For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS CHANNEL. Any channel dedicated for use by a governmental institution, educational institution or the public.
ACCESS CHANNEL, EDUCATIONAL. Any channel or portion of a channel in which educational institutions are the only designated programmers.
ACCESS CHANNEL, GOVERNMENT. Any channel or portion of a channel to which governmental agencies are the only designated programmers.
ACCESS CHANNEL, LEASED. Any channel or portion of a channel made available for a fee by an operator for programming by persons other than the franchisee.
ACCESS CHANNEL, PUBLIC. Any channel or portion of a channel utilized for programming on a nonprofit basis with no commercial purpose that is available to the general public.
ACTIVATED or ABILITY TO ACTIVATE. A function, service, channel or piece of equipment that is in working order and may be operated or received by a franchisee, subscriber, programmer, operator or user.
BASIC SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
BROADCAST. The over-the-air transmission of an electromagnetic audio or video signal.
CABLE. Either coaxial cable or fiber optic cable.
CABLE. A TRUNK means a downstream distribution system which supplies cable communications signals to the feeder line.
CABLE CHANNEL or CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the FCC by regulation).
CABLE COMMUNICATIONS SERVICE or 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 or use of such video programming or other programming service.
CABLE COMMUNICATIONS SYSTEM or 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 a community, but such term does not include a facility that serves only to retransmit the television signals of one or more television broadcast stations; a facility that serves subscribers without using any public right-of-way; a facility of a common carrier which is subject, in whole or in part, to the provisions of the Communications Act of 1934, Title II, as amended and set forth primarily at 47 USC 201 et seq., except that such facility shall be considered a cable system (other than for purposes of of the Communications Act of 1934, § 621(c), being 47 USC 541(c), as amended) 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; an open video system that complies with the Communications Act of 1934, § 653, being 47 USC 573, as amended; or any facilities of any electric utility used solely for operating its electric utility systems.
CABLECAST. Transmission of programming and signals over a cable communications system.
CABLECASTING BOARD. The agency of the City of Birmingham, Village of Beverly Hills, Village of Franklin and Village of Bingham Farms whose duties may include the monitoring and reporting of and on the cable communications system.
CAPABILITY. A function, service, channel or piece of equipment that has the potential to be operated or received at some time in the future by a subscriber, programmer, franchisee, user or operator.
CITY COMMISSION. The City of Birmingham City Commission.
COAXIAL CABLE. Copper or aluminum wire used to transmit cable communications signals through the cable system.
COMMUNITY SERVICE AGENCIES. The Birmingham-Bloomfield Art Association, Common Ground, the Birmingham Community House and the Birmingham Center for Continuing Education.
COMPLETE WIRING. The time when cable and related equipment, facilities and appurtenances are installed throughout the village so that service may be provided to any person that may choose to become a subscriber.
COMPLETION OF CONSTRUCTION. The time when all services offered in the application and franchise agreement shall be accomplished, including but not limited to stringing of cable throughout the community so that any subscriber may immediately receive cable communications signal upon installation, construction of all access facilities and required networks and are fully operational.
CONVERTER or SET TOP CONVERTOR. An electronic device which converts signals to a frequency for use by the television receiver of the subscriber and by an appropriate channel selector which also permits a subscriber to view all signals, including the cable service delivered at designated cable channel locations.
DOWNSTREAM. Cable communications signals that travel on a cable from the head end equipment or other location to the individual subscribers.
DROP. A line or cable linking the feeder line to an individual subscriber.
EFFECTIVE DATE OF THE FRANCHISE. The date on which the parties have signed the franchise agreement or as otherwise specified in the franchise agreement.
FCC. The Federal Communications Council.
FEEDER LINE. The line or cable linking a main cable trunk line to a drop serving an individual subscriber.
FIBER OPTIC CABLE. High capacity cable made of glass or plastic threads through which information is transmitted as pulsating light.
FRANCHISE. The authorization granted by the village to construct, operate, maintain, rebuild and/or retrofit a cable communications system in the village.
GROSS REVENUES. All revenue derived directly or indirectly by the franchisee, its affiliates, subsidiaries, parent companies and/or any person in which the franchisee has a financial interest from or in connection with the operation of a cable communications franchise authorized by the village. GROSS REVENUES shall include but not be limited to basic subscriber monthly fees, pay cable fees, installation and reconnection fees, converter fees, fees related to internet access and leased access fees. GROSS REVENUES shall not include advertising revenues, home shopping revenue and any taxes on services furnished by the franchisee and imposed directly upon any subscriber or user by the state, village or other governmental unit and collected by the franchisee on behalf of such governmental unit.
