For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
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 the franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7).
CABLE PROGRAMMING SERVICE.
(1) Any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than:
(a) Video programming carried on the basic service tier;
(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:
1. Consists of commonly- identified video programming; and
2. Is not bundled with any regulated tier of service.
(2) CABLE PROGRAMMING SERVICE as defined herein shall not be inconsistent with the definition as set forth in 47 U.S.C. § 543(l) (2) and 47 C.F.R. 76.901(b) (1993).
CABLE SERVICE. The one-way transmission to subscribers of video programming, or other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CABLE SYSTEM or SYSTEM. Shall have the meaning ascribed to it in federal law.
COUNCIL. The City Council.
FRANCHISE. An initial authorization, or renewal thereof issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system or other MVPD facility.
FRANCHISE AREA. The area within the legal boundaries of the grantor.
GRANTEE. The person which is granted a franchise in the city pursuant to this chapter, its agents and employees, lawful successors, transferees, or assignees.
GRANTOR. The city.
GROSS REVENUE. The monthly revenue received from basic cable service, cable programming service, and pay television directly by the grantee from the operation of its system within the franchise area. The term GROSS REVENUES shall not include any other revenue billed or received by the grantee including, but not limited to installation fees, franchise fees, late fees, any fees itemized and passed through as a result of franchise imposed requirements or any taxes or fees on services furnished by the grantee imposed directly on any subscriber or user by any municipality, state, or other governmental unit and collected by the grantee for such governmental unit.
MAY. Is directory and discretionary and not mandatory.
MULTI-CHANNEL VIDEO PROGRAM DISTRIBUTOR or MVPD. A person such as, but not limited to, a cable operator, a multi-channel multipoint distribution service, a direct broadcast satellite service, an OVS provider, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming.
OPEN VIDEO SERVICES or OVS. Any video programming services provided to any person by a franchisee certified by the FCC to operate an open video system pursuant to Section 47 U.S.C. 573, as may be amended, regardless of the facilities used.
PAY TELEVISION. The delivery over the system of pay-per-channel or pay-per-program audio-visual signals to subscribers for a fee or charge, in addition to the charge for basic cable service or cable programming services.
PERSON. Any person, firm, partnership, association, corporation, company, or other legal entity.
SHALL. Is always mandatory and not merely directory.
STANDARD INSTALLATION. Any residential installation which can be completed using a drop of 150 feet or less.
STREET. The surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway, or drive, or any easement or right-of-way now or hereafter held by the grantor.
SUBSCRIBER. Any person who lawfully receives cable service.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by a television broadcast station.
(Prior Code, § 10.0101)