For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT, THE ACT or CABLE ACT. The Cable Communications Policy Act of 1984 (Pub. L. No. 98-549), being 47 U.S.C. §§ 521 et seq..
APPLICATIONS. Includes all written proposals in whatever form made by the grantee to the village concerning construction, rendition of services, maintenance, or any other matter pertaining to the cable television system contemplated herein.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
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 Federal Communications Commission by regulation).
CABLE SERVICE.
(1) The one-way transmission to subscribers of video programming, or other programming service; and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
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:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) 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;
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1984, except that such facility shall be considered a cable system other than for purposes of § 621(c) of the Act to the extent such facility is used in the transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility systems.
COUNTY. The County of Stark.
DIRECTOR OF ADMINISTRATION. The existing or succeeding chief administrative officer of the village or his or her designate.
FEDERAL COMMUNICATIONS COMMISSION, COMMISSION or FCC. The administrative agency of the federal government responsible for cable television regulations on a national level or its lawful successor.
FRANCHISE. An initial authorization, or, renewal thereof (including a renewal of an authorization which has been granted subject to § 626 of the Cable Communications Act of 1984), 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 of operation of a cable system.
GRANTEE. A cable television company, its successors, transferees or assigns, the recipient of a franchise.
GROSS RENTAL INCOME. The receipts from all regularly recurring subscriber charges for basic cable service within the village.
NORMAL SERVICE INTERVAL. The period between the time that the grantee is notified by a subscriber of a service deficiency and the close of the second business day following the receipt of such notice.
PERSON. Any individual or association of individuals, or any firm, corporation or other business entity.
STATE. The State of Ohio.
SERVICE DIRECTOR. The existing or succeeding director of the Department of Service of the village, or his or her designate.
STREET. The surface of the space above and below any public street, road, highway, freeway, land, path, public way or place, alley, court, sidewalk, boulevard, parkway, drive or other easement now or hereafter held by the village for the purpose of public travel, and shall include such other easements or rights-of-way as shall be now held or hereafter held by the village which shall within their proper use and meaning, entitle the village and its grantee to the use thereof for the purpose of installing or transmitting signals over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a cable television system.
SUBSTANTIAL UNIFORMITY. Having incorporated all terms and provisions of this chapter which may legally be contracted for between the village and grantee into the acceptance.
TELEVISION REPAIRMAN. A person whose primary source of income is derived from the repair of television sets.
VILLAGE. The Village of Brewster, Ohio, a municipal corporation in and of the State of Ohio in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form and its duly authorized officials acting on its behalf.
VILLAGE COUNCIL or COUNCIL. The present governing body of the village or any successor to the legislative powers of the present Village Council.
VILLAGE SOLICITOR. The Village’s Attorney or his or her assistants.
(Ord. 28-1986, passed 11-17-1986)