For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
AFFILIATE(S). When used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
“AS BUILT” MAPS. Maps showing the completed cable system facilities in the franchise area.
“AS BUILT” DRAWING. A document submitted to the city that accurately locates the cable, system facilities constructed or located within public ways of the city.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals and the public, educational and government access channels.
CABLE ACT. The Cable Communications Policy Act of 1984, being 47 U.S.C. §§ 521 et seq., the Cable Television Consumer Protection and Competition Act of 1992, being 47 U.S.C. §§ 609 et seq., Pub. Law No. 102-385, and the Telecommunications Act of 1996, being 47 U.S.C. §§ 521 et seq., as the same may be amended from time to time.
CABLE OPERATOR. Any person or group of persons who:
(1) Provides cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in such cable system;
(2) Otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system; or
(3) Operates an open video system or multi-channel video system, as defined in the Cable Act.
CABLE SERVICE.
(1) The one-way transmission to subscribers of video programming or other programming services;
(2) Subscriber interaction, if any which is required for the selection or use of such video programming or other programming service; and
(3) To the extent consistent with the Cable Act, the term CABLE SERVICE shall include high speed Internet access, and other data transfer services.
CABLE SYSTEM (SYSTEM OR CABLE COMMUNICATIONS 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.
CHANNEL (CABLE 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 a television channel is defined by the Federal Communications Commission by regulation.
COMMERCIAL BUSINESS UNIT. Any commercial building or establishment that is not a dwelling unit.
COMMERCIAL USE. The channel capacity designated for commercial use as defined and required by federal law by persons unaffiliated with the cable operator.
COMPANY. The natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind granted a franchise by the city under this subchapter and its lawful successors, transferees or assignees.
CONVERTER. An electronic device which converts signals from one form to another.
CORPORATE AUTHORITIES. The Mayor and City Council of the city.
CUSTOMER SERVICE REPRESENTATIVE (CSR). An individual employed by the cable company to answer the telephone, write, service and installation orders, answer subscribers’ questions, receive and process payments, and perform other subscriber service-related activities.
DENSITY. The number of dwelling units that, when measured by a cable plant mile, meets the numerical requirement established in this subchapter or the franchise agreement, so as to require the operator to provide cable service.
DOWNSTREAM CHANNEL. The direction of signal transmission from the headend to the subscriber terminals.
DROP CABLE OR SERVICE DROP. The coaxial or fiber cable that connects the feeder portion of the distribution system to the subscriber’s premises.
DWELLING UNIT. A single-family residential building or a unit in a multi-family residential building.
EDUCATIONAL ACCESS CHANNEL. A cable television channel, or channels, specifically designated for non-commercial use by the local non-commercial educational institutions.
FEDERAL COMMUNICATIONS COMMISSION (FCC). The present federal agency of that name as constituted by the Communications Act of 1934, being 47 U.S.C. §§ 201 et seq., or any legally appointed or elected successor.
FRANCHISE. The authorization, or grant issued by the city which authorizes the construction and operation of the cable system within the city.
FRANCHISE AGREEMENT. That separate contract by which the corporate authorities grant the company the right and franchise to operate a cable system within the city.
FRANCHISE AREA. That portion of the city for which a franchise is granted under the authority of this subchapter. Except as otherwise required by applicable law, the FRANCHISE AREA shall be the corporate limits of the city including all territory thereafter annexed to the city.
FRANCHISE FEE. The fee that a company is required to pay to the city pursuant to this subchapter for the right, privilege and franchise to construct, install, maintain and operate a cable communications system within the streets and public ways of the city for the purpose of providing cable service to persons in the city. FRANCHISE FEE does not include:
(1) Any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable subscribers);
(2) Capital costs which are required by the franchise to be incurred by the cable operator for public, educational or governmental access facilities;
(3) Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or
(4) Any fee imposed under Title 17, United States Code, being 17 U.S.C. §§ 101 et seq.
GOVERNMENT ACCESS CHANNEL. That channel, or channels, set aside for the exclusive non-commercial use of local government as determined by the city.