HEAD END. The electronic control center of the cable communications system where, among other things, incoming cable communications signals are amplified, filtered and converted before being delivered to the subscriber home.
INITIAL GROUNDBREAKING. The first step in construction, either stringing of cable or installation of a pole.
INSTITUTIONAL SUBSCRIBER. Any public agency or institution, educational institution, community service agency or school receiving institutional services on the institutional subscriber network.
INSTITUTIONAL SUBSCRIBER NETWORK. A cable communications network designed principally for the provision of nonentertainment interactive services to schools or public agencies for use in connection with the ongoing operations of such institutions.
INTERACTIVE SERVICES. Services provided to subscribers by which the subscriber either receives information consisting of television or other signals and transmits signals generated by the subscriber or equipment under its control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose or transmits signals to any other location for any purpose.
INTERCONNECTION. The linking of separate cable communications systems by microwave, cable or other means.
LOCAL ORIGINATION CHANNEL. Any channel or portion of a channel on which the franchisee is either the only designated programmer or has received programming from a third party and which is utilized to provide television programs to subscribers.
MICROWAVE. A high-frequency transmission facility used to relay messages, including cable communications signals from point to point by common carrier.
MONITORING. Observing a communications signal or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means. MONITORING shall not include a systematic, nonindividually addressed sweep of the system for the purpose of verifying system integrity, controlling return pass transmissions or billing for cable services.
OPERATOR. The franchisee.
PARENT CORPORATION or PARENT COMPANY. Any corporation of which the franchisee is a subsidiary.
PAY CHANNEL or PREMIUM CHANNEL. A channel in which television channels are delivered to subscribers for a special fee or charge to subscribers over and above the regular charges for basic subscriber services on a per program, per channel or other subscription basis.
PAY TELEVISION. The delivery over the cable communications system of video and audio signals in intelligible form to subscribers for a fee or charge over and above the charge for basic or full services on a per program, per channel or other subscription basis.
PERSON. An individual, firm, organization, partnership, association, corporation, legal representative or other entity.
POLE AGREEMENTS. The authorization from utility companies to the franchisee for use of or space in their easements, equipment, poles or other facilities for installation of equipment related to the cable communications system.
PROGRAMMER. Any person who produces or otherwise lawfully provides program material or information for transmission by means of the cable communications system.
PROPOSAL. An application filed with the Village Manager either in response to the village’s request for proposal, or any additions or amendments thereto, or submitted without such request.
RECORDS. Any writing or other memorialization containing information relating to the system, regardless of form or characteristics.
RELATED PERSONS. Any agent or employee of an applicant or its parent corporation; any person to whom an applicant or its parent corporation has paid or has promised to pay any money or compensation of any kind whatsoever for that person’s services in promoting the applicant’s proposal for the cable communications franchise before the village, its employees, agents, servants and/or elected or appointed officials or any community service agencies or newspaper reporters in the Detroit Dominant Market Area; officers and directors of any applicant or its parent corporation; persons owning 1% or more of any class of outstanding stock or securities convertible into stock of an applicant or its parent corporation; partners of an applicant; and the spouse, parent, child or sibling of any such person described in the foregoing definitions.
RESIDENTIAL SERVICES. Services delivered on the residential subscriber network.
SCHOOL DISTRICT. The school district of the village.
SERVICE. All services delivered on the institutional or residential subscriber network.
STANDARD SERVICE DROP. The installation of the feeder cable to individual subscribers.
STRAND MAPPING. The designation on maps of where cables will be placed.
STREET. The surface of and the space above and below a public street, road, highway, freeway, path, public place, sidewalk, alley, boulevard, parkway, drive or other easement held by the village and shall include other easements or rights-of-way which shall be held by the village and which shall within their proper use allow the village and a franchisee to the use thereof for the purposes of installing or transmitting cable communications system transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily pertinent to a cable communications system.
SUBSCRIBER. A recipient of services which are delivered over the cable communications system.
TAMPER or TAPPING. Observing a communication signal exchange when the observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means, but shall not include monitoring.
TELEVISION BROADCAST SIGNALS. Signals receivable in the Detroit Dominant Market Area, including but not limited to those on channels 2, 4, 7, 9, 20, 38, 50, 56, 62.
UPSTREAM. Cable communications signals traveling from subscribers to the head end.
USER. A person utilizing a cable communications system channel for purposes of production and transmission of materials to subscribers.
(Ord. passed - -)