For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise defined by federal and state law. When not inconsistent with the context, words used in their present tense include the future tense; words in the plural number include the singular number. The word shall is mandatory and may is permissive. Words not defined shall be given their common and ordinary meaning.
ADDITIONAL SERVICE. Any cable service other than basic service provided over the cable television system.
ACCESS CHANNELS. Any channels on the system designed for public, educational or governmental use.
BASIC SERVICE. A separately available basic service tier to which subscription is required for access to any other tier of service. Such basic service tier shall, at a minimum, consist of the following: all signals carried in fulfillment of the Cable Act, §§ 614 and 615; any public, educational, and governmental access programming required in this chapter or the Franchise; any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the grantee.
CABLE ACT. See below.
CABLE TELEVISION SYSTEM. Also referred to as system. A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include any of the following: (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that does not use any public rights-of-way; ©) a facility of a common carrier which is subject in whole or in part to the provision of Title H of the Cable Act, except that such facility shall be considered a cable system to the extent that such facility is used in the transmission of video programming directly to subscribers; or (d) any facilities of any electric utility used solely for operating its electric utility systems.
CABLECAST SIGNAL. A nonbroadcast signal that originates within the facilities of the cable system.
CHANNEL. A six Megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals or some combination of such signals.
CITY. The City of Albemarle, located in the state of North Carolina.
CLOSED-CIRCUIT, or INSTITUTIONAL SERVICE. Such video, audio, data and other services provided to institutional users on an individual application basis. These may include, but are not limited to, one-way video, two-way video, audio or digital signals among institutional subscribers.
COMMERCIAL SUBSCRIBER. A subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade or profession.
COMMUNICATIONS POLICY ACT, or CABLE ACT. The Communications Policy Act of 1934 and the Cable Television Consumer Protection and Competition Act of 1992 as they may be amended or succeeded.
CONVERTER. An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set.
COUNCIL. The Albemarle City Council. The Albemarle City Council is the elected representative governmental body of the City of Albemarle.
CPI. The national percentum increase for the most recently completed calendar year of the Average Consumer Price Index for all items as published by the Bureau of Labor Statistics of the United States Department of Labor, subject to maximum limits as are set forth within the franchise agreement.
DEDICATED INSTITUTIONAL ACCESS CHANNELS. Broadband television channels dedicated to serving selected city, county, state or federal governmental agencies, or institutions specified by the franchise agreement.
DOWNSTREAM SIGNAL. A signal originating from or provided by a cable television system to a subscriber terminal or other terminal including video, audio, or digital signals or any other type of data or information for either programs or other uses such as security alert services, etc.
DROP. A coaxial, fiber, or other connection from feeder cable to the subscriber/user residence or place of business.
EDUCATIONAL ACCESS CHANNEL. Any channel designated for educational access use.
FAIR MARKET VALUE. The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time.
FCC. The Federal Communications Commission and any legally appointed successor.
FRANCHISE. The nonexclusive rights granted pursuant to this chapter to construct, operate and maintain a cable communications system along the public rights of way within all or a specified area in the city. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of the city, state or federal governments.
FRANCHISE FEE. The percentage, as specified by the city, of the franchisee's gross revenues from all sources payable (as permitted by the Cable Act) in exchange for the rights granted pursuant to this chapter and the franchise agreement.
FRANCHISE, or GRANTEE. The natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s), or organization(s) of any kind which has been legally granted a franchise by the city and its lawful successor, transferee or assignee.
GOVERNMENTAL ACCESS CHANNEL. Any channel specifically designated or dedicated for government access use.
GRANTOR. The City of Albemarle as represented by the Council acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES. All revenue received annually directly or indirectly by the grantee, from the provision of cable television service within the franchise area.
HEADEND. The electronic control center of the cable television system including components that amplify, filter, and convert incoming broadcast and other television and electronic signals for distribution over the cable system.
