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"Public, educational or government access facilities" or "PEG access facilities," means the total of the following: (i) Channel capacity designated educational, or government use; and for noncommercial public, (ii) Facilities and equipment for the use of that channel capacity. "Subscriber" or "customer" or "consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services. "Street" or "public way" means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, and similar public property that the City from time to time authorizes to be included within the definition of a street. " U.S.C. § "means the United States Code. Thus, the citation of "47 U.S.C. §153" refers to Title 47, section 153, of the United States Code. (b) Unless otherwise expressly stated, words, terms, and phrases not defined in this article will be given their meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that Code, their meaning as used in Title 47 of the Code of Federal Regulations. PART 5. VIOLATIONS Sec. 15:269 Violations; Enfomement (a) The penalties for violation of this article, as otherwise specified in this Code, are not applicable to a violation of any provision of this article for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the City and a multichannel video programming distributor or telecommunications service provider. (b) The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this article. Section 3. If any provision of this article is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this article, and such determination will not affect the validity and enforceability of any other provisions. Ordinance No. NS-2468 Page 22 of 24