1.1 Additional Insureds shall have the same meaning as "Indemnities" in Section 7.2.
1.2 Affiliate (and it variants) shall mean any entity controlling, controlled by or under common control with the entity in question.
1.3 Authorized Area shall mean the entire area of the City
1.4 Cable Gross Revenues or Gross Revenues shall mean all revenue received directly or indirectly by Company derived from the operation or the distribution of any cable service over the Cable System. Gross Revenue shall also include all revenue which is received by Company from any other person, including, without limitation, any Leased Access Channel programmer, and which is derived from or in connection with the distribution of Cable Service over the Cable System. Gross Revenue, for purposes hereof, shall also specifically include any revenue derived from the operation of the Cable System to provide cable services received by its affiliates subsidiaries, parent, or any person or entity in which Company has financial interest, which has the effect of avoiding the payment of compensation that would otherwise be payable as a percentage of Gross Revenue to the City for the Franchise granted herein. Gross Revenue shall also include home shopping revenue, leased access revenue, and advertising revenue which is received directly or indirectly by Company, persons affiliated with them or any persons in which has a Company financial interest, from or in connection with the distribution of any cable service over the Cable System. Gross Revenue shall not include: (1) any taxes, fee or assessment collected by the Company from Subscribers for pass-through to a government agency, including the FCC User Fee; (2) un-recovered bad debt; and (3) any PEG or I-Net amounts recovered from Subscribers. Gross Revenue shall include franchise fees collected from subscribers.
1.5 Cable Services shall mean only:
1.5.1 The one-way transmission to subscribers of (i) video programming or (ii) other programming services; and Subscriber interaction, in any, which is required for the selection or use of such video programming or other programming service.
1.5.2 Cable Television Business shall mean the provision by the Company of Cable Services solely by means of the Cable System.
1.6 Cable System or System shall mean a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Services which is provided to multiple subscribers within the Authorized Area, but such term does not include (i) a facility that serves only to re-transmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right of way; (iii) 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 of such 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; (iv) and open video system that complies with Section 653 of Title VI of the Communications Act of 1934, as amended, or (v) any facilities of any electric utility used solely for operating its electric utility system.
1.7 Company shall have the meaning set forth in the introduction to this Franchise Agreement
1.8 Drop shall mean the cable or wire that connects the distribution portion of a Cable System to a customer's premises.
1.9 Effective Date shall have the meaning set forth in Part 15.8.
1.10 Event of Default shall have the meaning defined in Part 12.
1.11 FCC shall mean Federal Communications Commission.
1.12 Franchise or Franchise Agreement shall mean this document.
1.13 Franchise Fee shall have the meaning set forth in Part 8.
1.14 City shall have the meaning set forth in the introduction to this Franchise Agreement.
1.15 Normal Business Hours shall have the meaning set forth in Part 5.
1.16 PEG Channels shall have the meaning set forth in Part 6.
1.17 Public Ways shall mean all dedicated public right-of-way, streets, highways, and alleys. "Public Ways" shall not include property of City which is not a dedicated public right-of -way, street, or highway, or alley.
1.18 System shall have the same meaning as Cable System.
1.19 Telecommunications Service shall mean the offering of telecommunications directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used, where the term "telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. "Telecommunications Services" shall not include Cable Services.
1.20 Uncured Event of Default shall have the meaning defined in Part 12.