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<br />. <br /> <br />1. <br /> <br />2. <br /> <br />. <br /> <br />. <br /> <br />SECTION 1. <br /> <br />SHORT TITLE AND DEFINITIONS <br /> <br />Short Title. This Franchise Ordinance shall be known and cited as. the Cable <br />Franchise Ordinance. <br /> <br />Definitions. For the purposes of this Franchise, the following terms, phrases, <br />words, and their derivations shall have the meaning given herein. When not <br />inconsistent with the context, words in the singular number include the plural <br />number. The word "shall" is always mandatory and not merely directory. The <br />word "may" is directory and discretionary and not mandatory. <br /> <br />a. "Basic Cable Service" means any service tier which includes the lawful <br />retransmission of local television broadcast signals and any public, <br />educational, and' governmental access programming required by the <br />Franchise to be carried on the basic tier. Basic Cable Service as defined <br />herein shall not be inconsistent with 47 U.S.C. ~ 543(b)(7). <br /> <br />b. <br /> <br />"City" means City of Mounds View, a municipal corporation, in the State <br />of Minnesota, acting by and through its City Council, or its lawfully <br />appointed designee. <br /> <br />c. <br /> <br />"City Council" means the governing body of the City. <br /> <br />d. "Cable Service" or "Service" means the provision of communications <br />and/or entertainment services as "Cable Service" is defmed by Minn. Stat. 9 <br />238.01 et seq. and 47 U.S.C 9 521 et seq., as may be amended from time <br />to time, but including Institutional Network services. <br /> <br />e. <br /> <br />"Cable System" or "System" means a system of antennas, cables, wires, <br />lines, towers, waveguides, or other conductors, Converters, equipment, or <br />facilities located in City and designed and constructed for the purpose of <br />producing, receiving, transmitting, amplifying, or distributing audio, video, <br />and data. System as defined herein shall not be inconsistent with the <br />definitions set forth in Minn. Stat. 238.02, subd. 3 and 47 U.S.C.g 522(7). <br /> <br />.. <br />\i:':'~' . <br /> <br />f. "Class IV Cable Channel" means a signaling path provided by a Cable <br />System to transmit signals of any type from a Subscriber terminal to <br />another point in the System. <br /> <br />g. <br /> <br />"Commercial Need" or "Marketplace Need" means such need or market <br />demand which City and Grantee may jointly determine requires action or <br />performance by Grantee as specifically set forth in this Franchise. Such <br />determination shall be based upon evidence and information presented by <br /> <br />2 <br /> <br />/ <br />