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and the Company to the use thereof for the purpose of instmlling or trans- mitting cable transmission over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachment~ and other property as may be ordinarily necessary and pertinent to a cable system. kk) "Subscriber" shall mean any person receiving either basic ser- vice or additional service from the Company under the schedule of charges filed with and/or approved by the City. 11) "Substantially completed" shall occur when sufficient distri- bution facilities have been installed by the Company so as to permit the offering of full network service to at least ninety percent (90%) of the potential subscribers in the service area. mm) "User" means a party utilizing a cable television system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof ~n a subscriber capacity. Section 3. Rights and Privileges of Company The Franchise granted by the City pursuant to this ordinance shall grant to the Company the right and privilege to erect, construct, operate and maintain in, upon, along, across, above, over and under the streets, now in existence and as may be created or established during its terms; aqy poles, wires, cable, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation of a CATV System for the interception, sale, transmission and distribution of television programs and other audio-visual electrical signals and the right to transmit the same to the inhabitants of the City on the terms and conditions hereinafter set forth. A system shall be deemed as using or occupying a street, road or easement even though such use or occupancy is solely by reason of use of dis- tribution facilities furnished by a telephone or other company pursuant to tariff or contract on file with the Missouri Public Service Commission and such system makes no use of streets, roads or easements independent of such tele- phone or other company furnished facilities. Section 4. Agreement and Incorporation of Application by Reference Upon adoption of this franchise and execution hereof by the Council, the Company agrees to be bound by all the terms and conditions contained herein. 8