2007-09-26 CC Packet - Laserfiche WebLink

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DRAFT to lransmitthe video programming and other programming services including, but not limited to, video programming and other programming services providcd by lntornet Protocol or xDSL video, and video programming and other programming services delivered over an integrated Internet Protocol platform or a very-high-data- rate digital subscriber line, and any other services and capabilities that may be considered a Cable Service consistent with applicable law. Cable Service, as dolined herein, does not include any service that is solely and exclusively classified as an information service Ot. a telecommunications service under applicable laws and regulations binding on the City. 1.2.5 "Cable Svstem" or "Svstem" means the facility of the Grantee consisting ol'a set of closed tmnsmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service, which includes video programming and which is provided to multiple Subscribers within the City, but sueh term does not include: (I) a facility that only serves to reiransmit the tdev ision signals of one or more television broadcast stations; (2) a facility that serves Subscrihers without using any Rights-ol:Way; (3) a laci)ity of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility shall be considered a System (other than lor purposes 01'47 U,S.c. ~ 541(c)) ifsuch lacility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) an open video system that complies with 47 U .S.C. ~ 573; (5) any facilities of any electric utility used solely for operating its eleetric utility system; or (6) a translator systcm which receives and rebroadcasts over-the-air signals. A reference to the System in this Franchise refers to any part of such System including, withoullimilalion, Converters. The loregoing delinition of "System" shall not be deemed to circumscribe or limit the valid autbority of the City to regulate or ti-anchise the activities of any other communications system or provider of communications service to the full extent permitted by law. "Cable System" or "System" as delined herein shalt not be inconsistent with thc definitions set fOl1h in applicablc law. The term "Cable System," as defined herein, includes a cable eommunications system, as defined in Minn. Stat. S 238.02, subd. 3, and any system, irrespective of the technOlogy utilized, that is used or designed to provide Cable Service to multiple subscribers by a cable operator, a broadband service provider, and/or a local exchange carrier, in any analog or digital format, including, but not limited to, an integrated Internet Protocol platform, an xDSL line and a very-high-data-rate digital subscriber line. 1.2,6 "Citv" means City of , Minnesota, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. 3 3;