For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS CHANNEL. Those channels which, by means of this chapter or the franchise agreement, are required to be kept available by the franchisee for partial or total dedication to public access, educational access, local government access, or leased channels.
AUTHORITY. The City Communications Authority provided for in this chapter.
CABLE COMMUNICATION SYSTEM, CABLE SYSTEM, CATV, SYSTEM, or COMMUNITY ANTENNA TELEVISION SYSTEM. A system of coaxial cables, wave guides, or other electrical conductors and equipment used or to be used to originate or receive
television or radio signals directly or indirectly off the air and to transmit them via cable to subscribers for a fixed or variable fee, including the origination, receipt, transmission, and distribution of voices, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical impulses, whether or not directed to originating signals or receiving signals off the air.
CHANNEL. A band of frequencies in the electromagnetic spectrum, which is capable of carrying either one video signal, several audio signals, numerous digital signals, or some combination of such signals.
CITY. The city, and all the territory within its presently existing or future territorial corporate limits. When appropriate, the term CITY shall refer to it as a corporate entity and also include its officers, employees, and duly authorized representatives.
COMPANY. The grantee of rights under this franchise agreement.
CONVERTER. Any electrical device which converts signal carriers from one frequency to another.
COUNCIL or COUNCILMEN. The Common Council of the city.
FRANCHISE. Includes both the franchise granted pursuant to this chapter and the franchise agreement entered into between the city and franchises by virtue of this chapter and all rights, powers, and privileges thereunder.
FRANCHISE AGREEMENT. That separate agreement by which the franchise is granted to the franchisee as required by this chapter and by which the franchisee accepts the terms hereafter executed in writing.
FRANCHISEE. All persons, natural or corporate, or any other entity having any rights, powers, privileges, duties, liabilities, or obligations under this chapter and the franchise granted herein (herein collectively called the franchise) and also all persons having or claiming any power or interest in or to the system, whether by reason of the franchise itself or any subcontract, transfer assignment, mortgage, pledge, hypothecation, security agreement, management agreement, or operating agreement, or otherwise arising or created.
GROSS SUBSCRIBER REVENUES.
(1) From and after April 1, 1981, (except during any period that more than one community antenna television system is licensed by the city), any and all compensation received by the company from its subscribers in the city, including the basic monthly service charges, charges for pay or premium services, and installation fees and charges, excluding, however, all taxes on services furnished by the company imposed on subscribers by any city, county, state, or other governmental unit, and collected by the company for such entity.
(2) During all periods prior to April 1, 1981, and during all periods during which more than one community antenna television system is licensed by the city, the total compensation received by the company from its subscribers in the city as basic monthly service charges, excluding charges for pay or premium services, installation fees and charges, and taxes as described above.
MAYOR. The duly elected and qualified Mayor of the city.
NON-EXCLUSIVE FRANCHISE. The city specifically reserves the right to grant, at any time, such additional permits or franchises for additional cable communication systems as it deems to be appropriate.
PERSON. Any person, firm, partnership, association, corporation, or organization of any kind.
PUBLIC AGENCY. An agency which is supported wholly or substantially by public funds.
STREETS AND PUBLIC WAYS. The surface of and the space above and below any public street, sidewalk, alley, or other public way of any type whatsoever now or hereafter existing as such within the city.
SUBSCRIBER. Any person or organization whose premises are physically wired to receive any transmission from the system, and who pays a fee for such service.
SUBSCRIBER SERVICE DROP. Such extension wiring from the franchisee's distribution lines to a subscriber's building.
TELEVISION. A system for transmission of audio signals and visual images by means of electrical impulses.
USER. A person utilizing a system channel as a producer, for purposes of production or transmission of material, or as a subscriber, for purposes of receipt of material.
(Ord. 2-1976, passed 8-2-76; Am. Ord. 12-1981, passed 8-17-81; Am. Ord. 3-1993, passed 4-19-93)