112.01 Definitions | 112.20 Relocation At Request of City |
112.02 Franchise Required | 112.21 Line Extensions |
112.03 Terms of Franchise | 112.22 Service Requirements |
112.04 Use of Property | 112.23 Performance Standards |
112.05 Taxes | 112.24 Channel Capacity and Performance |
112.06 Insurance | 112.25 Testing For Compliance |
112.07 Repairs | 112.26 Books and Records |
112.08 Indemnification | 112.27 Public Education and Information Channel |
112.09 Assignment | 112.28 Service Agreements |
112.10 Insolvency of Grantee | 112.29 Franchise Fees |
112.11 Notice of Violation; Right to Cure | 112.30 Injury To Property of the Grantee |
112.12 Enforcement | 112.31 Intercepting Signals of the Grantee |
112.13 Termination | 112.32 Access |
112.14 Compliance with Applicable Laws | 112.33 Discrimination Prohibited |
112.15 Installation of Cables | 112.34 Other Business Activities Prohibited |
112.16 Restoration of Ground Surface | 112.35 Subscriber Rates and Charges |
112.17 Alteration of Grade | 112.36 Sale of System |
112.18 Temporary Removal of Cables | 112.37 Reservations |
112.19 Tree Trimming | 112.38 Equal Protection |
The following words and phrases, when used in this chapter, for the purposes of this chapter, have the meanings ascribed to them in this section:
1. “Cable service” means (i) the one-way transmission to subscribers of video programming or other programming service, and (ii) subscriber interaction, if any, which is required for the selection of service video programming or any other lawful communication service.
2. “Cable system” means 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. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
B. A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way;
C. A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the 1992 Cable Act, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) to the extent such facility is used in the transmission of video programming directly to subscribers; or
D. Any facilities of any electric utility used solely for operating its electric utility systems.
3. “Channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a televisions channel (as television channel is defined by the FCC by regulation).
4. “FCC” means the Federal Communications Commission.
5. “Franchise” means an initial authorization or renewal thereof (including a renewal of an authorization which has been granted subject to Section 626 of the 1992 Cable Act), issued by a franchising authority, 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 for the purpose of offering cable service or other service to subscribers.
6. “Grantee” means CABLEVISION VI, INC. or any other person, corporation or other legal entity granted a franchise in accordance with the provisions of this chapter.
7. “Local gross revenues” means all revenues derived from all operations and services associated with the cable system, including revenues from advertising on all channels where advertising is sold in the Boone market. Furthermore, revenues from governmentally imposed services on subscribers and collected by the Grantee for the City will also not be included in gross revenues for purposes of calculating the franchise fee. “Additional hookup fees” are excluded from the term “governmentally imposed services.” All other taxes imposed by any governmental unit shall also be excluded from gross revenues. Gross revenues include only revenues from pay television after deducting all licensing fees paid by Grantee.
8. “Property of the Grantee” means all property, real, personal or mixed, owned or used by the Grantee however arising from or related to or connected with the franchise.
9. “Public property” means all property, real or personal or mixed, owned or used by the City, including property owned or used by a public utility owned or operated by the City.
10. “Subscriber connection” means the point where the cable distribution line is attached or connected to the service line to the subscriber’s premises. This shall be at the outside wall of the subscriber’s premises or subscriber terminal where the subscriber’s equipment is connected, not at the distribution pole or box.
No person shall establish and operate a cable television system within the City except upon obtaining the grant of a franchise as defined and provided for in this chapter. The person seeking a franchise shall execute a franchise agreement with the City, which agreement shall incorporate all provisions of this chapter as fully operative terms of the agreement, and including an agreement with respect to rental of the City’s transmission line poles and other municipal properties.
The franchise and the rights, privileges, and authority thereby granted, subject to the provisions of this chapter, shall take effect and be in force from and after final approval thereof, as provided by law, and shall continue in force and effect for a term of not more than fifteen (15) years.† 6
Notes
| 6 | † EDITOR’S NOTE: Ordinance No. 1754, adopting a cable television franchise for the City, was passed and adopted on May 11, 1993. |
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