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3 <br />1.7 “Channel” means a portion of the electromagnetic frequency spectrum which is used in a <br />Cable System and which is capable of delivering a television channel as defined by the FCC by <br />regulation, as set forth in Applicable Law, currently 47 U.S.C. § 522(4). <br /> <br />1.8 “City” means the City of Lake Elmo, a municipal corporation in the State of Minnesota, <br />acting by and through its City Council, or its lawfully appointed designee. <br /> <br />1.9 “City Code” means the Municipal Code of the City of Lake Elmo, Minnesota, as <br />may be amended from time to time. <br /> <br />1.10 “Commission” means the Ramsey Washington Counties Suburban Cable Communications <br />Commission II or its successors, delegations, or its lawfully appointed designee, including <br />representatives of the Member Cities as may exist pursuant to a then valid and existing Joint and <br />Cooperative Agreement among Member Cities. <br /> <br />1.11 “Converter” means an electronic device, including Digital Transport Adapters, which <br />converts signals to a frequency not susceptible to interference within the television receiver of a <br />Subscriber, and by an appropriate Channel selector also permits a Subscriber to view all Cable <br />Service signals. <br /> <br />1.12 “City Council” means the governing body of the City of Lake Elmo, Minnesota. <br /> <br />1.13 “Day” means a calendar day, unless otherwise specified. <br /> <br />1.14 “Drop” means the cable that connects the Subscriber terminal to the nearest feeder cable <br />of the cable in the Street and any electronics on subscriber property between the Street and the <br />Subscriber terminal. <br /> <br />1.15 “Effective Date” means April 1, 2021. <br /> <br />1.16 “FCC” means the Federal Communications Commission and any legally appointed, <br />designated or elected agent or successor. <br /> <br />1.17 “Franchise” means the right granted by this Franchise Ordinance and the regulatory and <br />contractual relationship established hereby. <br /> <br />1.18 “Franchise Area” means the entire geographic area within the City as it is now constituted <br />or may in the future be constituted. <br /> <br />1.19 “Franchise Fee” means the fee assessed by the City to Grantee, in consideration of <br />Grantee’s right to operate the Cable System within the City’s Streets, determined in amount as a <br />percentage of Grantee’s Gross Revenues and limited to the maximum percentage allowed for such <br />assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 <br />U.S.C. §542(g)(2)(A-E). <br /> <br />1.20 “GAAP” means generally accepted accounting principles as promulgated and defined by <br />the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) <br />and/or the U.S. Securities and Exchange Commission (“SEC”).