Title
AN ORDINANCE AMENDING AND EXTENDING CABLE TELEVISION FRANCHISE AGREEMENT WITH CC VIII OPERATING, LLC, D/B/A CHARTER COMMUNICATIONS FOR TERM OF TEN YEARS.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Ordinance No. 9775 on file in the office of the city clerk as File No. 06-013-O, titled " AN ORDINANCE GRANTING A FRANCHISE TO CC VIII OPERA TING, LLC, D/B/A CHARTER COMMUNICATIONS, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF DULUTH SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISION HEREIN" is hereby amended as follows:
Section 2. That Ordinance No. 9775 Section 1(e), Definitions, is hereby repealed and replaced as follows:
(e) Channel, or cable channel, means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel;
Section 3. That Ordinance No. 9775 at Section 1(l), Definitions, is hereby repealed and replaced as follows:
(l) Grantee is CC VIII Operating, LLC, l/k/a Charter Communications, its lawful successors, transferees or assignees;
Section 4. That Ordinance No. 9775 Section 1(m), Definitions, is hereby repealed and replaced as follows:
(m) Gross revenue means any and all revenue derived by grantee from the operation of its cable system to provide cable service within the city including, but not limited to:
(1) All cable service fees;
(2) Franchise fees;
(3) Late fees;
(4) Installation and reconnection fees;
(5) Upgrade and downgrade fees;
(6) Local, state and national advertising revenue;
(7) Home shopping commissions;
(8) Equipment rental fee; and
(9) Guide revenue.
The term gross revenue shall not include bad debts or any taxes or fees on services furnished by ...
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