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2 <br />mandatory and not merely directory. The word “may” is directory and discretionary and not <br />mandatory. <br /> <br />1.1 “Affiliate” means any Person controlling, controlled by or under common control of <br />Grantee. <br /> <br />1.2 “Applicable Law(s)” means any law, statute, charter, ordinance, rule, regulation, code, <br />license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, <br />injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, <br />executed, entered or deemed applicable by any governmental authority of competent jurisdiction. <br /> <br />1.3 “Basic Cable Service” means any service tier which includes the lawful retransmission of <br />local television broadcast, as set forth in Applicable Law, currently 47 U.S.C. §522(3). <br /> <br />1.4 “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et <br />seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as <br />further amended by the Telecommunications Act of 1996, as further amended from time to time. <br /> <br />1.5 “Cable Service” means (a) the one-way transmission to Subscribers of (i) Video <br />Programming or (ii) other programming service, and b) Subscriber interaction, if any, which is <br />required for the selection or use of such Video Programming or other programming service, as set <br />forth in Applicable Law, currently 47 U.S.C. § 522(6). For the purposes of this definition, “other <br />programming service” means information that a cable operator makes available to all Subscribers <br />generally. <br /> <br />1.6 “Cable System” or “System” means a facility, consisting of a set of closed transmission <br />paths and associated signal generation, reception, and control equipment that is designed to provide <br />Cable Service which includes Video Programming and which is provided to multiple Subscribers <br />within a community, but such term does not include: <br /> <br />(a) a facility that serves only to retransmit the television signals of one (1) or more <br />television broadcast stations; <br /> <br />(b) a facility that serves Subscribers without using any Streets; <br /> <br />(c) 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 Cable <br />System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used <br />in the transmission of Video Programming directly to Subscribers, unless the extent of <br />such use is solely to provide interactive on-demand services; <br /> <br />(d) an open video system that complies with 47 U.S.C. § 573; or <br /> <br />(e) any facilities of any electric utility used solely for operating its electric utility <br />system. <br /> <br />Unless otherwise specified, it shall in this document refer to the Cable System constructed and <br />operated in the City under this Franchise.