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2007-09-26 CC Packet
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2007-09-26 CC Packet
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<br />DRAFT <br /> <br />to lransmitthe video programming and other programming services including, but <br />not limited to, video programming and other programming services providcd by <br />lntornet Protocol or xDSL video, and video programming and other programming <br />services delivered over an integrated Internet Protocol platform or a very-high-data- <br />rate digital subscriber line, and any other services and capabilities that may be <br />considered a Cable Service consistent with applicable law. Cable Service, as <br />dolined herein, does not include any service that is solely and exclusively classified <br />as an information service Ot. a telecommunications service under applicable laws <br />and regulations binding on the City. <br /> <br />1.2.5 "Cable Svstem" or "Svstem" means the facility of the Grantee consisting ol'a set <br />of closed tmnsmission paths and associated signal generation, reception and control <br />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 />sueh term does not include: (I) a facility that only serves to reiransmit the tdev ision <br />signals of one or more television broadcast stations; (2) a facility that serves <br />Subscrihers without using any Rights-ol:Way; (3) a laci)ity of a common carrier <br />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 lor purposes 01'47 U,S.c. ~ 541(c)) ifsuch lacility is used in the transmission <br />of video programming directly to Subscribers, unless the extent of such use is solely <br />to provide interactive on-demand services; (4) an open video system that complies <br />with 47 U .S.C. ~ 573; (5) any facilities of any electric utility used solely for <br />operating its eleetric utility system; or (6) a translator systcm which receives and <br />rebroadcasts over-the-air signals. A reference to the System in this Franchise refers <br />to any part of such System including, withoullimilalion, Converters. The loregoing <br />delinition of "System" shall not be deemed to circumscribe or limit the valid <br />autbority of the City to regulate or ti-anchise 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 delined herein shalt not be <br />inconsistent with thc definitions set fOl1h in applicablc law. The term "Cable <br />System," as defined herein, includes a cable eommunications system, as defined in <br />Minn. Stat. S 238.02, subd. 3, and any system, irrespective of the technOlogy <br />utilized, that is used or designed to provide Cable Service to multiple subscribers by <br />a cable operator, a broadband service provider, and/or a local exchange carrier, in <br />any analog or digital format, including, but not limited to, an integrated Internet <br />Protocol platform, an xDSL line and a very-high-data-rate digital subscriber line. <br /> <br />1.2,6 "Citv" means City of , Minnesota, a municipal <br />corporation, in the State of Minnesota, acting by and through its City Council, or its <br />lawfully appointed designee. <br /> <br />3 <br /> <br />3; <br />
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