Ord #309 Franchise Agreement Midco

Home Browse Search

(iv)An open video system that complies with 47 U.S.C. §653; or (v) Any facilities of any electric utility used solely for operating its electric utility systems. (g) "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 defined by the Federal Communications Commission. (h) "City" means the City of Orono, Minnesota as represented by the Council or any official delegate of the Council acting within the scope of its jurisdiction. (i) "Converter" means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber and by an appropriate selector permits a Subscriber to view all Subscriber signals included in the service. (j) "Council"means the City Council of the City of Orono, Minnesota. (k) "Drop" means the fiber optical cable that connects the ONT at the Subscriber's residence to the nearest Node of the System. (1) "FCC" means the Federal Communications Commission and any legally appointed, designated, or elected agent or successor. (m) "Feeder Cable"means trunk fiber optic cables that run along Streets within the served area and connects between the individual Nodes which serve the Drops. (n) "Franchise"means an initial authorization, or renewal thereof(including a renewal of an authorization which has been granted subject to 47 U.S.C. §546) issued by a franchising authority, whether such authorization is designated as a franchise,permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable System or an MVPD System. (o) "Franchise Fee"means any tax, fee or assessment of any kind imposed by the City or any other Governmental Authority on a Grantee or cable Subscriber, or both, solely because of their status as such. The term "Franchise Fee" does not include: (i) any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable Subscribers); (ii) capital costs which are required by the Franchise to be incurred by the Grantee for PEG Access Facilities; (iii) requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, letters of credit, insurance, indemnification, penalties or liquidated damages; or(iv) any fee imposed under Title 17 of the United States Code. (p) "GAAP" means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board ("FASB"), Emerging Issues Task Force 5 232860v1