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1.2.2 "Affiliate" means any Person who owns or controls, is owned or controlled by, or <br /> is under common ownership or control with the Grantee. <br /> 1.2.3 "Basic Cable Service" means the lowest priced tier of Cable Service that <br /> includes the lawful retransmission of local television broadcast signals and any <br /> public, educational and governmental access programming required by this <br /> Franchise to be carried on the basic tier. Basic Cable Service as defined herein <br /> shall not be inconsistent with 47 U.S.C. § 543(b)(7). <br /> 1.2.4 "Cable Service" or "Service" means (1) the one-way transmission to <br /> Subscribers of(a) video programming or(b) other programming services; and (2) <br /> Subscriber interaction, if any, which is required for the selection or use of such <br /> video programming or other programming services. Cable Service shall also <br /> include any video programming service for which a franchise from a local <br /> government is permitted under state law. <br /> 1.2.5 "Cable System" or"System" means the facility of the Grantee consisting of a set <br /> of closed transmission paths and associated signal generation, reception and <br /> control equipment that is designed to provide Cable Service, which includes video <br /> programming and which is provided to multiple Subscribers within the City, but <br /> such term does not include: (1) a facility that only serves to retransmit the <br /> television signals of one or more television broadcast stations; (2) a facility that <br /> serves Subscribers without using any Rights-of-Way; (3) a facility of a common <br /> carrier which is subject, in whole or in part, to the provisions of Title II of the <br /> Communications Act, except that such facility shall be considered a System(other <br /> than for purposes of 47 U.S.C. § 541(c)) if such facility is used in the transmission <br /> of video programming directly to Subscribers, unless the extent of such use is <br /> solely to provide interactive on-demand services; (4) an open video system that <br /> complies with 47 U.S.C. § 573; (5) any facilities of any electric utility used solely <br /> for operating its electric utility system; or (6) a translator system which receives <br /> and rebroadcasts over-the-air signals. A reference to the System in this Franchise <br /> refers to any part of such System including, without limitation, Set Top Boxes. <br /> The foregoing definition of"System" shall not be deemed to circumscribe or limit <br /> the valid authority of the City to regulate or franchise the activities of any other <br /> communications system or provider of communications service to the full extent <br /> permitted by law. "Cable System" or "System" as defined herein shall not be <br /> inconsistent with the definitions set forth in applicable law. Any reference to <br /> "Cable System" or "System" herein, which system is owned or operated by a <br /> Person or governmental body other than the Grantee, shall be defined the same as <br /> this Section 1.2.5. This definition shall include any facility that is a "cable <br /> system" under federal law or a"cable communications system" under state law. <br /> 1.2.6 "City" means the City of Centerville, Minnesota, a municipal corporation, in the <br /> State of Minnesota, acting by and through its City Council, or its lawfully <br /> appointed designee. <br /> 2 <br />