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by way of example but not timited to pay cablecasting, burglar <br />alarm, data or other electronic intelligence transmission, <br />facsimile reproduction, meter reading, and home shopping. <br /> <br /> "Subscriber" shall mean a purchaser or receiver <br />of any service delivered over the cable television communications <br />system and includes those persons who are not required to pay <br />any fee because of their exemption from fees by this ordinance <br />or by the franchise. <br /> <br /> ~Subscriber Service Drop'~ shall mean each extension <br />wiring from the franchisee's distribution lines ko a subscriber's <br />building. <br /> <br /> "Tapping" means observing a two-way communications <br />signal exchange, where the observer is neither of the communicating <br />parties, whether the communications signal exchange is observed <br />by visual or electronic means, for any purpose whatsoever. <br /> <br /> "User" shall mean a pers6n or organization utilizing <br />a system channel as a producer, for purposes of production and/or <br />transmission of material. <br /> <br />Article tit. Franchise Generally. <br /> <br />Section 5A-3. Requirement of franchise. <br /> <br /> No person, firm, corporation or other entity, shall <br />own or operate a cable television communications system as defined <br />herein~ mn the City of Portsmouth, except by franchise granted by <br />the city, which shall conform with the specifications of this <br />ordinance and with the requirements of federal and state law now <br />or hereafter enacted. <br /> <br />Section 5A-4. Contravention of Franchise. <br /> <br /> A~y breach by the franchisee of the franchise agreement, <br />in addition to constituting a breach Of contract~ shall be deemed a <br />violation of this ordinance. Tile reasonable cos= of any litigation, <br />including attorneys' fees, incurred by the city to enforce this <br />ordinance or the franchise shall be reimbursed to the city by the <br />franchisee, in respect of such litigation or part thereof in which <br />the city is the prevailing party. <br /> <br />Section 5A-5. Required-updating of franchise. <br /> <br /> The substantive provisions of the franchise are subject to <br />the applicable provisions of federal and state law. in~ any conflict <br /> <br /> <br />