|
from time to time. Gross Revenue shall not include refundable deposits, bad debt, investment
<br /> income, programming launch support payments, third party advertising sales commissions and
<br /> agency fees, nor any taxes, fees or assessments imposed or assessed by any governmental
<br /> authority. Gross Revenues shall include amounts collected from Subscribers for Franchise Fees
<br /> pursuant to City of Dallas, Texas v. F.C.C., 118 F.3d 393 (5t' Cir. 1997), and amounts collected
<br /> from non-Subscriber revenues in accordance with the Court of Appeals decision resolving the
<br /> case commonly known as the "Pasadena Decision," City of Pasadena, California et. al.,
<br /> Petitions for Declaratory Ruling on Franchise Fee Pass Through Issues, CSR 5282-R,
<br /> Memorandum Opinion and Order, 16 FCC Rcd. 18192 (2001), and In re: Texas Coalition of
<br /> Cities for Utility Issues v. F.C.C., 324 F.3d 802 (5th Cir. 2003).
<br /> "Initial Franchise Service Area" means that portion of the Franchise Area served by the
<br /> Grantee's Cable System as of the Effective Date of this Franchise Agreement.
<br /> "Person" means any natural person or any association, firm, partnership, joint venture,
<br /> corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall not
<br /> mean the City.
<br /> "Public, Educational and Governmental (PEG) Access Channel" shall mean a video
<br /> Channel designated for non-commercial use by the City, the public, and/or educational
<br /> institutions such as public or private schools, but not "home schools," community colleges, and
<br /> universities.
<br /> "Public, Educational and Government (PEG) Access Programming" shall mean non-
<br /> commercial programming produced by any City residents or organizations, schools and
<br /> government entities and the use of designated facilities, equipment and/or Channels of the Cable
<br /> System in accordance with 47 U.S.C. 531 and this Agreement.
<br /> "Public Way" shall mean, pursuant and in addition to the City's Right of Way Ordinance
<br /> Chapter 41.4 of the City Code, the surface of, and the space above and below, any street, alley,
<br /> other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other
<br /> similar purposes, including, but not limited to, public utility easements and other easements
<br /> dedicated for compatible uses, now or hereafter held by the City in the Franchise Area, to the
<br /> extent that the City has the right and authority to authorize, regulate, or permit the location of
<br /> facilities other than those of the City. Public Way shall not include any real or personal City
<br /> property that is not specifically described in this definition and shall not include City buildings,
<br /> fixtures, and other structures and improvements, regardless of whether they are situated in the
<br /> Public Way.
<br /> "Standard Installation" means those installations to Subscribers that are located up to one
<br /> hundred twenty-five (125) feet from the existing distribution system (Cable System).
<br /> "Video Programming" or"Programming"means programming provided by, or generally
<br /> considered comparable to programming provided by, a television broadcast station.
<br /> SECTION 2: Grant of Authority
<br /> 3
<br />
|