Ordinance - #01-03 - 02/13/2001 - Laserfiche WebLink

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SECTION 1. SHORT TITLE AND DEFINITIONS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Short Title. This Franchise Ordinance shall be known and cited as the "Cable Franchise Ordinance." Definitions. For the purposes of this Franchise, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural; and the masculine gender includes the feminine gender. Unless otherwise expressly stated, words not defined herein or in the City Code shall be given the meaning set forth in applicable law and, if not defined therein, the words shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. "Actual Cost" means the incremental cost to the Grantee of materials, capitalized labor, and borrowing necessary to install and construct fiber-optic lines, coaxial cable and/or equipment. "Affiliate" means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with the Grantee. "Basic Cable Service" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7). "Cable Modem" means an electronic device, commonly referred to as such, at a minimum, containing a modulator and demodulator, tuner, interface, media access control mechanism and CPU, which acts as an interface between a Subscriber's customer premises equipment and the System and is capable of converting analog signals to digital signals and digital signals to analog signals, thereby allowing data communications to be carried over System facilities. "Cable Service" or "Service" means (1) the one-way transmission to Subscribers of video programming or other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. For purposes of this Franchise, "Cable Service" includes, but is not limited to, the provision of Internet service over the System, Institutional Network services and any other services or capabilities, but only to the extent consistent with the definition of "Cable Service" pursuant to federal or State law or applicable regulations.