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1.19 "Dwelling Unit" means any building, or portion thereof, that has independent living <br /> facilities, including provisions for cooking, sanitation and sleeping, and that is designed for <br /> residential occupancy. <br /> 1.20 "Expanded Basic Service" means the Tier of optional video programming services,which is <br /> the level of Cable Service received by most Subscribers above Basic Service, and does not include <br /> Premium Services. <br /> 1.21 "FCC"means the Federal Communications Commission. <br /> 1.22 "Fiber Optic" means a transmission medium of optical fiber cable, along with all associated <br /> electronics and equipment, capable of carrying Cable Service or Institutional Network service by <br /> means of electric lightwave impulses. <br /> 1.23 "Franchise" means the document in which this definition appears, i.e., this Ordinance and, <br /> upon the written unconditional and acknowledged acceptance by Grantee, a contractual agreement, <br /> executed between the City and Grantee, containing the specific provisions of the authorization <br /> granted, including references, specifications,requirements and other related matters. <br /> 1.24 "Franchise Area" means the area within the jurisdictional boundaries of the City, including <br /> any areas annexed by the City during the term of this Franchise. <br /> 1.25 "Fully Allocated Costs" means the City's proportionate share of all direct and actual material <br /> and labor costs (excluding profit) of constructing, relocating or placing additional ducts, conduit or <br /> related structures by Grantee for the City alongside or together with ducts, conduit or structures by <br /> and for Grantee. <br /> 1.26 "Grantee"means Everett Cablevision,Inc.,or its lawful successor,transferee or assignee. <br /> 1.27 "Gross Revenues" means any and all revenue derived by the Grantee or its Affiliates from <br /> the operation of the Grantee's Cable System to provide Cable Services in the City. Gross Revenues <br /> include, by way of illustration and not limitation, monthly fees charged Subscribers for Basic and <br /> Expanded Basic Service; any other Tiers of Cable Service; Premium Services; installation, <br /> disconnection, reconnection and change-in-service fees; Leased Access Channel fees; remote <br /> control rental fees; all Cable Service lease payments from the Cable System; late fees and <br /> administrative fees; fees, payments or other consideration received by the Grantee from <br /> programmers for carriage of programming on the Cable System and recognized as revenue under <br /> generally accepted accounting principles ("GAAP"); revenues from rentals of converters or other <br /> Cable System equipment; advertising sales revenues; the fair market value of consideration in <br /> accordance with GAAP that is received by the Grantee for use of the Cable System to provide <br /> Cable Service; revenues from program guides; revenue from data transmissions to the extent these <br /> transmissions are considered Cable Services under federal law or under State law if so authorized <br /> by federal law; additional outlet fees; revenue from Cable Internet Service to the extent this service <br /> is considered a Cable Service under federal law or under State law if so authorized by federal law; <br /> Page 9 of 58 <br />