For the purpose of this Franchise Agreement, capitalized terms,
phrases, words, and abbreviations shall have the meanings ascribed
to them in the Cable Act, unless otherwise defined herein.
CABLE ACT or ACT
The Cable Communications Policy Act of 1984, as amended by
the Cable Consumer Protection and Competition Act of 1992 and the
Telecommunications Act of 1996, 47 U.S.C. § 521 et seq.,
as the same may be amended from time to time.
CABLE OPERATOR
Any Person or group of Persons who provides Cable Service
over a Cable System and directly or through one or more affiliates
owns a significant interest in such Cable System; or who otherwise
controls or is responsible for, through any arrangement, the management
and operation of such a Cable System.
CABLE SERVICE or SERVICE
The one-way transmission to Subscribers of Video Programming
or Other Programming Service and Subscriber interaction, if any, which
is required for the selection or use of such Video Programming or
Other Programming Service.
CABLE SYSTEM or SYSTEM
Has the meaning set forth in 47 U.S.C. § 522 of
the Cable Act and means Grantee's facilities, consisting of a set
of closed transmission 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 Franchise Area, but such term does not include:
(A)
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
(B)
A facility that serves Subscribers without using any public
right-of-way;
(C)
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, as amended, except that such a facility shall be considered
a Cable System [other than for purposes of Section 621(c) of the Cable
Act] to the extent such facility 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;
(D)
An open video system that complies with Section 653 of the Cable
Act; or
(E)
Any facilities of any electric utility used solely for operating
its electric utility systems.
CHANNEL or CABLE CHANNEL
A portion of the electromagnetic frequency spectrum which
is used in a Cable System and which is capable of delivering a television
channel as a television channel is defined by the Federal Communications
Commission by regulation.
CUSTOMER or SUBSCRIBER
A Person who lawfully receives and pays for Cable Service
with the Grantee's express permission.
FCC
The Federal Communications Commission or successor governmental
entity thereto.
FRANCHISE
The initial authorization, or renewal thereof, issued by
the Village, whether such authorization is designated as a franchise,
agreement, permit, license, resolution, contract, certificate, ordinance
or otherwise, which authorizes the construction or operation of the
Cable System.
FRANCHISE AREA
The present legal boundaries of the Village as of the Effective
Date and shall also include any additions thereto by annexation or
other legal means as provided in this Agreement.
GRANTEE
Comcast of Illinois/Indiana/Ohio, LLC.
GROSS REVENUE
The Cable Service revenue received by the Grantee from the
operation of the Cable System in the Franchise Area to provide Cable
Services, calculated in accordance with generally accepted accounting
principles. Cable Service revenue includes monthly Basic Cable Service,
cable programming service regardless of Service Tier, premium and
pay-per-view video fees, advertising and home shopping revenue, installation
fees and equipment rental fees. Gross revenues shall also include
such other revenue sources from Cable Service delivered over the Cable
System as may now exist or hereafter develop, provided that such revenues,
fees, receipts, or charges may be lawfully included in the gross revenue
base for purposes of computing the Village's permissible franchise
fee under the Cable Act, as amended from time to time. Gross Revenue
shall not include refundable deposits, bad debt, investment income,
programming launch support payments, third party advertising sales
commissions and agency fees, nor any taxes, fees or assessments imposed
or assessed by any governmental authority. Gross Revenues shall include
amounts collected from Subscribers for Franchise Fees pursuant to
City of Dallas, Texas v. F.C.C., 118 F.3d 393 (5th Cir. 1997), and
amounts collected from non-Subscriber revenues in accordance with
the Court of Appeals decision resolving the case commonly known as
the "Pasadena Decision," City of Pasadena, California et al., Petitions
for Declaratory Ruling on Franchise Fee Pass Through Issues, CSR 5282-R,
Memorandum Opinion and Order, 16 FCC Rcd. 18192 (2001), and In re:
Texas Coalition of Cities for Utility Issues v. F.C.C., 324 F.3d 802
(5th Cir. 2003).
INITIAL FRANCHISE SERVICE AREA
That portion of the Franchise Area served by the Grantee's
Cable System as of the Effective Date of this Franchise Agreement.
PERSON
Any natural person or any association, firm, partnership,
joint venture, corporation, or other legally recognized entity, whether
for profit or not for profit, but shall not mean the Village.
PUBLIC WAY
Pursuant and in addition to the Village's Right-of-Way Ordinance (§
8-1-5), the surface of, and the space above and below, any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including, but not limited to, public utility easements and other easements dedicated for compatible uses, now or hereafter held by the Village in the Franchise Area, to the extent that the Village has the right and authority to authorize, regulate, or permit the location of facilities other than those of the Village. Public Way shall not include any real or personal Village property that is not specifically described in this definition and shall not include Village buildings, fixtures, and other structures and improvements, regardless of whether they are situated in the Public Way.
STANDARD INSTALLATION
Those installations to Subscribers that are located up to
125 feet from the existing distribution system (Cable System).
VILLAGE
The Village of Harristown, Illinois, or the lawful successor,
transferee, designee, or assignee thereof.