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(2) a facility that serves Subscribers without using any Public Rights-of-Way; <br />(3) a facility of a common carder which is subject, in whole or in part, to the <br />provisions of Title II of the Communications Act of 1934, as amended, except that such <br />facility shall be considered a Cable System (other than for the purposes of 47 USC <br />541) to the extent such facility is used in the transmission of video programming directly <br />to Subscribers; unless the extent of such use is solely to provide interactive on-demand <br />services; <br /> <br /> (4) an open video system that complies with 47 USC 573; or <br /> <br /> (5) any facilities of any electdc utility used solely for operating its electdc utility <br /> <br />system. <br /> <br />E. "Channel" or "Cable Channel" means a portion of the electromagnetic frequency <br />spectrum which is used in a Cable System and which is capable of delivering a <br />television channel as defined by the Federal Communications Commission. <br /> <br />F. "Council" means the City Council of the City of Pleasanton. <br /> <br />G. "Franchise" means an initial authorization, or renewal thereof, issued by the <br />Council, whether such authorization is designated as a franchise, permit, license, <br />resolution, contract, certificate, agreement, or otherwise, which authorizes the <br />construction or operation of a Cable System. Any such authorization, in whatever form <br />granted, shall not supersede the requirement to obtain any other license or permit <br />required for the privilege of transacting business within the City as required by the other <br />ordinances and laws of the City. <br /> <br />H. "Franchise A.qreement" means a franchise grant ordinance or a contractual <br />agreement, containing the specific provisions of the Franchise granted, including <br />references, specifications, requirements and other related matters. <br /> <br />I. "Franchise Fee" means any fee or assessment of any kind imposed by the City on a <br />Grantee as compensation for the Grantee's use of the Public Rights-of-Way for the <br />provision of Cable Service. The term "Franchise Fee" does not include: <br /> <br />3 <br /> <br /> <br />