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� k ,f ; ' �, <br /> use is solely to provide interactive on-demand services; 4) an open video system that complies <br /> with Section 653 of the Communications Act; or 5) any facilities of any electric utility used <br /> solely for operating its electric utility systems. <br /> "Channel" or "Cable Channel" means a portion of the electromagnetic frequency <br /> spectrum which is used in a cable system and which is capable of delivering a television channel <br /> as a television channel is defined by the Federal Communications Commission by regulation. <br /> "Comcast" shall mean Comcast Corporation or its successor. <br /> "Customer" or "Subscriber" means a Person who lawfully receives and pays for Cable <br /> Service with the Comcast's express permission. , <br /> "City" means the City of Decatur, Illinois or the lawful successor, transferee, designee, or I! <br /> assignee thereo£ <br /> "FCC" means the Federal Communications Commission or successor governmental <br /> entity thereto. <br /> "Franchise" means the initial authorization, or renewal thereof, issued by the City, <br /> whether such authorization is designated as a franchise, agreement, permit, license, resolution, <br /> contract, certificate, ordinance or otherwise, which authorizes the construction and operation of <br /> the Cable System. <br /> ``Franchise Agreement" or "Agreement" means this Agreement and any amendments or <br /> modifications hereto. <br /> "Franchise Area" means the present legal boundaries of the City as of the Effective Date, <br /> and shall also include any additions thereto, by annexation or other legal means. <br /> "Gross Revenue" means the Cable Service revenue derived by the Comcast from and in <br /> connection with the operation of the Cable System in the Franchise Area to provide Cable <br /> Services. Comcast shall maintain their books and records in accordance with Generally <br /> Accepted Accounting Principles. Cable Service revenue includes but is not limited to monthly <br /> basic, digital, premium and pay-per-view video fees, advertising and home shopping revenue, <br /> installation fees, franchise fees, late fees and equipment rental fees. Gross Revenue shall not <br /> include refundable deposits, bad debt, investment income, programming launch support <br /> payments, advertising sales commissions, nor any taxes, fees or assessments of general <br /> applicability imposed or assessed by any governmental authority. <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 /> "Right-of-Way" means any street, alley, other land or waterway, dedicated or commonly <br /> used for utility purposes, including utility easements in which the City has the right and authority <br /> to authorize, regulate or permit the location of facilities other than those of the City. "Right-of- <br /> way" shall not include any real or personal City property that is not specifically described in the <br /> 2 <br /> 1043854v2 <br />