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(1) any tax, fee or assessment of general applicability (including any <br /> <br />such tax, fee, or assessment imposed on both utilities and Cable Operators or their <br />services, but not including a tax, fee or assessment which is unduly discriminatory <br />against Cable Operators or Cable Subscribers); <br /> <br /> (2) capital costs which are required by the Franchise to be incurred by <br />Grantee for Public, Educational, or Governmental Access Facilities; <br /> <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 /> <br /> (4) any fee imposed under Title 17, United States Code. <br /> <br />J. "Grantee" means any "Person" receiving a Franchise pursuant to this Ordinance and <br />under the granting Franchise ordinance or agreement, and its lawful successor, <br />transferee or assignee. <br /> <br />K. "Grantor" or "City" means the City of Pleasanton as represented by the Council or <br />any delegate, acting within the lawful scope of its jurisdiction. <br /> <br />L. "Gross Annual Cable Service Revenues" means the annual gross revenues <br />received by a Grantee from the operations of the Cable System within the City to <br />provide Cable Service utilizing the Public Rights-of-Way for which a Franchise is <br />required, excluding refundable deposits, rebates or credits, and any sales, excise or <br />other taxes or charges imposed externally to the Franchise, and collected for direct <br />pass-through to local, State or Federal government. <br /> <br />M. "Installation" means the connection of the System to Subscribers' terminals, and the <br />provision of service. <br /> <br />N. "Person" means an individual, partnership, association, joint stock company, trust, <br />corporation or governmental entity. <br /> <br /> O. "Public, Educational or Government Access Facilities" or "PEG Access Facilities" <br /> means the total of the following: <br /> <br />4 <br /> <br /> <br />