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5 <br />C. The Franchise granted herein is for a term of ten (10) years from the effective <br />date, of this Franchise, which shall be the date of acceptance by the Grantee of the <br />Franchise terms, and conditions as set forth in Section 39. <br />Section 2. Definitions <br />For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall <br />have the following meanings. Words used in the present tense include the future tense, words in <br />the plural include the singular, and words in a particular gender shall include the other gender. <br />The words "shall" and "must" are always mandatory and not merely directory. <br />A. "Access or Public, Education or Government Access" shall mean the availability <br />of channel capacity on the Cable System for non-commercial public, education or <br />government use by agencies, institutions, organizations, groups and individuals in the <br />community, including the Grantor and its designees for the distribution of non- <br />commercial programming not under the Grantee's editorial control and consistent <br />with applicable law, including: <br />B. "Public Access" shall mean access where organizations, groups, or individual <br />members of the general public are the designated pro~ammers having editorial <br />control over their programming pursuant to rules promulgated by the Grantor; <br />C. "Education Access" shall mean access where local schools are the designated <br />programmers having editorial control over their programming, which shall concern <br />their educational functions; and <br />D. "Government Access" shall mean access where government institutions or their <br />designees are the primary or designated programmers or users having editorial control <br />over their programming, which shall concern their governmental functions. <br />E. "PEG Access" shall mean Public Access, Education Access and Government <br />Access, collectively. <br />F. "Affiliate", when used in relation to any person, shall mean another person who <br />owns or controls, is owned or controlled by, or is under common ownership or control <br />with, such person. <br />G. "Basic Cable Service" or "Basic Service" shall mean any cable service tier, which <br />includes the retransmission of local television broadcast signals. This definition shall <br />be deemed to change consistent with any changes in the definition of this term by the <br />Federal Communications Commission. <br />H. "County Board" shall mean the Board of County Commissioners of Orange County, <br />North Carolina. <br />8/22/2003 <br />