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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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1. 14. Gross Revenue: Shall be defined herein as it is defined under Title 15.2 of <br />the Code of Virginia, Chapter 21, Article 1.2, § 15.2-2108.19, meaning all revenue, as determined <br />in accordance with generally accepted accounting principles, that is actually received by the <br />Franchisee and derived from the operation of the Cable System to provide Cable Services in the <br />Franchise Area; however, "gross revenue" shall not include: (i) refunds or rebates made to <br />Subscribers or other third parties; (ii) any revenue which is received from the sale of <br />merchandise over home shopping channels carried on the Cable System, but not including <br />revenue received from home shopping channels for the use of the Cable Service to sell <br />merchandise; (iii) any tax, fee, or charge collected by the Franchisee and remitted to a <br />governmental entity or its agent or designee, including without limitation a local public access or <br />education group; (iv) program launch fees; (v) directory or Internet advertising revenue <br />including, but not limited to, yellow page, white page, banner advertisement, and electronic <br />publishing; (vi) a sale of Cable Service for resale or for use as a component part of or for the <br />integration into Cable Services to be resold in the ordinary course of business, when the reseller <br />is required to pay or collect franchise fees or similar fees on the resale of the Cable Service; (vii) <br />revenues received by any affiliate or any other person in exchange for supplying goods or <br />services used by the Franchisee to provide Cable Service; and (viii) revenue derived from <br />services classified as Non -Cable Services under federal law, including, without limitation, <br />revenue derived from Telecommunications Services and Information Services, and any other <br />revenues attributed by the Franchisee to Non -Cable Services in accordance with rules, <br />regulations, standards, or orders of the Federal Communications Commission. <br />1.15. High -Definition, or HD: For purposes of this Franchise, a display format <br />for digital television transmission of PEG Channels transmitted in a 16:9 aspect ratio with a <br />resolution of at least 720p. <br />1.16. Information Services: Shall be defined herein as it is defined under <br />Section 3 of the Communications Act, 47 U.S.C. §153(24), meaning the offering of a capability <br />for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making <br />available information via telecommunications, and includes electronic publishing, but does not <br />include any use of any such capability for the management, control, or operation of a <br />telecommunications system or the management of a telecommunications service. <br />1.17. Internet Access: Dial-up or broadband access service that enables <br />Subscribers to 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 <br />Cable Services. <br />1.20. Normal Business Hours: Shall be defined herein as it is defined under 47 <br />C.F.R. § 76.309(c)(4)(i), meaning those hours during which most similar businesses in the <br />community are open to serve customers. In all cases, "normal business hours" must include <br />some evening hours at least one night per week and/or some weekend hours. <br />
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