Ordinance 3077-08 - Laserfiche WebLink

1. DEFINITIONS Except as otherwise provided herein, the definitions and word usages set forth in the Communications Act (as hereinafter defined) are incorporated herein and shall apply in this Agreement. In addition,the following definitions shall apply: 1.1 Access Channel: A video Channel, which Franchisee shall make available to the City without charge for non-commercial Public, Educational, or Governmental use for the transmission of video programming as directed by the City. 1.2 Additional Service Area: Shall mean any such portion of the Service Area added pursuant to Section 3.1.3 of this Agreement. 1.3 Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, the Franchisee. 1.4 Basic Service: Any service tier, which includes the retransmission of local television broadcast signals as well as the PEG Channels required by this Franchise. 1.5 Cable Service or Cable Services: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(6). 1.6 Cable System or System: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(7), meaning Franchisee's facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the Service Area. The Cable System shall be limited to the optical spectrum wavelength(s), bandwidth or future technological capacity that is used for the transmission of Cable Services directly to Subscribers within the Franchise/Service Area and shall not include the tangible network facilities of a common carrier subject in whole or in part to Title II of the Communications Act or of an Information Services provider. 1.7 Channel: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(4). 1.8 Communications Act: The Communications Act of 1934, as amended. 1.9 Control: The ability to exercise de facto or de jure control over day-to-day policies and operations or the management of Franchise's affairs. 1.10 Educational Access Channel: An Access Channel available solely for the use of the local public schools and other higher level educational institutions in the Franchise Area. 1.11 FCC: The United States Federal Communications Commission or successor governmental entity thereto. 1.12 Force Majeure: An event or events reasonably beyond the ability of Franchisee to anticipate and control. This includes, but is not limited to, severe or unusual weather EVERETT 3 Seattle-3388207.8 0010932-00119