As used in this chapter:
(a) Access channels. “Access channels” means those channels set aside for specific access purposes, as described in Sections 810.12(a)(3)C. to E.
(b) Application. “Application” means all written proposals, in whatever form, made by the grantee to the Village concerning construction of, rendition of services for, maintenance of, or any other matter pertaining to the cable television system contemplated herein.
(c) Basic subscriber service or basic service. “Basic subscriber service” or “basic service” means the simultaneous delivery by the grantee to all subscribers within the confines of the Village of Brooklyn Heights the following:
(1) All signals of over-the-air television broadcasts required by the FCC to be carried by a community antenna television system, as defined by the FCC;
(2) Channels designated for special purposes by the Council or its designee;
(3) Public, educational, local government, local origination, and leased access channel signals; and
(4) Additional service as proposed by the grantee in its application, or as it may hereafter provide,
Provided, however, that pay or subscription television, as defined by the FCC, and radio service supplied by the grantee, shall not be considered part of the basic service.
(d) Cable television. “Cable television system”, “system” or “CTS” means a system of antennas, coaxial cables, wires, wave guides, or other conductors, electronic equipment or facilities, designed, constructed or used for the production of television signals, interception and receipt of television or radio signals directly or indirectly off the air and the distribution or transmission of such signals and other communication services by means of cable or other similar devices to subscribers.
(e) Cable television service. “Cable television service” means the delivery by the grantee to television receivers, or any other suitable type of audio-video communication receivers, of all subscribers within the confines of the Village of Brooklyn Heights of all signals of over-the-air television broadcasts allowed by the FCC to be carried by the cable television system, as defined by the FCC; all FM radio stations carried on the system; local origination channels; educational channels; public access channels; leased access channels; pay television channels; and other services provided for in this chapter and the grantee's application.
(f) Channel. “Channel” means a band of frequencies six megahertz wide in the electromagnetic spectrum, which is capable of carrying either one audio-video television signal or a number of nonvideo signals.
(g) Council; Village Council. “Council” or “Village Council” means the present governing body of the Village or any successor to the legislative powers of the present Village Council.
(h) County. “County” means the County of Cuyahoga.
(i) Equipment and apparatus. “Equipment and apparatus” means any manholes, underground conduits, poles, cables, boxes, wires, fixtures, conductors, or other facilities necessary, essential, used or useful to and operated by the cable television system.
(j) Federal Communications Commission or FCC. “Federal Communications Commission” or “FCC” shall mean that administrative agency of the Federal government responsible for cable television regulation on a national level or its lawful successor.
(k) Franchise. “Franchise” means the permission, license, or authority given hereunder to construct, operate and maintain a cable television system in the Village.
(l) Good cause. “Good cause” means that set of facts and circumstances which, in an individual case, a reasonable person would adjudge to be beyond the grantee's reasonable control and which would therefore represent a justifiable excuse of performance. Depending on the facts and circumstances, good cause may include, but shall not be limited to, delays or interruptions arising from necessary utility changes, rearrangements, power outages, the fulfillment of governmental or regulatory restrictions or requirements, national emergency, uncontrollable material shortages, fire, earthquake, or the elements and acts of God.
(m) Grantee. “Grantee” means the recipient of the franchise established herein, its successors, transferees or assigns.
(n) Gross revenue. “Gross revenue” means any and all compensation in whatever form, exchanged or otherwise derived from all cable services within the confines of the Village of Brooklyn Heights, including, but not limited to, revenues from subscriber rates, pay cable, advertising and leased access channels, and installation, connection and reinstatement charges, provided, however, that it does not include any taxes or services furnished by the grantee imposed directly on any subscriber or user by a local, State or Federal governmental unit and collected by the grantee for such entity.
(o) Law Director. “Law Director” means the Village’s Attorney or Assistant Attorney.
(p) Local educational authorities. “Local educational authorities” means those individuals, groups, organizations or governmental entities responsible for providing primary or secondary education, public or parochial, within the Village.
(q) Mayor. “Mayor” means the existing or succeeding chief administrative officer of the Village or his or her designee.
(r) Monitoring. “Monitoring” means 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, for any purpose whatsoever, provided that monitoring shall not include systemwide, non-individually addressed sweeps of the system for purposes of verifying system integrity, controlling return path transmissions, or billing for pay services.
(s) Normal service interval. “Normal service interval” means 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, provided that the subscriber or his or her representative is available, during this period, at the premises to be serviced.
(t) Person. “Person” means any individual or association of individuals, or any firm, corporation or other business entity.
(u) State. “State” means the State of Ohio.
(v) Street. “Street” means the surface of and 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.
(w) Substantial uniformity. “Substantial uniformity” means having incorporated all terms and provisions of this chapter which may legally be contracted for between the Village and the grantee into an acceptance instrument.
(x) Village. “Village” means the Village of Brooklyn Heights, Ohio, a municipal corporation in and of the State of Ohio, in its present incorporated form or in a later reorganized, consolidated, enlarged, or reincorporated form, and its duly authorized officials, acting on its behalf.
(Ord. 16-80. Passed 5-20-80.)