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system franchised in an adjacent locality; or (vii) an open video system that complies with § 653 of Title VI of the Communications Act of 1934, as amended, 47 U.S.C. § 573. 1.6. Channel: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(4), meaning a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel, as defined by the Federal Communications Commission by regulation. 1.7. Communications Act: The Communications Act of 1934, as amended. 1.8. Educational Access Channel: An Access Channel available for use by the local schools and educational institutions in the Franchise Area. 1.9. FCC: The United States Federal Communications Commission or successor governmental entity thereto. 1.10. Force Majeure: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, Section 15.2-2108.19, meaning an event or events reasonably beyond the ability of Franchisee to anticipate and control. "Force majeure" includes, but is not limited to, acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, governmental actions and restrictions, work delays caused by waiting for utility providers to service or monitor or provide access to utility poles to which Franchisee's facilities are attached or to be attached or conduits in which Franchisee's facilities are located or to be located, and unavailability of materials or qualified labor to perform the work necessary. 1.11. Franchise Area: The incorporated area of the LFA and such additional areas as may be included in the corporate limits of the LFA during the term of this Franchise. 1.12. Franchisee: Cox Communications Hampton Roads, LLC, and its lawful and permitted successors, assigns and transferees. 1.13. Government Access Channel: An Access Channel available for use by the LFA. 1.14. Gross Revenue: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1. 2, § 15.2-2108.19, meaning all revenue, as determined in accordance with generally accepted accounting principles, that is actually received by the Franchisee and derived from the operation of the Cable System to provide Cable Services in the Franchise Area; however, "gross revenue" shall not include: (i) refunds or rebates made to Subscribers or other third parties; (ii) any revenue which is received from the sale of merchandise over home shopping channels carried on the Cable System, but not including revenue received from home shopping channels for the use of the Cable Service to merchandise; (iii) any tax, fee, or charge collected by the Franchisee and remitted to a governmental entity or its agent or designee, including without limitation a local public access or education group; (iv) program launch fees; (v) directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement, and electronic publishing; (vi) a sale of Cable Service for resale or for use as a component part of or for the integration into Cable Services to