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services lAirnished by Comcast imposed by any municipality, state or other <br /> governmental unit, provided that franchise lees shall not be regarded as such a. <br /> tax.: <br /> (i) To the extent revenues are received by Comcast for the provision <br /> of ad iscou ited brindle of services which includes Cable Services and non-Gable <br /> SorvicesY Comcast shalt-calculate revenges to 'be ncludex`d iii Gross Revenues <br /> using a methodology that allocates revenue on a pro rata basis when t onaparing <br /> the bundled. service price and its components to the skim of the most recent <br /> published ratecard rate for the components, except it is expressty understood that <br /> equipment tray be subject to in elusion,ire the bundled price at full.rate card value. <br /> This calculation shall be applied to every bundled service, package containing <br /> Cable Service from which Comcast receives or derives revenues intbe City, and <br /> must be updated within sixty (60) days of the date any rate change for eagle <br /> andlor non-cable services is implemented for a service package containing Cable <br /> Service or the date any rate change is implemented for any service included in a <br /> service package that contains Cable. Service. The NSCC reserves its right to <br /> review and to`challenge Corricastzs calculati Ons. <br /> (ii) For purposes of this definition, the term "Af iliat&' means any <br /> person(s)and/or entity(ics)who own or control, are owned or controlled by or are <br /> tinder common ownership or control with Comcast of Minnesota, Inc. but does <br /> not include affiliated entities such as NMCU and Spcctacor that are not directly or <br /> indirectly involved with the programming, use, management, operation, <br /> construction,repair and/or maintenance of Comcast Corporation's cable systems. <br /> (iii) Resolution. of any disputes over the classification of revenue <br /> should first be attempted by agreement of the Parties,but should no resolution be <br /> reached,, the Parties agree that reference shall. be `made_t-0 .generally accepted <br /> accounting principles ("GAA?") as promulgated and defied by the Financial <br /> Accounting Standards hoard ("FASB"), Emerging:Issues.Task Force ("PI`l`F") <br /> andior the J.S. Securities and Exchange Commission (`'SE-C"), Notwithstanding <br /> the forgoing-, the City and/or the Commission reserves.its right to challenge <br /> Comcast's calculation cif Gross Revenues, includdin�; the use or iinterpretation of <br /> GAAP as promulgated and defined by th.dFAA%E1TF and/or the SEC. <br /> b. Any renewal franchises shall provide: <br /> Comcast shall ensure that persons or entities that only subscribe to non-cable <br /> service(e.g.,persons who subscribe only to high.-speed.Internet access,telephone;service, <br /> alarm. monitoring, or a combination of services that does not include cable service) are <br /> not assessed cable service franchise .Cees this ancillary charges unposed by Comcast on <br /> such subscribers, including but not limited to late fees, convenience acs and rian- <br /> suffzcienl Rinds (NSF) charges, runless the imposition of cable service franchise Tees is <br /> permitted by applicable laws or regulations,, <br /> 6 <br />