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<br /> -- <br />. SECTION 1. <br /> SHORT TITLE AND DEFINITIONS <br /> 1. Short Title. This Franchise Ordinance shall be known and cited as tl1e Cable <br /> Franchise Ordinance. <br /> 2. Definitions . For the purposes of this Franchise, the following terms, phrases, <br /> words, and tl1eir 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 /> 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 tl1e <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 /> b. "City" means City of Arden Hills, a municipal corporation, in the State of <br /> Minnesota, acting by and through its City Council, or its lawfully <br />. appointed designee. <br /> c. "City Council" means tl1e governing body of tl1e City. <br /> d. "Cable Service" or "Service" means the provision of communications <br /> and/or entertainment services as "Cable Service" is defined by Minn. Stat. ~ <br /> 238.01 et seq. and 47 U.S.C ~ 521 et seq., as may be amended from time <br /> to time, but including Institutional Network services. <br /> e. "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 witl1 the <br /> definitions set forth in Minn. Stat. 238.02, subd. 3 and 47 U.S.C. ~ 522(7). <br /> f. "Class IV Cable Channel" means a signaling patl1 provided by a Cable <br /> System to transmit signals of any type from a Subscriber terminal to <br /> anotl1er point in the System. <br /> g. "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 /> 2 <br />