744-00 Renew FSN Cable TV Franchise

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(iii.) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Communications Act of 1934, except 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; (iv.) an open video system that complies with 47 U.S.C. Section 573; or i - (v.) any facilities of an electric utility used solely for operating its electric I . utility systems. H. "City" or "City of Zephyrhills" means the City Council or the City of Zephyrhills, Florida and the incorporated city limits thereof. I. "Converter" means an electronic device which converts signals to a i. frequency into not susceptible to interference within the television receiver of a Subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations. J. "Council" or "City Council" means the City Council of the City of Zephyrhills. K. "Designee"means the person or department, chosen by the City Council to act in matters related to cable television. L. "Fair Market Value"means the price that a willing buyer would pay to a willing seller for ownership of the Cable System determined on the basis of a Cable System valued as a going concern but with no value allocated to the Franchise itself. M "Federal Communications Commission"or "FCC" means the present federal agency of that name as constituted by the Commissions Act of 1934, or any successor agency created by the United States Congress. N. "Franchise" means the non-exclusive rights granted hereunder to construct, operate, maintain, repair and upgrade a Cable Television System in or along the public ways in the City, or within specified areas in the city, and is not intended to include any license or permit required for the privilege or transacting and carrying on a business within the City as may be required by other ordinances and laws of the City. 0. "Franchise Agreement"means the agreement between the City and the Grantee evidencing the award of a cable television Franchise and consisting of all other terms and conditions with respect to such award, not inconsistent with the provisions of the Cable Act and this ordinance as the same may be amended, including all attachments, appendices, and amendments to such agreement. P. "Franchise Area" means that portion of the City for which a Franchise is granted under the authority of this ordinance. The Franchise Area may be the corporate limits of the City as they may from time to time be redrawn or a portion thereof. Q. "Grantee" means the Person granted a franchise by the City under this ordinance and its lawful and approved successor.