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ORDINANCE NO. 2000- 38 <br />PAGE 4 <br />channel as defined by the Federal Communications Commission (FCC). (47 USC §522(4)). <br />(f) COUNCIL. Means the Council of the Village of Mayfield. <br />(g) FRANCHISE. Means an initial authorization, or renewal thereof, issued by the <br />Village, whethersuch authorization is designated as a franchise, permit, license, ordinance, <br />resolution, contract, certificate, agreement, or otherwise, which authorizes the construction <br />and/or operation of a cable system. (47 USC §522(g)). <br />(h) FRANCHISE AGREEMENT. Means a franchise granted pursuant to this <br />chapter, containing the specific provisions of the franchise granted, including matters <br />incorporated by reference, specifications, requirements and other related matters. <br />(i) FRANCHISE FEE. Means any tax, fee or assessment of any kind imposed by <br />the Village or other governmental entity on a Grantee or cable subscriber, or both, solely <br />because of their status as such. The term FRANCHISE FEE does not include: <br />(1) Any tax, fee, or assessment of general applicability (including any such tax, <br />fee, or assessment imposed on both utilities and cable operators or their services but not <br />including a tax, fee, or assessment which is unduly discriminatory against cable operators <br />or cable subscribers); <br />(2) Capital costs that are required by the franchise agreement to be incurred <br />by the cable operator for public, educational, or governmental (PEG) access facilities; <br />(3) Requirements or charges incidental to the awarding or enforcing of the <br />franchise, including payments for bonds, security funds, letters of credit, insurance, <br />indemnification, penalties, or liquidated damages; or <br />(4) Any fee imposed under Title 17 of the United States Code. <br />(j) Grantee. Means any person receiving a franchise pursuant to this chapter and <br />any of its agents, employees, officers, designees, or any lawful successor, transferee or <br />assignee. <br />(k) GRANTOR or VILLAGE. Means the Village of Mayfield, as represented by the <br />Council or any person, board, commission or other entity acting within the scope of its <br />jurisdiction. <br />(I) GROSS REVENUES. Means all amounts earned by the Grantee, in whatever <br />form and from all sources, derived from the provision of video programming services <br />distributed by Grantee over Grantee's cable system within the Village and converter <br />