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"Franchise" means an initial authorization, or the renewal of an initial <br />authorization, granted by the City Council, whether such authorization is <br />designated as a franchise, agreement, permit, license, resolution, contract, <br />certificate, or otherwise, that authorizes the construction or operation of a cable <br />system or an open video system. <br /> <br />"Franchise fee" means any fee or assessment of any kind that is authorized by <br />state or federal law to be imposed by the City on a Grantee as compensation in <br />the nature of rent for the Grantee's use of the public rights-of-way. The term <br />"franchise fee" does not include: <br /> <br />(i) Any tax, fee, or assessment of general applicability (including any <br />such tax, fee, or assessment imposed on both utilities and Grantees or <br />their services); <br /> <br />(ii) Capital costs that are required by the franchise to be incurred by a <br />Grantee for public, educational, or governmental access facilities; <br /> <br />(iii) Costs or charges that are incidental to the award or enforcement of <br />the franchise, including payments for bonds, security funds, letters of <br />credit, insurance, indemnification, penalties, or liquidated damages; or <br /> <br />(iv) Any fee imposed under Title 17, United States Code. <br /> <br />"Franchise service area" or "service area" means the entire geographic area of <br />the City as it is now constituted, or may in the future be constituted, unless <br />otherwise specified in the ordinance granting a franchise, or in a franchise <br />agreement. <br /> <br />"Grantee" means any person that is awarded a franchise in accordance with this <br />article, and that person's lawful successor, transferee, or assignee. <br /> <br />"Open video system" means a facility consisting of a set of transmission paths <br />and associated signal generation, reception, and control equipment that is <br />designed to provide cable service, including video programming, and that is <br />provided to multiple subscribers within the City, provided that the FCC has <br />certified that such system is authorized to operate in the City and complies with <br />47 CFR 1500 et seq., entitled "Open Video Systems." <br /> <br />"Open video system operator'' means any person or group of persons who <br />provides cable service over an open video system and directly or through one or <br />more affiliates owns a significant interest in that open video system, or otherwise <br />controls or is responsible for the management and operation of that open video <br />system. <br /> <br />"Person" means an individual, partnership, limited liability company, association, <br />joint stock company, trust, corporation, or governmental entity. <br /> <br />Ordinance No. NS-2468 <br /> Page 21 of 24 <br /> <br /> <br />