§ A210-2. Definitions and word usage.

For the purpose of this franchise, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense shall include the future; words in the plural include the singular; and words in the singular include the plural; and the use of any gender shall be applicable to all genders whenever the sense requires. The word "shall" is mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meanings.

BASIC CABLE SERVICE

Any service tier which includes the retransmission of local television broadcast signals.

BOROUGH

Both the Borough of Tyrone, Pennsylvania, in its present incorporated from or in any later reorganized, consolidated, enlarged or unincorporated form and its duly authorized officials or agents acting on its behalf.

CABLE ACT

The Cable Communications Policy Act of 1984.

CONVERTER

An electronic device which permits the subscriber to view channels that the cable system is capable of delivering to the subscriber.

COUNCIL

The present governing body of the Borough or any future board constituting the legislative body of the Borough.

FCC

The Federal Communications Commission.

FRANCHISE FEE

Moneys required to be paid to the Borough by the grantee for the right and privilege to operate a cable television system in the Borough and which are allowable by the FCC or any other federal or state statute or regulation.

GRANTEE

SBC Cable of Pa. Limited Partnership, the recipient of the franchise rights granted hereunder.

GROSS REVENUES

Any and all revenues derived directly or indirectly by the grantee, its affiliates or subsidiaries from the operation of a cable television system in the Borough, including but not limited to revenue from basic subscriber service, pay television service, tier service, per-program charges, advertising revenues, multiple outlet charges, installation charges, leased channel charges and charges of any character charged, paid or in any manner received for the operation of the cable system.

PUBLIC ACCESS

Channel capacity designated for public, educational or governmental use and facilities and equipment for the use of such channel capacity.

RFP

The request for proposal attached to this franchise and marked Attachment D.

STATE

The Commonwealth of Pennsylvania or a political subdivision or agency thereof.

SUBSCRIBER

Any person, firm or corporation or any entity receiving for any purpose the transmission of television service of the grantee.