voluntary financial support to produce and transmit video programming on a PEG
<br />channel, or from acknowledging a contribution.
<br />1.2.23 "Normal Operating Conditions" means those service conditions that are within
<br />the control of the Grantee. Conditions that are ordinarily within the control of the
<br />Grantee include, but are not limited to, special promotions, pay-per-view events,
<br />rate increases, regular peak or seasonal demand periods, and maintenance or
<br />upgrade of the System . Conditions that are not within the control of the Grantee
<br />include, but are not limited to, natural disasters, civil disturbances, power outages,
<br />telephone network outages, and severe or unusual weather conditions.
<br />1.2.24 "North Metro Franchise Area" means the geographic area consisting of the
<br />Minnesota cities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino
<br />Lakes and Spring Lake Park.
<br />1.2.25 "North Metro System" means the Cable System operated pursuant to this
<br />Franchise and located in the member municipalities of the Commission.
<br />1.2.26 "PEG" means public, educational, religious and governmental.
<br />1.2.27 "Person" means any individual, partnership, association, joint stock company,
<br />joint venture, domestic or foreign corporation, stock or non -stock corporation,
<br />limited liability company, professional limited liability corporation, or other
<br />organization of any kind, or any lawful successor or transferee thereof, but such
<br />term does not include the City or the Commission.
<br />1.2.28 "Public Access Channel(s)" means any channels on the System set aside by the
<br />Grantee for Noncommercial use by the general public, as contemplated by
<br />applicable law.
<br />1.2.29 "Right -of -Way" or "Rights -of -Way" means the surface, air space above the
<br />surface and the area below the surface of any public street, highway, lane, path,
<br />alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park,
<br />parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar
<br />property or waters within the City owned by or under control of the City, or
<br />dedicated for general public use by the City, including, but not limited to, any
<br />riparian right, which, consistent with the purposes for which it was created,
<br />obtained or dedicated, may be used for the purpose of installing, operating and
<br />maintaining a System. No reference herein to a "Right -of -Way" shall be deemed
<br />to be a representation or guarantee by the City that its interest or other right to
<br />control or use such property is sufficient to permit its use for the purpose of
<br />installing, operating and maintaining the System.
<br />1.2.30 "Right -of -Way Ordinance" means any ordinance of the City codifying
<br />requirements regarding regulation, management and use of Rights -of -Way in the
<br />City, including registration, fees, and permitting requirements.
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