§ A230-24. Definitions.

All terms used in this franchise, unless defined below, shall have the same meaning as that found in the Cable Act and applicable Federal Communications Commission regulations:

ACCESS CHANNEL

An access channel that consists of local public, educational or governmental programming pursuant to § 611 of the Cable Act, 47 U.S.C. § 531.

AFFILIATED ENTITY

Any corporation, partnership or other business entity that owns or controls, is owned or controlled by, or is under common ownership or control with Comcast, but does not include those affiliated entities that are not involved with the use, management, operation, construction, repair and/or maintenance of Comcast Corporation's cable systems.

BASIC SERVICE

The service tier that includes at least the retransmission of local broadcast television signals and any access channels.

CABLE ACT

Title VI of the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competitive Act of 1992 and the Telecommunications Act of 1996, as it may, from time to time, be further amended.

CABLE SERVICE

The one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service, pursuant to § 602(6) of the Cable Act, 47 U.S.C. § 522(6).

CABLE SYSTEM OR SYSTEM

A 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 Town pursuant to § 602(7) of the Cable Act, 47 U.S.C. § 522(7).

CHANNEL

A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as a television channel is defined by FCC regulation pursuant to § 602(4) of the Cable Act, 47 U.S.C. § 522(4).

COMMUNICATIONS ACT

The Federal Communications Act of 1934, as amended, and as it may, from time to time, be further amended.

DROP

The coaxial or fiber optic or other cable that connects a home or building to the cable system.

EMERGENCY

A condition that either: 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public; or 2) has caused or is likely to cause the cable system in the public rights-of-way to be unusable and result in system-wide loss of the services provided.

FCC

Federal Communications Commission or successor governmental entity.

FRANCHISE

The right granted by the Town to construct, operate and maintain a cable system for the purpose of providing cable service within the corporate limits of the Town as embodied in the terms and conditions of this agreement.

FRANCHISE FEE

The tax, fee or assessment that Comcast remits to the Town for the use of the Town's public rights-of-way pursuant to § 622 of the Cable Act, 47 U.S.C. § 542, and § A230-15 of this agreement.

NORMAL BUSINESS HOURS

Those hours during which most similar businesses in the community are open to serve subscribers. In all cases, normal business hours must include some evening hours at least one night per week and/or some weekend hours.

NORMAL OPERATING CONDITIONS

Business conditions within Comcast's service department which are within the control of Comcast. Those conditions that are not within the control of Comcast include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions.

OUTAGE

The loss of video programming on one or more channels.

PROGRAMMING

Any video signal carried over the cable system that is generally considered comparable to video programming provided by a television broadcast station pursuant to § 602(20) of the Cable Act, 47 U.S.C. § 522(20).

PUBLIC RIGHTS-OF-WAY

The surface and the area across, in, over, along, under and upon the public streets, roads, lanes, avenues, alleys, sidewalks, bridges, highways and other rights-of-way, as the same now or may thereafter exist, and other properties which are under the jurisdiction or control of the Town.

SUBSCRIBER OR CUSTOMER

A person or entity who contracts with Comcast for, and lawfully receives, the video programming signals and cable services distributed by the cable system.