(a) "Act" means the Uniform Video Services Local Franchise Act, being Act 480 of the Public Acts of 2006, MCL 484.3301 and following, as amended from time to time.
(b) "Cable operator" shall have the same meaning as in the Act.
(c) "Claims" shall have the meaning set forth in Section 7.1.
(d) "Facilities" means the lines, equipment and other facilities of a permittee which use or occupy the public right-of-way in the delivery of video services in the Municipality.
(e) "Franchise agreement" means the franchise agreement entered into or possessed by a video service provider with the Municipality as required by Section 3(1) of the Act, if it is the standardized, uniform form of franchise agreement established by the MPSC.
(f) "Manager" means the Municipality's City Manager or his or her designee.
(g) "Metro Act" means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, being Act No. 48 of the Public Acts of 2002, MCL 484.3101 and following.
(h) "Metro Act permit" means a permit to use the public right-of-way issued by the Municipality under Chapter 1049 of the City's Code of Ordinances, which implements the Metro Act, after a provider's application for same to the Municipality.
(i) "Metro Authority" shall have the same meaning as "Authority" in the Metro Act.
(j) "MPSC" means the Michigan Public Service Commission, and shall have the same meaning as the term "Commission" in the Act and the Metro Act.
(k) "Municipality" means the City of Battle Creek.
(l) "Permittee" means a video service provider without a currently valid Metro Act permit but with either a pre-existing agreement, or a currently valid franchise agreement. Upon applying to the Municipality for and then obtaining a Metro Act permit from the Municipality, a video service provider is not a permittee and is no longer required to comply with this chapter. A video service provider is also not a permittee and is not required to comply with this chapter if it and the Municipality enter into a voluntary franchise agreement as described in Section 1050.11(b).
(m) "Person" means an individual, corporation, association, partnership, governmental entity, or any other legal entity.
(n) "Pre-existing agreement" means a cable television franchise predating the effective date of the Act, January 1, 2007, which has not expired or been terminated.
(o) "Public right-of-way" shall have the same meaning as in the Act.
(p) "Street construction" and "street resurfacing" shall have the meanings set forth in Section 1050.06(i).
(q) "Video service" shall have the same meaning as in the Act.
(r) "Video service provider" shall have the same meaning as in the Act, and shall include an "incumbent video provider" as referred to in Section 5(2) of the Act.
(Ord. 14-08. Passed 8-19-08.)