INSTALLATION. The connection of the system from feeder cable to subscribers' terminals.
LEASED ACCESS CHANNEL. Any channel or portion thereof designated or dedicated for use by persons unaffiliated with the grantee.
MONITORING. Observing a television signal, or the absence of a signal, where the observer is not a party to the signal, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
OPERATOR. Any person or group of persons who provides cable television service over a cable television system and directly or through one or more affiliates owns a significant interest in such cable television system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable television system.
ORIGINATION SITE. A location capable of transmitting audio-video television signals to the operator's headend or other location as provided.
PARTICIPATING UNITS. The County of Stanly, the City of Albemarle, the Town of Badin, the Town of New London, the Town of Norwood, the Town of Oakboro, the Town of Richfield and the Town of Stanfield.
PERSON. An individual, partnership, association, organization, corporation or any lawful successor or transferee of said individual, partnership, association, organization or corporation.
PLANT MILE. A linear mile of cable as measured on the street or easement from pole to pole or pedestal to pedestal.
PUBLIC ACCESS CHANNEL. Any channel designated or dedicated for use by the general public or noncommercial organizations which is made available for use without charge, on a nondiscriminatory basis, in accordance with the rules and regulations specified in the franchise and over which the grantee has no editorial control.
PUBLIC WAY, or PUBLIC RIGHTS OF WAY. The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, utility easement or other public right-of-way now or hereafter held by the city, county or state which shall entitle the city and the company to the use thereof for the purpose of installing and maintaining the company cable television system. No reference herein, or in any franchise, to the public way shall be deemed to be a representation or guarantee by the city that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the city as the city may have the undisputed right and power to give or as granted by federal or state law.
REASONABLE NOTICE. Written notice addressed to the grantee at its principal office in proximity to the city or such other office as the grantee has designated to the city as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven business days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said seven days, holidays recognized by the city shall be excluded.
RESIDENT. Any person residing in the city as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER. A subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade, or profession.
SALE. Any sale, exchange, barter or offer for sale.
SCHOOL. Any public or nonprofit educational institution including primary and secondary schools, colleges and universities, both public and private.
SERVICE AREA. The entire geographic area within the franchise territory.
STATE. The State of North Carolina.
SUBSCRIBER NETWORK. The system of cable and related devices necessary to deliver audio-video television signals to and from subscribers. The downstream portion of the subscriber network provided herein is that portion of the electromagnetic spectrum capable of transmitting audio-video television signals and other signals to subscribers from the operator's headend. The upstream portion of the subscriber network provided herein is that portion of the electromagnetic spectrum which is capable of transmitting audio-video and other signals from a designated point of origination to the operator's headend.
SYSTEM FACILITIES, or FACILITIES. The cable television system constructed for use within the city, including without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers, converters, equipment or facilities located within the corporate limits of the city designed, constructed or wired for the purpose of producing, receiving, amplifying, and distributing by coaxial cable, fiber optics, microwave or other means, audio and visual radio, television and electronic signals to and from subscribers in the city and any other equipment or facilities located within the corporate limits of the city intended for the use of the system.
TRANSFER. The disposal by the grantee, directly or indirectly, by gift, assignment, voluntary sale, assets acquisition, merger, consolidation, or otherwise, of 50% or more at one time of the ownership or controlling interest in the system, or 50% cumulatively over the term of the franchise of such interest to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert.
TRUNK LINE. The major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.
TWO-WAY, or INTERACTIVE. The capability of both sending and receiving audio-video or other electronic signals from the same location. It refers to the capability of using the upstream and downstream portions of the subscriber network.
UPSTREAM SIGNAL. A signal originating from a subscriber terminal to another point in the cable television system including video, audio, or digital signals or any other type of data or information for either programs or other uses such as security alert services, etc.
USER. A person or organization utilizing channel or equipment and facilities for the purpose of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(Ord. 99-38, passed 7-6-99)