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<br />educational institutions or governments.
<br /> 3.26 PERSON means an individual, partnership, association,
<br />organization, corporation or any lawful successor transferee of said
<br />individual, partnership, association, organization or corporation.
<br /> 3.27 PLANT MILE means a linear mile of cable as measured on the s~reet
<br />or easement from pole to pole or pedestal to pedestal. In cases where cable
<br />is on both sides of the street, only the cable on one side of the street will
<br />be utilized in measuring a plant mile.
<br /> 3.28 PUBLIC ACCESS CHANNEL means any channel designated or dedicated
<br />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
<br />with the rules and regulations specified in the Franchise.
<br /> 3.29 PUBLIC WAY or PUBLIC RIGHTS OF WAY means the surface, the air
<br />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,
<br />parkways, waterways, utility easements or other public right-of-way now or
<br />hereafter held by the County which shall entitle the County and the Company
<br />to the use thereof for the purpose of installing and maintaining the Company
<br />cable television system. No reference herein, or in any Franchise, to the
<br />"public way" shall be deemed to be a representation or guarantee by the
<br />County that its title to any property is sufficient to permit its use for
<br />such purpose, and the Grantee shall, by its use of such terms, be deemed to
<br />gain only such rights to use property in the County as the County may have
<br />the undisputed right and power to give.
<br /> 3.30 REASONABLE NOTICE shall be written notice addressed to the
<br />Grantee at its principal office or such other office as the Grantee has
<br />designated to the County as the address to which notice shall be transmitted
<br />to it, which notice shall be certified and postmarked not less than seven (7)
<br />days prior to that day in which the party giving such notice shall commence
<br />any action which requires the giving of notice. In computing said seven (7)
<br />days, holidays recognized by the County shall be excluded.
<br /> 3.31 RESIDENT means any person residing in the County as otherwise
<br />defined by applicable law.
<br /> 3.32 RESIDENTIAL SUBSCRIBER means a subscriber who receives a service
<br />in an individual dwelling unit where the service is not to be utilized in
<br />connection with a business, trade or profession.
<br />3.33 SALE shall include any sale, exchange, barter or offer for sale.
<br />3.34 SCHOOL means any public or non-profit educational institution
<br />including primary and secondary schools, colleges and universities, both
<br />public and private.
<br /> 3.35 SERVICE AREA means the entire geographic area within the
<br />Franchise territory.
<br /> 3.36 STATE means the state of North Carolina.
<br /> 3.37 TRANSFER means the disposal by the Grantee, directly or
<br />indirectly, by gift, assignment, voluntary sale, merger, consolidation or
<br />otherwise, of twenty-five percent (25%) or more at one time of the ownership
<br />or controlling interest in the system, or fifty percent (50%) cumulatively
<br />over the term of the Franchise of such interests to a corporation,
<br />partnership, limited partnership, trust or association, or person or group of
<br />persons acting in concert, affiliate transfers excepted.
<br /> 3.38 TRUNK LINE means the major distribution cable used in cable
<br />communications, which divides into feeder lines which are tapped for service
<br />to subscribers.
<br /> 3.39 UPSTREAM SIGNAL means a signal originating from a terminal to
<br />another point in the cable television system including video, audio or
<br />digital signals for either programs or other uses such as security alert
<br />services, etco
<br /> 3.40 USER means a person or organization utilizing channel or
<br />equipment and facilities for purpose of producing and/or transmission of
<br />material, as contrasted with receipt thereof in a subscriber capacity.
<br />IV. GRANT OF FRANCHISE
<br /> 4.1 GRANT.
<br /> A. GRANT. In the event that County shall grant to the Grantee a
<br />nonexclusive, revocable Franchise to construct, operate, and maintain a Cable
<br />Television System within the County, said Franchise shall constitute both a
<br />right and an obligation to provide the services of a Cable Television System
<br />as regulated by the provisions of this Ordinance and the Franchise.
<br /> B. EVENT OF CONFLICT. The Franchise shall be granted under the
<br />terms and conditions contained herein, consistent with the County's Charter
<br />and/or other applicable statutory requirements. In the event of conflict
<br />between the terms and conditions of this Ordinance, the Franchise, or the
<br />terms and conditions on which the County can grant a Franchise, the Charter
<br />and/or statutory requirements shall control.
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