|
6
<br />to the allocation of revenues among Cable and non-cable Services to a local franchising
<br />authority elsewhere in the Twin Cities Region, City will get the same favorable treatment
<br />Grantee provides to such local franchising authority. Specifically, this methodology is
<br />intended to provide City with equivalent treatment of revenues earned from multi-service
<br />(for example late fees, nonsufficient-funds fees) and convenience fees assessed on
<br />customers to service bundles that include non-cable services. This “most favored nations”
<br />provision will not apply where Grantee settles a franchise fee dispute which does not
<br />address the treatment of multi-service fees, bundled revenues or GAAP. However, this
<br />“most favored nations” provision will apply in the event of any order or judgment resolving
<br />a dispute regarding treatment of multi-service fees, bundled revenues, or GAAP between
<br />Grantee and a local franchising authority in the Twin Cities Region which results in more
<br />favorable treatment with respect to the allocation of revenues among Cable and non-cable
<br />Services to the local franchising authority than that afforded by Grantee to City.
<br />
<br />1.22 “Member Cities” means those cities that are parties to a then valid and existing joint powers
<br />agreement which, at the time of granting this Franchise, include Birchwood Village, Dellwood,
<br />Grant, Lake Elmo, Mahtomedi, Oakdale, White Bear Lake, White Bear Township, and Willernie.
<br />
<br />1.23 “Normal Business Hours” means those hours during which most similar businesses in the
<br />City are open to serve customers. In all cases, “Normal Business Hours” must include some
<br />evening hours, at least one (1) night per week and/or some weekend hours.
<br />
<br />1.24 “Normal Operating Conditions” means those Service conditions which are within the
<br />control of Grantee. Those conditions which are not within the control of Grantee include, but are
<br />not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and
<br />severe or unusual weather conditions. Those conditions which are ordinarily within the control of
<br />Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases,
<br />regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System.
<br />
<br />1.25 “PEG” means public, education and government.
<br />
<br />1.26 “Person” means any natural person and all domestic and foreign corporations, closely-held
<br />corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs,
<br />businesses, common law trusts, societies and/or any other legal entity.
<br />
<br />1.27 “Street” means the area on, below, or above a public roadway, highway, street, cartway,
<br />bicycle lane, and public sidewalk in which the City has an interest, including other dedicated
<br />rights-of-way for travel purposes and utility easements. A Street does not include the airwaves
<br />above a public right-of-way with regard to cellular or other non-wire telecommunications or
<br />broadcast service.
<br />
<br />1.28 “Subscriber” means a Person who lawfully receives Cable Service.
<br />
<br />1.29 “Twin Cities Region” shall mean the cities in Minnesota wherein Grantee or Affiliate hold
<br />a franchise agreement to provide Cable Service.
<br />
<br />1.30 “Video Programming” means programming provided by, or generally considered
<br />comparable to programming provided by, a television broadcast station.
|