Common use of Cable System or System Clause in Contracts

Cable System or System. Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(7), as may be amended, which currently states “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 a community, but such term does not include (A) a facility that serves only to retransmit the television signals of 1 or more television broadcast stations; (B) a facility that serves subscribers without using any public right- of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of [Title II of this Act], except that such facility shall be considered a cable system (other than for purposes of section 621(c)to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with section 653 of this title; or (E) any facilities of any electric utility used solely for operating its electric utility system.” The Cable System shall be limited to the optical spectrum wavelength(s), bandwidth, or future technological capacity that is used for the transmission of Cable Services directly to Subscribers within the Township and shall not include the tangible network facilities of a common carrier subject in whole or in part to Title II of the Communications Act or of an Information Services provider.

Appears in 3 contracts

Samples: Renewal Agreement, Cable Franchise Renewal Agreement, Cable Franchise Renewal Agreement

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Cable System or System. Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(7), as may be amended, which currently states states: “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 Cable Service which includes video programming and which is provided to multiple subscribers Subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of 1 one or more television broadcast stations; (B) a facility that serves subscribers Subscribers without using any public right- Public Rights-of-wayWay; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of [Title II of this Act], except that such facility shall be considered a cable system Cable System (other than for purposes of section 621(c)to Section 621(c)) to the extent such facility is used in the transmission of video programming directly to subscribersSubscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with section Section 653 of this title; or (E) any facilities of any electric utility used solely for operating its electric utility systemsystems.” The Cable System shall be limited to the optical spectrum wavelength(s), bandwidth, or future technological capacity that is used for the transmission of Cable Services directly to Subscribers within the Township and shall not include the tangible network facilities of a common carrier subject in whole or in part to Title II of the Communications Act or of an Information Services provider.

Appears in 1 contract

Samples: Cable Franchise Agreement

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Cable System or System. Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(7), as may be amended, which currently states “a meaning the Franchisee’s facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service Cable Service which includes video programming and which is provided to multiple subscribers Subscribers within a community, but such term does not include include: (A) a facility that serves only to retransmit the television signals of 1 one or more television broadcast stations; (B) a facility that serves subscribers Subscribers without using any public right- Public Rights-of-wayWay; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of [Title II of this Act], except that such facility shall be considered a cable system Cable System (other than for purposes of section 621(c)to Section 621(c)) to the extent such facility is used in the transmission of video programming directly to subscribersSubscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with section Section 653 of this title; or (E) any facilities of any electric utility used solely for operating its electric utility system.” systems. The Cable System shall be limited to the optical spectrum wavelength(s), bandwidth, or future technological capacity that is used for the transmission of Cable Services directly to Subscribers within the Township Franchise Area and shall not include the tangible network facilities of a common carrier subject in whole or in part to Title II of the Communications Act or of an Information Services provider.

Appears in 1 contract

Samples: Cable Franchise Agreement

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