For the purpose of this franchise, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meanings.
BASIC SERVICE TIER: A service tier which includes the retransmission of local television broadcast signals.
CABLE ACT: The cable communications policy act of 1984 as amended by the cable television consumer protection and competition act of 1992, the telecommunications act of 1996 and any amendments thereto.
CABLE SERVICE: A. The one-way transmission to subscribers of video programming or 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 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 as defined in the cable act.
FCC: The federal communications commission, its designee, or any successor thereto.
GROSS REVENUES: All revenues from the operation of the system within the franchise area received by the grantee from subscribers from the basic service tier of programming and for any optional tier of programming service, (including premium and pay per view services) customer equipment and installation charges, disconnecting and reconnection charges, revenues from advertising sales less agency fees and home shopping revenues. "Gross revenues" shall not include deposits, refunds and credits made to subscribers, bad debt, nonsubscriber revenues, revenue from subscribers designated by the grantee as payment of its franchise fee obligation, or any taxes imposed on the services furnished by the grantee herein which are imposed directly on the subscriber or user by the local or any governmental unit and collected by the grantee on behalf of that governmental unit.
PERSON: Any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for profit or not for profit.
SIGNAL: Any transmission of radio frequency energy or of optical information.
STREET: The surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any public easement or right of way now or hereafter held by the grantor which shall entitle the grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a system.
SUBSCRIBER: Any person or entity who lawfully subscribes to any cable service whether or not a fee is paid for such cable service. (Ord. 255, 10-6-2003)