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the user, of information of the user's choosing, without change in the form or content of the <br />information as sent and received (as provided in 47 U.S.C. Section 153(43)). <br />1.41 "Telecommunications Service" means the offering of Telecommunications for a fee <br />directly to the public, or to such classes of users as to be effectively available directly to the <br />public, regardless of the facilities used (as provided in 47 U.S.C. Section 153(46)). <br />1.42 "Tier" means a group of Channels for which a single periodic subscription fee is charged. <br />1.43 "Two -Way" means that the Cable System is capable of providing both Upstream and <br />Downstream transmissions. <br />1.44 "Upstream" means carrying a transmission to the Headend from remote points on the <br />Cable System or from Interconnection points on the Cable System. <br />(B) EXHIBITS <br />The following documents, which are occasionally referred to in this Franchise, are formally <br />incorporated and made a part of this Franchise by this reference: <br />1) Exhibit A, entitled Customer Service Standards. <br />2) Exhibit B, entitled Report Form. <br />SECTION 2. GRANT OF FRANCHISE <br />2.1 Grant <br />(A) The City hereby grants to Grantee a nonexclusive authorization to make <br />reasonable and lawful use of the Rights -of -Way within the City to construct, operate, maintain, <br />reconstruct and rebuild a Cable System for the purpose of providing Cable Service subject to the <br />terms and conditions set forth in this Franchise and in any prior utility or use agreements entered <br />into by Grantee with regard to any individual property. This Franchise shall constitute both a <br />right and an obligation to provide the Cable Services required by, and to fulfill the obligations set <br />forth in, the provisions of this Franchise. <br />(B) Nothing in this Franchise shall be deemed to waive the lawful requirements of <br />any generally applicable City ordinance existing as of the Effective Date, as defined in <br />subsection 2.3. <br />(C) Each and every term, provision or condition herein is subject to the provisions of <br />State law, federal law, the Charter of the City, and the ordinances and regulations enacted <br />pursuant thereto. The Charter and Municipal Code of the City, as the same may be amended <br />from time to time, are hereby expressly incorporated into this Franchise as if fully set out herein <br />by this reference. Notwithstanding the foregoing, the City may not unilaterally alter the material <br />7 <br />CITY OF LOUISVILLE — COMCAST <br />Franchise 2015 <br />