is designed to provide Cable Service which includes Video Programming, and <br />which is provided to multiple Subscribers within a community, but such term does <br />not include: <br /> <br />(i) A facility that serves only to retransmit the television signals of one or more <br />television broadcast stations; <br /> <br />(ii) A facility that serves Subscribers without using any public right-of-way; <br /> <br />(iii) A facility of a common carrier which is subject, in whole or in part, to the <br />provisions of 47 U.S.C. §§201 et seq., except that such facility shall be considered a <br />Cable System (other than for purposes of 47 U.S.C. §541 (c) to the extent such facility is <br />used in the transmission of Video Programming directly to Subscribers, unless the extent <br />of such use is solely to provide interactive ondemand services; <br /> <br />69