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3.22 LEASED ACCESS CHANNEL, or COMMERCIAL ACCESS <br />CHANNEL means any channel designated or dedicated for use by persons unaffiliated <br />with the Grantee, at rates which are in accordance with applicable law. <br /> <br />__3.22a LOCAL PROGRAMMING CHANNEL means a channel designated <br />for local programming programmed by the GRANTEE. <br /> <br /> 3.23 MONITORING means observing a communications signal, or the <br />absence of a signal, where the observer is not a party to the communication, whether <br />the signal is observed by visual or electronic means, for any purpose whatsoever. <br /> <br /> 3.24 NARROWCASTING shall mean the ability to distribute cable <br />programming to a particular segment or segments of the cable subscribers. <br /> <br /> 3.25 NON-COMMERCIAL me,ins access channel use in a manner similar to <br />Public Broadcasting Service station programming and underwriter acknowledgments <br />and telecourses being offered for a fee by non-profit educational institutions or <br />governments. <br /> <br /> 3.26 PERSON means an individual, partnership, association, organization, <br />corporation or any lawful successor transferee of said individual, partnership, <br />association, organization or corporation. <br /> <br /> 3.27 PLANT MILE' means a linear mile of cable as measured on the street or <br />easement from pole to pole or pedestal to pedestal. In cases where cable is on both <br />sides of the street, only the cable on one side of the street will be utilized in measuring <br />a plant mile. <br /> <br /> 3.28 PUBLIC ACCESS CHANNEL means any channel designated or <br />dedicated for use by the general public or non-commercial organizations which is made <br />available for use without charge on a nondiscriminatory basis in accordance with the <br />rules and regulations specified in the Franchise. <br /> <br /> 3.29 PUBLIC WAY or PUBLIC RIGHTS OF WAY means the surface, the <br />air space above the surface, and the area below the surface of any public street, <br />highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, <br />waterways, utility easements or other public right-of-way now or hereafter held by the <br />County which shall entitle the County and the Company to the use thereof for the <br />purpose of installing and maintaining the Company cable television system. No <br />reference herein, or in any Franchise, to the "public way" shall be deemed to be a <br />representation or guarantee by the County that its title to any property is sufficient to <br />permit its use for such purpose, and the Grantee shall, by its use of such terms, be <br />deemed to gain only such rights to use property in the County as the County may have <br />the undisputed right and power to give. <br /> <br /> <br />