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2017-008
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2017-008
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g. "Converter" means an electronic device such as a set -top box or digital <br />adapter which converts signals to a frequency acceptable to a television receiver of a <br />Subscriber and by an appropriate selector permits a Subscriber to view all Subscriber <br />signals included in the service. <br />h. "Drop" means the cable that connects the ground block on the Subscriber's <br />residence or institution to the nearest feeder cable of the System. <br />i. "FCC" means the Federal Communications Commission and any legally <br />appointed, designated or elected agent or successor. <br />j. "Franchise" or "Cable Franchise" means this ordinance and the regulatory <br />and contractual relationship established hereby. <br />k. "Grantee" or "Comcast" is Comcast of Minnesota, Inc., its lawful <br />successors, transferees or assignees. <br />1. "Gross Revenues" shall be defined as and shall be construed broadly to <br />include all revenues derived directly or indirectly by Comcast and/or an Affiliate that is a <br />cable operator of the Cable System, from the operation of Comcast's Cable System to <br />provide Cable Services within the City (including cash, credits, property or other <br />consideration of any kind or nature). Gross revenues include, by way of illustration and <br />not limitation: monthly fees for Cable Services, regardless of whether such Cable <br />Services are provided to residential or commercial customers, including revenues derived <br />from the provision of all Cable Services (including but not limited to pay or premium <br />Cable Services, digital Cable Services, pay -per -view, pay -per -event and video -on - <br />demand Cable Services); installation, reconnection, downgrade, upgrade or similar <br />charges associated with changes in subscriber Cable Service levels; fees paid to Comcast <br />for channels designated for commercial/leased access use; converter, remote control, <br />lockout device and other Cable Service equipment rentals and/or leases or sales; <br />advertising revenues received or derived by Comcast and/or its Affiliates, including, but <br />not limited to, rep fees, Affiliate fees, rebates and commissions, but excluding <br />unaffiliated agency fees; late fees, convenience fees and administrative fees; revenues <br />from program guides; franchise fees; and commissions from home shopping channels and <br />other revenue sharing arrangements. Gross Revenues subject to franchise fees shall <br />include revenues derived from sales of advertising that run on Comcast's Cable System <br />within the City and shall be allocated on a pro rata basis using total Cable Service <br />subscribers reached by the advertising. Additionally, Comcast agrees that Gross <br />Revenues subject to franchise fees shall include all commissions paid to National Cable <br />Communications ("NCC") and Comcast Spotlight ("Spotlight") or their successors <br />associated with sales of advertising on the Cable System within the City allocated <br />according to this paragraph using total Cable Service subscribers reached by the <br />advertising. Gross revenues shall not include: actual bad debt write-offs, provided, <br />however, that all or part of any such actual bad debt that is written off but subsequently <br />collected shall be included in Gross Revenues in the period collected; and any taxes on <br />
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