For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANNUAL GROSS REVENUES. All revenues derived by a grantee from the operation of its cable system to provide cable service as defined in a franchise. (47 USC 542(b))
BASIC SERVICE. Any service tier which includes the retransmission of local television broadcast signals. (47 USC 522(3))
CABLE SERVICE.
(1) The one-way transmission to subscribers of:
(a) Video programming, or
(b) Other programming service, and
(2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. (47 (USC 522(6))
CABLE 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 the city, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that serves subscribers without using any public right-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provision of Title II of the Federal Communications Act of 1934, 47 USC 201, er seq., except that such facility shall be considered a cable system (other than for purposes of 47 USC 541(c)), to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(4) An open video system that complies with 47 USC 573; or
(5) Any facilities of any electric utility used solely for operating its electric utility systems. (47 USC 522(7))
CITY. The City of Bethany, a municipal corporation of the State of Oklahoma, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
COUNCIL or CITY COUNCIL. The City Council of Bethany or other legally appointed or elected successor or agency constituting the governing body of the city.
FCC. The U.S. Federal Communications Commission and any legally appointed or elected successor.
FRANCHISE. An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 USC 546), issued by the city, 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.
GRANTEE. Any person receiving a franchise pursuant to this chapter and under the granting franchise ordinance and its lawful successor, transferee or assignee.
MAY. The act referred to is permissive.
OTHER PROGRAMMING SERVICE. Information that a grantee makes available to all subscribers generally. (47 USC 522(14))
PERSON. An individual, partnership, association, organization, corporation or any lawful successor, transferee or assignee of the individual, partnership, association, organization or corporation.
PUBLIC SCHOOL. Any accredited K-12 educational institution operated within the city by any public school system.
SERVICE AREA. The geographic area within the corporate limits of the city and any additional area hereafter included in the corporate limits.
SHALL and MUST. The act(s) referred to is mandatory and not merely directory.
STATE. The State of Oklahoma.
STREET. Each of the following which have been dedicated to the public or hereafter dedicated to the public and maintained under public authority or by others and located within the city limits:
(1) Streets;
(2) Roadways;
(3) Highways;
(4) Avenues;
(5) Lanes;
(6) Alleys;
(7) Sidewalks;
(8) Easements;
(9) Rights-of-way; and
(10) Similar public ways and extensions and additions thereto, together with the other public property and areas that the city shall permit to be included within the definition of street from time to time.
SUBSCRIBER. Any person lawfully receiving basic service from the grantee.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station. (47 USC 522(20))
(Prior Code, § 6-101) (Am. Ord. 1791, passed 12-18-07)