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Ordinance No. 19 - <br />An Ordinance Establishing Certain Regulations Governing the Delivery of Cable <br />Service in the City of Elk River, Minnesota <br />The City Council of the City of Elk River, Minnesota ordains: <br />REPEAL AND REPLACE Ordinance 05-01, Cable Ordinance, is hereby repealed in its entirety <br />and replaced with the following: <br />SECTION I. FINDINGS AND INTENT <br />The City finds that the delivery of Cable Service and related communications services may <br />contribute significantly to the communication needs and desires of residents of the City, benefit <br />local economic development, and improve public and municipal services. The City's intent in <br />adopting this Cable Ordinance is to encourage further development of Cable Service and related <br />communications services in the City, and to ensure that all Cable Service providers are subject to <br />comparable obligations and burdens. <br />SECTION 2. SHORT TITLE <br />This Ordinance will be known and cited as the "Cable Ordinance." <br />SECTION 3. DEFINITIONS <br />For the purposes of this Cable Ordinance, the following terms, phrases, words, and their <br />derivations have the meaning given herein. Unless otherwise provided herein, terms, phrases and <br />words contained in this Cable Ordinance shall have the meaning ascribed in the Cable Act, 47 <br />U.S.C. Sec. 521, et seg., or if not defined herein or in the Cable Act will have their normal and <br />customary meaning. When not inconsistent with the context, words in the singular number include <br />the plural number. The words "must" and "will" are always mandatory and not merely directory. <br />The word "may" is directory and discretionary and not mandatory. <br />a. "Basic Cable Service" has the meaning ascribed in Cable Act Section 522(3). <br />b. "Cable Communications System," "Cable System" or "System" has the meaning <br />ascribed in Cable Act Section 522(7). <br />C. "Cable Programming Service" has the meaning ascribed in Cable Act Section 543(1)(2). <br />d. "Cable Service" has the meaning ascribed in Cable Act Section 522(6). <br />e. "Channel" shall mean a portion of the electromagnetic frequency spectrum which is <br />used in a Cable System and which is capable of delivering a television channel. <br />RJV-247390v5 <br />SH255-1 <br />