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educational, and governmental access programming required by the <br />Franchise to be carried on the basic tier. Basic Cable Service as defined • <br />herein shall not be inconsistent with 47 U.S.C. §§ 522(3) or 543(b)(7). <br />3.03 "Cable Service" or "Service" means (A) the one-way transmission to <br />Subscribers of (i) Video Programming or (ii) Other Programming Service, <br />and (B) Subscriber interaction, if any, which is required for the selection or <br />use of such Video Programming or Other Programming Service. Cable <br />Service as defined herein shall not be inconsistent with the definition set <br />forth in 47 U.S.C. § 522(6). <br />3.04 "Cable System" or "System" means a facility, consisting of a set of closed <br />transmission paths and associated signal generation, reception, and <br />control equipment that is designed to provide Cable Service which <br />includes Video Programming and which is provided to multiple <br />Subscribers within a community, but such term does not include: <br />A. a facility that serves only to retransmit the television signals of one <br />(1) or more television broadcast stations; <br />B. a facility that serves Subscribers without using any public Right -of - <br />Way; <br />C. a facility of a common carrier which is subject, in whole or in part, to • <br />the provisions of 47 U.S.C. § 201 et seq., except that such facility <br />shall be considered a Cable System (other than for purposes of 47 <br />U.S.C. § 541(c)) to the extent such facility is used in the <br />transmission of Video Programming directly to Subscribers, unless <br />the extent of such use is solely to provide interactive on -demand <br />services; <br />D. an open video system that complies with 47 U.S.C. § 573; or <br />E. any facilities of any electric utility used solely for operating its <br />electric utility systems. <br />3.05 "Channel" or "Cable Channel" means a portion of the electromagnetic <br />frequency spectrum which is used in a Cable System and which is <br />capable of delivering a television Channel as defined by the FCC. <br />3.06 "City' means City of Charlottesville, a municipal corporation, in the State of <br />Virginia, acting by and through its City Council, or its lawfully appointed <br />designee. <br />3.07 "City Council" means the governing body of the City of Charlottesville, <br />Virginia. <br />• <br />2 <br />