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<br />ORDINANCE <br /> <br />- <br /> <br />CABLE FRANCHISE <br /> <br />This Ordinance grants a Cable Franchise ("Franchise") to Cavalier IP TV, LLC <br />("Grantee") to construct, operate and maintain a cable system in the City of Portsmouth, <br />Virginia, a political subdivision of the Commonwealth of Virginia ("City"). <br /> <br />This Franchise constitutes a franchise held by Grantee consistent with the requirements of <br />the Code of Virginia, Article 1.2, ~ 15.2-2108, as amended. <br /> <br />SECTION 1 - Definition of Terms <br /> <br />For the purpose of this Franchise, capitalized tenns, phrases, words, and abbreviations <br />shall have the meanings ascribed to them in the Code of Virginia, Article 1.2, ~ 15.2- <br />2108.19, and the Cable Communications Policy Act of 1984, as amended from time to <br />time, 47 U.S.C. ~~ 521 et seq. (the "Cable Act"), unless otherwise defined herein. <br /> <br />1.1 "Act" means the Communications Act of 1934, as amended. <br /> <br />1.2 "Affiliate", in relation to any Person, means another Person who owns or <br />controls, is owned or controlled by, or is under common ownership or control with, such <br />Person. <br /> <br />1.3 "Basic Service Tier" means the service tier that includes (i) the <br />retransmission of local television broadcast channels and (ii) educational and <br />governmental channels required to be carried in the basic tier. <br /> <br />1.4 "Cable Operator" means any Person or group of Persons that (A) provides <br />Cable Service over a Cable System and directly or through one or more affiliates owns a <br />significant interest in such Cable Systems or (B) otherwise controls or is responsible for, <br />through any arrangement, the management and operation of a Cable System. Cable <br />Operator does not include a provider of wireless or direct-to-home satellite transmission <br />servIce. <br /> <br />1.5 "Cable Service" means the one-way transmission to Subscribers of (i) <br />Video Programming or (ii) other programming service, and Subscriber interaction, if any, <br />which is required for the selection or use of such Video Programming or other <br />programming service. Cable service does not include any Video Programming provided <br />by a commercial mobile service provider defined in 47 U.S.C. ~ 332(d). <br /> <br />1.6 "Cable System" or "System" means any facility consisting of a set of <br />closed transmission paths and associated signal generation, reception and control <br />equipment that is designed to provide Cable Service that includes Video Programming <br /> <br />993461v2 <br />