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S. "Pay Television" means the delivery over the System of pay-per-channel or pay- <br /> per-program audio-visual signals to Subscribers for a fee or charge, in addition to <br /> the charge for Basic Cable Service or Cable Programming Services. <br /> t. "Person" is any person, firm, partnership, association, corporation, company, or <br /> other legal entity,but does not include the City or Commission. <br /> U. "Right-of-Way" or"Rights-of-Way" means the area on, below, or above any real <br /> property in City in which the City has an interest including,but not limited to any <br /> street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, <br /> area, or real property owned by or under the control of City, including other <br /> dedicated Rights-of-Way for travel purposes and utility easements. <br /> V. "Right-of-Way Ordinance" means the ordinance codifying requirements <br /> regarding regulation, management and use of Rights-of-Way in City, including <br /> registration and permitting requirements. <br /> W. "Set Top Box" means an electronic device (sometimes referred to as a receiver) <br /> which may serve as an interface between a System and a Subscriber's television <br /> monitor and which may convert signals to a frequency acceptable to a television <br /> monitor of a Subscriber and may,by an appropriate selector, permit a Subscriber <br /> to view all signals of a particular service <br /> X. "Subscriber" means any Person who lawfully receives service via the System. In <br /> the case of multiple office buildings or multiple dwelling units, the "Subscriber" <br /> means the lessee, tenant or occupant. <br /> SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS <br /> I. Grant of Franchise. <br /> a. This Franchise is granted pursuant to the terms and conditions contained herein. <br /> b. Nothing in this Franchise shall be deemed to waive the lawful requirements of <br /> any generally applicable City ordinance existing as of the Effective Date. <br /> C. Each and every term, provision or condition herein is subject to the provisions of <br /> state law, federal law, and local ordinances and regulations. The Municipal Code <br /> of the City, as the same may be amended from time to time, is hereby expressly <br /> incorporated into this Franchise as if fully set out herein by this reference. <br /> Notwithstanding the foregoing, the City may not unilaterally alter the material <br /> rights and obligations of Grantee under this Franchise. <br /> d. This Franchise shall not be interpreted to prevent the City from imposing <br /> additional lawful conditions, including additional compensation conditions for use <br /> of the Rights-of-Way, should Grantee provide service other than cable service. <br /> 5 <br />