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<br />DRAFT <br /> <br />SECTION I. SHORT TITLE AND DEFINITIONS <br /> <br />1.1 Short Title. <br /> <br />This Franchise Ordinance shall be known and cited as the "(Insert Applicant Namel <br />Cable Franchise Ordinance." <br /> <br />1.2 J}efinitions. <br /> <br />For purposes ofthis Franchise, the 1()llowing terms, phrases. words, abbreviations and their <br />derivations shall have the meaning given herein. When not inconsistent with the context, <br />words used in the present tense inelude the future tense; words in the plural number include <br />the singular number; words in the singular number include the plural; and the masculine <br />gender includes the feminine gender. Unless otherwise expressly stated, words not defined <br />herein or in the City Code shall be given the meaning set forth in applicable law and, if not <br />defincd therein, the words shall he given their common and ordinary meaning. The word <br />"shall" is always mandatory and not merely directory. The word "may" is directory and <br />discretionary and not mandatory. <br /> <br />1.2.1 "Actual Cost" means the incremental cost to the Grantee of materials, capitalized <br />labor and borrowing necessary to install and construct tiber-optic lines, coaxial <br />cable and/or equipment. <br /> <br />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 /> <br />1.2.3 "Basic Cahle Service" mcans the lowest priced tier of Cable Serviee that includes <br />the lawful retransmission of loeal television broadcast signals and any publie, <br />edueational and governmental access programming required by this Franehise to be <br />carried on the basic tier. Ilasic Cable Service as defined herein sha II not be <br />inconsistent with 47 U.s.e. ~ 543(b)(7). <br /> <br />1.2.4 "Cable Service" or "Service" means (I) the one-way transmission to Subscribers <br />of (a) video programming or (b) other programming services; and (2) Subscriber <br />interaction, if any, which is required tor the selection or use of such video <br />programming or other programming services. For purposes of this Franchise, <br />"Cable Serviee" includes, but is not limited to, all video programming and other <br />programming services delivered by a cable operator, an open video system <br />operator, a broadband service provider and/or any local exchange carrier over a set <br />of closed transmission paths and associated signal generation, reception and control <br />equipment. in any analog or digital form, and irrespective of the technology utilized <br /> <br />2 <br /> <br />3f <br />