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2025 Ordinances
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12/10/2025 10:42:58 AM
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1/2/2025 4:38:28 PM
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generation, reception, and control equipment that is designed to provide Cable Service that <br />includes Video Programming and that is provided to multiple Subscribers within the Service <br />Area, except that such term shall not include (i) a system that serves fewer than twenty (20) <br />Subscribers; (ii) a facility that serves only to retransmit the television signals of one or more <br />television broadcast stations; (iii) a facility that serves only Subscribers without using any Public <br />Rights -of -Way; (iv) a facility of a common carrier that is subject, in whole or in part, to the <br />provisions of Title 11 of the Communications Act of 1934, 47 U.S.C. § 201 et seq., except that <br />such facility shall be considered a Cable System to the extent such facility is used in the <br />transmission of Video Programming directly to Subscribers, unless the extent of such use is <br />solely to provide interactive on -demand services; (v) any facilities of any electric utility used <br />solely for operating its electric system; (vi) any portion of a system that serves fewer than fifty <br />(50) Subscribers in any locality, where such portion is a part of a larger system franchised in an <br />adjacent locality; or (vii) an open video system that complies with § 653 of Title VI of the <br />Communications Act of 1934, as amended, 47 U.S.C. § 573. <br />1.6. Channel: Shall be defined herein as it is defined under Section 602 of the <br />Communications Act, 47 U.S.C. § 522(4), meaning a portion of the electromagnetic frequency <br />spectrum which is used in a cable system and which is capable of delivering a television channel, <br />as defined by the Federal Communications Commission by regulation. <br />1.7. Communications Act: The Communications Act of 1934, as amended. <br />1.8. Educational Access Channel: An Access Channel available for use by the <br />local schools and educational institutions in the Franchise Area. <br />1.9. FCC: The United States Federal Communications Commission or <br />successor governmental entity thereto. <br />1.10. Force Majeure: Shall be defined herein as it is defined under Title 15.2 of <br />the Code of Virginia, Chapter 21, Article 1.2, Section 15.2-2108.19, meaning an event or events <br />reasonably beyond the ability of Franchisee to anticipate and control. "Force majeure" includes, <br />but is not limited to, acts of God, incidences of terrorism, war or riots, labor strikes or civil <br />disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, <br />governmental actions and restrictions, work delays caused by waiting for utility providers to <br />service or monitor or provide access to utility poles to which Franchisee's facilities are attached <br />or to be attached or conduits in which Franchisee's facilities are located or to be located, and <br />unavailability of materials or qualified labor to perform the work necessary. <br />1.11. Franchise Area: The incorporated area of the LFA and such additional <br />areas as may be included in the corporate limits of the LFA during the term of this Franchise. <br />1.12. Franchisee: Verizon Virginia Inc., and its lawful and permitted <br />successors, assigns and transferees. <br />1.13. Government Access Channel: An Access Channel available for use by the <br />LFA. <br />
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