Laserfiche WebLink
services furnished by Comcast imposed by any municipality, state or other governmental <br />unit, provided that franchise fees shall not be regarded as such a tax. <br />i. To the extent revenues are received by Comcast for the provision <br />of a discounted bundle of services which includes Cable Services and non -Cable <br />Services, Comcast shall calculate revenues to be included in Gross Revenues <br />using a methodology that allocates revenue on a pro rata basis when comparing <br />the bundled service price and its components to the sum of the most recent <br />published rate card rate for the components, except it is expressly understood that <br />equipment may be subject to inclusion in the bundled price at full rate card value. <br />This calculation shall be applied to every bundled service package containing <br />Cable Service from which Comcast receives or derives revenues in the City, and <br />must be updated within sixty (60) days of the date any rate change for cable <br />and/or non -cable services is implemented for a service package containing Cable <br />Service or the date any rate change is implemented for any service included in a <br />service package that contains Cable Service. The NSCC reserves its right to <br />review and to challenge Comcast's calculations. <br />ii. For purposes of this definition, the term "Affiliates" means any <br />person(s) and/or entity(ies) who own or control, are owned or controlled by or are <br />under common ownership or control with Comcast of Minnesota, Inc., but does <br />not include affiliated entities such as NBCU and Spectacor that are not directly or <br />indirectly involved with the programming, use, management, operation, <br />construction, repair and/or maintenance of Comcast Corporation's cable systems. <br />iii. Resolution of any disputes over the classification of revenue <br />should first be attempted by agreement of the Parties, but should no resolution be <br />reached, the Parties agree that reference shall be made to generally accepted <br />accounting principles ("GAAP") as promulgated and defined by the Financial <br />Accounting Standards Board ("FASB"), Emerging Issues Task Force ("EITF") <br />and/or the U.S. Securities and Exchange Commission ("SEC"). Notwithstanding <br />the forgoing, the City and/or the Commission reserves its right to challenge <br />Comcast's calculation of Gross Revenues, including the use or interpretation of <br />GAAP as promulgated and defined by the FASB, EITF and/or the SEC. <br />in. "Installation" means the connection of the System from feeder cable to the <br />point of connection with the Subscriber Converter or other terminal equipment. <br />n. "Lockout Device" means an optional mechanical or electrical accessory to <br />a Subscriber's terminal which inhibits the viewing of a certain program, certain channel, <br />or certain channels provided by way of the Cable Communication System. <br />o. "Memorandum of Understanding" or "MOU" means that certain <br />agreement dated November 3, 1994, regarding PEG access funding, creation of a "PEG <br />Fee" and certain rate regulatory issues. <br />0 <br />