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For the purpose of this Franchise, the following terms, • phrases, words, and their derivations shall have the meanings given herein, when not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms need in the definition of any other term shall have their meaning as otherwise defined in this Section 3. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 3.01 "Basic Service" means a group or groups of Cable Services distributed over the Cable System consisting of any Service tier which includes the retransmission of local television broadcast Signals. 3.02 "Cable Act" means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. SS 521-611 (1982 & Supp. V 1987)) and any amendments thereto. 3.03 "Cable System", or "System", means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video • programming and which is provided to multiple subscribers within the City, but such term does not include (A) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (B) a facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities crosses or uses any public right-of-way, including streets or easements; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Communications Policy Act of 1984 (47 U.S.C. 521 et seq.), except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility systems. • 3.04 "Cable Service" means: (i) the one-way transmission to Subscribers of video programming or other programming Service; and (ii) Subscriber interaction, if any, which is required for the selection of such video programming or other programming Service. 3.05 "Channel" means a band of frequencies in the electromagnetic spectrum, or any other means of transmission (including, without limitation, optical fibers or any other means now available or that may become available), which is -2-