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12/29/80 <br />C. The Franchise granted to Grantee by City complies with the existing applic- <br />able Minnesota Statutes and regulations and Franchise standards of Board; and <br />D. The Franchise granted to Grantee is nonexclusive. <br />ARTICLE I. <br />SHORT TITLE AND DEFINITIONS <br />SECTION 1. SHORT TITLE <br />This Ordinance shall be known and cited as the Cable Communications Ordi- <br />nance. <br />SECTION 2. DEFINITIONS <br />For the purpose of the Franchise, the following terms, phrases, words and <br />their derivations shall have the meaning given herein. When not inconsistent with <br />the context, words used in the present tense include the future, words in the' <br />plural number include the singular number, and words in the singular number in- <br />clude the plural number. The words "shall" and "will" are mandatory and "may" is <br />permissive. Words not defined shall be given their common and ordinary meaning. <br />A. <br />B. <br />C. <br />D. <br />E. <br />E. <br />G. <br />H. <br />I. <br />J. <br />X. <br />L. <br />M. <br />"Basic Service" means all subscriber services provided by Grantee including <br />the delivery of broadcast signals, covered by the regular monthly charge paid <br />by all subscribers, excluding optional services for which a separate charge <br />is made. <br />"Board" means the Minnesota Cable Communications Board. <br />"City" means City of Edina, a municipal corporation, in the State of Minne- <br />sota. <br />"Class IV Charnel" means a signaling path provided by a System to transmit <br />signals of any type from a subscriber terminal to another point in System. <br />"Connection" means the attachment of the drop to the first radio or televi- <br />sion set of the subscriber. I <br />"Converter" means an electronic device, which converts signals to a frequency. <br />not susceptible to interference within the television receiver of a subscrib- <br />er, and by an appropriate channel selector also permits a subscriber to view <br />all basic subscriber-signals included in the basic service delivered at <br />designated converter dial locations. <br />"Council" means the governing body of City. <br />-"Drop*' shall mean the cable that connects the subscriber terminal to the <br />nearest feeder cable of the cable. <br />"ECC" shall mean the Federal Communications Commission and any legally ap- <br />pointed, designated or elected agent or successor. <br />"Grantee" is Minnesota Cablesystems - Southwest, a Minnesota Limited Partner- <br />ship, its agents or employees. <br />'"Gross Revenues" shall mean all revenue derived directly or indirectly by <br />Grantee, its affiliates, subsidiaries, parent, and any person in which Gran- <br />tee has a financial interest of five percent (5%) or more from or in connec- <br />tion with the operation of the System, including but not limited to, basic <br />subscriber service monthly fees, pay cable fees, installation and reconnec- <br />tion fees, leased channel fees, converter rentals, studio rental, production <br />equipment and personnel fees-, and advertising revenues. The term does not <br />include any taxes on services furnished by Grantee and imposed directly upon . <br />any subscriber or user by the State, City or other governmental unit and <br />collected by Grantee on behalf of said governmental unit. <br />I <br />"Installation" means the connection of the System from feeder cable to the <br />point of connection. <br />"Lockout Device" is an optional mechanical or electrical accessory to a <br />subscriber's terminal which inhibits the viewing of a certain channel or <br />channels provided by way of cable communications system.