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be resold in the ordinary course of business, when the reseller is required to pay or collect
<br />franchise fees or similar fees on the resale of the Cable Service; (vii) revenues received by any
<br />affiliate or any other person in exchange for supplying goods or services used by the Franchisee
<br />to provide Cable Service; and (viii) revenue derived from services classified as Non -Cable
<br />Services under federal law, including, without limitation, revenue derived from
<br />Telecommunications Services and Information Services, and any other revenues attributed by the
<br />Franchisee to Non -Cable Services in accordance with rules, regulations, standards, or orders of
<br />the Federal Communications Commission.
<br />1.15. High -Definition, or HD: For the purposes of this Franchise, a display format for
<br />digital television transmissions of PEG Channels transmitted in a 16:9 aspect ratio with a
<br />resolution of at least 720p or such higher resolution or alternative aspect ratio as determined by
<br />the Franchisee in its sole discretion.
<br />1.16. Information Services: Shall be defined herein as it is defined under Section 3 of the
<br />Communications Act, 47 U.S.C. §153(24), meaning the offering of a capability for generating,
<br />acquiring, storing, transforming, processing, retrieving, utilizing, or making available information
<br />via telecommunications, and includes electronic publishing, but does not include any use of any
<br />such capability for the management, control, or operation of a telecommunications system or the
<br />management of a telecommunications service.
<br />1.17. Internet Access: Dial-up or broadband access service that enables Subscribers to
<br />access the Internet.
<br />1.18. Local Franchise Authority (LFA): The City of Portsmouth or the lawful
<br />successor, transferee, or assignee thereof.
<br />1.19. Non -Cable Services: Any service that does not constitute the provision of Cable
<br />Services.
<br />1.20. Normal Business Hours: Shall be defined herein as it is defined under 47 C.F.R. §
<br />76.309(c)(4)(i), meaning those hours during which most similar businesses in the community are
<br />open to serve customers. In all cases, "normal business hours" must include some evening
<br />hours at least one night per week and/or some weekend hours.
<br />1.21. Normal Operating Conditions: Shall be defined herein as it is defined under 47
<br />C.F.R. § 76.309(c)(4)(ii), meaning those service conditions which are within the control of the
<br />Franchisee. Those conditions which are not within the control of the Franchisee include, but are
<br />not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and
<br />severe or unusual weather conditions. Those conditions which are ordinarily within the control of
<br />the Franchisee include, but are not limited to, special promotions, pay-per-view events, rate
<br />increases, regular peak or seasonal demand periods, and maintenance or rebuild of the Cable
<br />System.
<br />1.22. PEG: Public Educational, and Governmental.
<br />1.23. Person: An individual, partnership, association, joint stock company, trust,
<br />corporation, or limited liability entity.
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