ADELPHIA 2 - 2005 - Laserfiche WebLink

Home Browse Search

that is provided to multiple subscribers within a community. Unless otherwise specified, the term "cable system" means the system that Grantee is authorized by this Agreement to construct, operate, and maintain. The term "cable system" does not include: (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Telecommunications Act of 1996, except that such facility will be considered a cable system (other than for purposes specified in Section 621 (c) ofthe 1984 Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (d) an open video system that complies with Section 653 of Title VI ofthe Telecommunications Act of 1996; or (e) any facilities of an electric utility that are used solely for operating its electric utility system. Unless otherwise specified, the terms "Cable System," "Cable Television System" and "System" specifically denote Grantee's cable system located in the City of Santa Ana that is constructed and operated under this Agreement. "Complaint" means a billing dispute in which a subscriber notifies Grantee of an outage or degradation in picture quality that is not corrected following the initial telephone or servi ce call. "Complimentarv Account" means an account for cable service established by Grantee for which no revenue is requested or received, such as accounts for cable company employees, landlords of multi-tenant buildings, public agencies, and schools. "Control" or "Controlling Interest" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, or debt instruments, as the case may be, of the cable system or the Grantee. "Drop" means the cable and related equipment connecting the cable system's plant to equipment at the premises of a subscriber or the facilities of the Grantor. "Education Channel" means any channel where non-profit educational institutions are the primary designated programmers. "FCC" means the Federal Communications Commission. "Franchise" means this written agreement in accordance with which the Grantor authorizes the Grantee to use the Grantor's streets and public ways for the purpose of installing, operating, and maintaining a cable system to provide cable service. 12097-0002\680672v19.doc -42- City of Santa Ana EXECUTION COPY 4/07/0S