GROSS REVENUES. All revenue received by a company, or its affiliates, derived directly or indirectly from and in connection with the operation of the company’s cable system to provide cable service within the city, including, but not limited to, revenues, fees, receipts or charges from or for: basic tier cable service; any tier of video programming service other than basic service; any optional, premium, per- channel or per program service; high speed Internet access service, provision of data services provided such services carried over the cable system are cable service as defined by Title VI of the Cable Act, being 47 U.S.C. §§ 522 et seq., digital music service, any installation, disconnection, re-connection, change-in-service or other customer service; rentals of converters, remotes or other customer premises equipment; commercial leased channels or channel access; advertising sales revenue, including a per subscriber share of revenues received for advertising carried on one or more cable systems in addition to the company’s cable system within the city; revenues from home shopping channels; the sales of programming guides; and such other revenue sources as may now exist or hereafter develop, provided that such revenues, fees, receipts or charges may lawfully be included in the gross revenue base on which the city may calculate and collect franchise fees. GROSS REVENUES shall not include any amounts refunded to subscribers, any unpaid subscriber or advertiser accounts and any sales tax, telecommunications tax, utility message tax or other taxes imposed directly upon any subscriber or user by the city, the state or other governmental unit and collected by the company on behalf of and for remittance to the city, the state or other governmental unit. As used in this subchapter, annual gross revenues shall, mean gross revenues attributable to a 12-month accounting period, or portion thereof.
GUARANTY. An agreement or promise to answer for the debt, default or miscarriage of another. Secondarily responsible for debt, default or miscarriage.
HEADEND. The control center of a cable system, where incoming signals are amplified, converted, processed and combined into a common cable along with any origination cablecasting, for transmission to subscribers. HEADEND usually includes antennas, preamplifiers, frequency converters, demodulators, modulators, processors, and other related equipment.
INSTALLATION. The connection from system feeder cable to the subscriber’s converter or terminal and the provision of service.
INSTITUTIONAL NETWORK (I-NET). A communications network comprised of frequencies (upstream) that connect schools, and units of local government, and the like to the cable system headend for transmission downstream to the subscriber network and/or a closed non-public network. The I-NET may be constructed of a separate trunk line or may be incorporated as a certain set of frequencies on the subscriber trunk line.
INTERCONNECT. The process whereby two or more cable systems are connected.
LOCAL ORIGINATION CHANNEL. A channel which carries programming that is produced by the operator or its designated agent, or a channel which carries programming determined by the operator to reflect the needs, interests and concerns of the communities served.
PUBLIC ACCESS CHANNEL. A cable television channel specifically designated as a channel available to the public for the production of non-commercial television programming operating under rules established by the city.
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS CHANNELS (PEG ACCESS CHANNELS). The channel capacity designated for public, educational or governmental access programming.
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES (PEG ACCESS FACILITIES). The facilities and equipment utilized for the production and playback of public, educational and government access programming.
PUBLIC PROPERTY. Any real property owned by the city or any other governmental unit that is not otherwise defined herein as a public way. A franchise granted under this subchapter does not authorize the use of any public property by the company.
PUBLIC WAY. The surface, the airspace above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkways or other public right-of-way now or hereafter held by the city which shall entitle the city and the company to the use thereof for the purpose of installing and maintaining the company’s cable system.
SCHOOLS. All public and private elementary and secondary schools, junior colleges, colleges, and universities which have been granted a certificate of recognition by the Illinois State Board of Education, pursuant to state statutes, and which are located within the franchise area.
SUBSCRIBER. Any person who elects to subscribe to, for any purpose, a service provided and authorized by the company by means of or in connection with the cable system, and who pays the charges therefor.
TRANSFER (FRANCHISE TRANSFER). Any transaction or series of transactions which, singularly or collectively, result in the sale, assignment or transfer of all or a majority of the assets of the company, or the cable system, or a change of 25% or more of the ownership or working control of the company, of the ownership or working control of the franchise, or of the ownership or working control of affiliated entities having ownership or working control of the company, the franchise or cable system. FRANCHISE TRANSFERS require city approval as provided in this subchapter. Transactions between affiliates of the company are not exempt from city approval, except as specifically provided in a franchise agreement between the city and the company.
TRAP. A passive devise used to block a channel or channels from being received by a cable subscriber (negative trap), or used to remove an interfering carrier from a channel that a subscriber wants to receive (positive trap).
TRUNK (TRUNK LINE). The main distribution lines leading from the headend of the cable system to the various areas where feeder lines (cables) are attached to distribute signals to the subscribers.
UPSTREAM CHANNEL. The direction of signal transmission from the subscriber terminals to the headend.
(Prior Code, § 122.042) (Ord. 2001-377, passed 11-13-2001)