4-6-4: DEFINITIONS AND INTERPRETATION:
For the purposes of this chapter, the following terms, phrases, words, and their derivations must have the meanings given herein. Terms, phrases and words contained in this chapter that are not defined herein or in a franchise will have their normal and customary meanings. When not inconsistent with the context, words in the singular number include the plural number; the words "must" and "will" are always mandatory and not merely directory; the word "may" is directory and discretionary and not mandatory.
BASIC CABLE SERVICE: Any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by a franchise.
CABLE PROGRAMMING SERVICE: Any video programming regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than:
   A.   Basic cable service;
   B.   Video programming offered on a pay per channel or pay per program basis; or
   C.   A combination of multiple channels of pay per channel or pay per program video programming offered on a multiplexed or time shifted basis so long as the combined service consists of commonly identified video programming and is not bundled with any regulated tier of service.
CABLE SERVICE: A. The one-way transmission to subscribers of: 1) video programming; or 2) other programming service; and
   B.   Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEM OR SYSTEM: A system of antennas, cables, wires, lines, towers, waveguides, or other conductors, terminal devices, equipment, or facilities located in whole, or in part, in the City and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing cable service in the City. A "cable system" may be designed and constructed to be capable of delivering services in addition to cable services.
CHANNEL: A portion of the electromagnetic frequency spectrum which is used in a system and which is capable of delivering a television channel (as defined by the FCC).
CITY: The City of Albertville, Minnesota, a Municipal corporation, in the State of Minnesota.
COMPETITION: The offering of cable service to substantially the same potential customers in the City by two (2) or more providers pursuant to franchises.
DROP: The cable that connects the ground block on the subscriber's terminal device to the nearest feeder cable of the system.
FCC: The Federal Communications Commission, or its lawful successor.
FRANCHISE, CABLE FRANCHISE OR FRANCHISE AGREEMENT: An agreement between the City and any provider of cable service pursuant to this chapter granting an initial authorization, or renewal thereof, to provide cable service or operate a system in the City.
FRANCHISE FEE: The fee or assessment imposed by the City on a grantee solely because of its status as a recipient of a franchise. The term "franchise fee" does not include: a) any tax, fee or assessment of general applicability; b) capital costs which are required by the franchise related to the provision of public, educational, or governmental access facilities; c) requirements or charges incidental to awarding or enforcing the franchise, including payments for bonds, security funds or letters of credit, insurance, indemnification, penalties or liquidated damages; d) any fee imposed under title 17 of the United States Code.
GRANTEE: Any recipient of a franchise, and its agents and employees, lawful successors, transferees or assignees.
GROSS REVENUES: All revenues received by a grantee, or its affiliates, from the sale or provision of cable service in the City. By way of example and not limitation, "gross revenues" shall include all carriage revenues received by a grantee or its affiliates from unaffiliated video programming providers, and any advertising revenues received by a grantee or its affiliates in connection with the provision of cable service. "Gross revenues" shall not include bad debt, any taxes or fees on services furnished by grantee imposed by any municipality, state, or other governmental unit and collected by grantee for such governmental unit, or revenues received by a grantee or its affiliates from the provision of non-cable services in the City.
INSTALLATION: The connection of the system with the subscriber terminal device.
LOCKOUT DEVICE: An optional mechanical or electrical accessory to a terminal device which inhibits the viewing of a certain channel or channels provided over the cable system.
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS: Those service conditions which are within the control of a grantee. Those conditions which are not within the control of a grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of a grantee include, but are not limited to, special promotions, pay per view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of a grantee's facilities.
PEG ACCESS FACILITIES: Public, educational, and governmental programming channels, or any equipment or facilities for use of such channels.
PAY TELEVISION: The delivery of pay per channel or pay per program audiovisual signals to subscribers for a fee or charge, in addition to the charge for basic cable service or cable programming services.
PERSON: Any natural person, firm, partnership, association, corporation, company, or other legal entity.
RIGHT-OF-WAY OR RIGHTS-OF-WAY: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units. "Right- of-way" does not include the airwaves above a right-of-way with regard to wireless or other nonwire telecommunications or broadcast service.
RIGHT-OF-WAY ORDINANCE 1 : An ordinance adopted by the City creating requirements regarding regulation, management and use of rights-of-way, including registration and permitting requirements.
STANDARD INSTALLATION: Any residential installation that can be completed using a drop of one hundred fifty feet (150') or less.
SUBSCRIBER: Any person who lawfully receives cable service via a system.
TELECOMMUNICATIONS SERVICES: Shall have the meaning ascribed in 47 USC section 153(46), as may be explained or interpreted by final action of the FCC.
TERMINAL DEVICE: An electronic device that converts signals to a form accessible by the subscriber. (Ord. 2003-7, 4-7-2003; amd. Ord. 2019-02, 1-7-2019)

 

Notes

1
1. See title 8, chapter 2 of this Code.