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pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance <br /> or rebuild of the Cable System. See 47 C.F.R. § 76.309(c)(4)(ii). <br /> 1.23 PEG: Public, Educational, and Governmental. <br /> 1.24 Person: An individual, partnership, association,joint stock company, trust, <br /> corporation, or governmental entity. <br /> 1.25 Public Access Channel: An Access Channel available and intended for use by the <br /> residents in the Franchise Area. <br /> 1.26 Public Rights-of-Way: The surface and the area across, in, over, along, upon and <br /> below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and <br /> boulevards, including but not limited to, non-exclusive easements held by the City for general <br /> utility use, and public lands and waterways used as Public Rights-of-Way, as the same now or <br /> may thereafter exist, which are under the jurisdiction or control of the City. Public Rights-of- <br /> Way do not include the airwaves above a right-of-way with regard to cellular or other nonwire <br /> communications or broadcast services, and do not include easements held by the City exclusively <br /> for its own utility use and do not include non Right-of-Way properties owned by the City. <br /> 1.27 Service Area: All portions of the Franchise Area where Cable Service is being <br /> offered, including the Initial Service Area and any Additional Service areas. <br /> 1.28 Service Date: The date that the Franchisee first provides Cable Service on a <br /> commercial basis directly to multiple Subscribers in the Franchise Area. The Franchisee shall <br /> memorialize the Service Date by notifying the City in writing of the same, which notification <br /> shall become a part of this Franchise. <br /> 1.29 Service Interruption: The loss of picture or sound on one or more cable channels. <br /> 1.30 Subscriber: A Person who lawfully receives Cable Service over the Cable System <br /> with Franchisee's express permission. <br /> 1.31 Telecommunications Facilities: Franchisee's existing Telecommunications <br /> Services and Information Services facilities and its FTTP Network facilities. <br /> 1.32 Telecommunication Services: Shall be defined herein as it is defined under <br /> Section 3 of the Communications Act, 47 U.S.C. § 153(46). <br /> 1.33 Title II: Title II of the Communications Act. <br /> 1.34 Title VI: Title VI of the Communications Act. <br /> 1.35 Transfer of the Franchise: <br /> 1.35.1 Any transaction in which: <br /> EVERETT 7 <br /> Seattle-3388207.8 0010932-00119 <br />