2002-011 Council Ordinances (2) - Laserfiche WebLink

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SECTION 1. SHORT TITLE AND DEFINITIONS 1.1 Short Title. This Franchise Ordinance shall be known and cited as the "Cable Franchise Ordinance." 1.2 Definitions. For purposes of this Franchise, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural; and the masculine gender includes the feminine gender. Unless otherwise expressly stated, words not defined herein or in the City Code shall be given the meaning set forth in applicable law and, if not defined therein, the words shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. 1.2.1 "Actual Cost" means the incremental cost to the Grantee of materials, capitalized labor and borrowing necessary to install and construct fiber-optic lines, coaxial cable and/or equipment. 1.2.2 "Affiliate" means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with the Grantee. 1.2.3 "Basic Cable Service" means the lowest priced tier of Cable Service that includes the lawful retransmission of local television broadcast signals and any public, educational and governmental access programming required by this Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7). 1.2.4 "Cable Service" or "Service" means (1) the one-way transmission to Subscribers of (a) video programming or (b) other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. For purposes of this Franchise, the parties hereto acknowledge that the FCC is currently undertaking a proceeding addressing whether cable modem service may be lawfully considered a cable service under federal law. As of the adoption of this Franchise, cable modem services are not considered "Cable Service." As to the definition of "Cable Service," and any inclusion of cable modem service in such service, the parties agree to comply with future applicable federal or State law or applicable regulations. 1.2.5 "Cable System" or "System" means the facility of the Grantee consisting of a set of closed transmission paths and associated signal generation, reception and control 2