“Additional, other programming service or optional service” means information that an Operator makes available to all Subscribers generally.

“Affiliate” when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.

“Basic service” means the lowest priced tier of Cable Service that includes the retransmission of local broadcast television signals.

“Cable Act” means the Title VI of the Communications Act of 1934 as currently established or as hereafter modified or amended.

“Cable Franchise Ordinance” shall mean this ordinance as approved or modified by the City Council of Lindon City.

“Cable Services” shall mean (1) the one-way transmission to Subscribers of (a) video programming, or (b) other programming service, and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programing service.

“City” means Lindon City, Utah and such reorganized, consolidated, enlarged or reincorporated form as may exist during the term of a franchise. Any act to be performed by the City pursuant to this ordinance shall be deemed to be performed by authority of the City Council unless otherwise specifically designated or unless the City’s City Council shall specifically designate other individuals or governmental agencies to perform such acts.

“Franchise” means an initial authorization, or renewal thereof issued by the City, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a Cable System and includes the agreement between the City and any person or entity which incorporates and implements the privileges and covenants of this Franchise Ordinance.

“May” is permissive.

“Network or Cable System” means the facilities, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designated to provide Cable Services which includes video programming and which is provided to multiple Subscribers within the Service Area and is authorized by this Franchise Ordinance.

“Operator” means any person or group of persons who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System.

“Person” means any individual, partnership, association, joint stock company, trust, or governmental entity.

“Gross Revenues” means all revenues in whatever form, from any source, directly received by the Operator or Affiliate of the Operator that would constitute a Cable Operator of the Cable System under the Cable Act, derived from the operation of the Cable System to provide Cable Services in any manner that requires use of the Public Ways in the Service Area. Gross Revenues shall include, but are not limited to, basic, expanded basic and pay service revenues, revenues from installation, rental of converters, the applicable percentage of the sale of local and regional advertising time, cable Internet services to the extent this service is considered to be a Cable Service as defined by law, and any leased access revenues.

“Gross Revenues” do not include any fees or taxes which are imposed directly or indirectly on any Subscriber by any governmental unit or agency, and which are collected by the Grantee on behalf of a governmental unit or agency. Gross Revenues do not include franchise fees, or revenue which cannot be collected by the Grantee and are identified as bad debt; provided, that if revenue previously representing bad debt is collected, this revenue shall be included in Gross Revenues for the collection period.

“Service area” shall mean all geographical areas within the incorporated portions of the City and any area hereinafter incorporated into the City.

“Shall” and “Must” are mandatory and not merely directory.

“State” means the State of Utah.

“Street or Public Way” shall mean such of the following which have been or hereafter will be dedicated to the public or rights-of-way not dedicated to the public which the City uses or rights-of-way dedicated for compatible uses and maintained under public authority and located within the service area: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, right-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the City shall permit to be included within the definition of street from time to time which shall entitle the City and the Operator to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable System.

“Subscriber” shall mean any person who with the knowledge and permission of an Operator received either basic service or additional or optional service from the Operator.