Section 4.71.020 Definitions.

1. “ Basic Service” shall mean the service tier that, at a minimum, includes all signals of domestic television broadcast stations provided to any customer, any public, educational, and governmental programming required by this agreement to be carried on the basic tier, and any additional video programming signals or service added to the basic tier by the franchisee.

2. “ Cable Act” shall mean the Communications Act of 1934, the Cable Communications Policy Act of 1984, 47 USC §521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, as now or hereafter amended during this Franchise.

c. Internet and Internet access, provided over cable plant, unless FCC regulations prohibit internet from being subject to cable franchises.

4. “ Cable Television System” , or “ Cable System” , or “ System” shall have the same meaning as the definition of cable system found in the Cable Act.

5. “ City” shall mean the City of Sioux City, a municipal corporation of the State of Iowa, in its present incorporation form or in any later reorganized, consolidated, enlarged or reincorporated form.

6. “ City Council” shall mean the City Council of Sioux City, Iowa or such other legally appointed or elected successor agency constituting the governing body of the City.

7. “ Expanded Basic Service” shall mean such level of service as may exist, which contains non-premium and pay-per-view services, and for which the purchase of basic service is a prerequisite.

9. “ Franchise” or “ Franchise Agreement” or “ Agreement” shall mean this Ordinance, passed by the City Council and accepted by the Franchisee providing the Franchisee with the non-exclusive right to construct, operate and maintain within the corporate limits of the City as they exist now and may exist from time to time, and to install poles, underground and aerial cable, pedestals and electronic equipment over, under and across the surface of, and the space below public streets, roads, highways, freeways, lanes, alleys, county sidewalks, parkways, drives or easements (hereinafter “ Streets” ) now or hereafter existing as such within the City.

10. “ Franchisee” means Cable One, the person to whom this Franchise is granted, and its lawful successors, assigns, and transferees.

11. “ Franchisee Fee” shall mean that fee paid to the City by the Franchisee for the right to use the Streets and the right to do business within the City as defined in the Cable Act.

12. Gross Revenues” shall mean any and all revenues derived directly or indirectly by Franchisee, its subsidiaries, parent, and any Person in which Franchisee has a financial interest of five percent (5%) or more, from the provision of cable service to subscribers within City by the Franchisee, its affiliates or subsidiaries from the provision of Cable Service in connection with the operation of the Franchisee’ s Cable System within the City, including, but not limited to the sources of revenue shown in Exhibit A, as amended from time to time.

13. “ Internet Access” means the provision of cable modem service and transport over the cable system of Internet and other high speed data communications.

14. “ Ordinance” shall mean the “ Broadband Telecommunications Regulatory Ordinance” codified as Chapter 4.70 of the Municipal Code of the City of Sioux City, Iowa, as amended.

15. “ Person” shall mean any individual, partnership, association, organization, corporation or any lawful successor, transferee or assignee of such.

16. “ Rebuilt” shall mean the alteration of a Cable System through the replacement of cable, amplifiers, passive devises, etc., so as to increase the bandwidth capacity of the System.

17. “ Service Area” shall mean the geographic area within the incorporated limits of the City having an equivalent of at least twenty-five (25) Subscriber dwelling units per linear or street mile.

20. “ Transfer” shall mean the sale, lease, assignment, merger or other disposition of the Franchise to another person other than a subsidiary, affiliate or parent of the Franchisee. (Ord. 99-7781, S-36880, 1978)