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3.22 "Subscriber" shall mean any Person or entity who lawfully subscribes to a <br />service provided by Company by means of or in connection with the System and pays a fee <br />unless such fee is lawfully waived. <br />3.23 "Two -Way System" means a distribution system that has amplifiers that can pass <br />video, voice and/or data signals in both directions simultaneously. <br />ARTICLE 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS <br />4.01 Grant of Franchise. The Franchise is granted pursuant to the terms and <br />conditions contained herein and the accompanying agreements constituting the Franchise. <br />Such terms and conditions shall be subordinate to all applicable provisions of state and <br />federal laws, rules and regulations. Grantor hereby intends to adopt a replacement <br />Franchise and enter into a franchise relationship on substantially the same terms and <br />conditions as previously existed between the original Commission and Company. In the <br />event any term or condition herein differs in any substantive respect from a term or <br />condition in the prior Franchise, such prior Franchise term or condition shall continue itrfull <br />force and effect, and shall supersede such term or condition. <br />4.02 Criteria of Selection. Company's technical ability, financial condition and legal <br />qualifications were considered and approved by the original Commission, including Grantor, <br />in a full public proceeding which afforded reasonable notice and a reasonable opportunity <br />to be heard. By adoption of this Franchise, Grantor accepts the review of the original <br />Commission and approves Company's qualifications for the purposes contemplated herein. <br />7 <br />