For the purpose of this chapter the following terms, phrases, words, abbreviations and their derivations shall have the same meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
(a) "City" means the City of Brook Park, a municipal corporation in the State of Ohio.
(b) "Mayor" means the existing or succeeding chief administrative office of the City or his designate.
(c) "Council" means the present governing body of the City or any successor to the legislative powers of the present City Council.
(d) "CATV" means Community Antenna Television.
(e) "Community Antenna Television System" (Hereinafter called CATV System) means any facility which:
(1) In whole or in part receives directly or indirectly over the air and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television and AM and FM radio stations, and distributes such signals by wire or cable to subscribing members of the public who pay for such services;
(2) Distributes by cable or wire, news, weather and other information including Civil Defense type information as required as an incidental part of CATV service to all subscribers without additional charge; and
(3) Distributes any and all other lawful communications of a specialized nature, provided that it does not mean or include any facility to which is transmitted any special television program or event for which a separate and distinct charge is made to the subscriber, in a manner commonly known and referred to as pay television, except as may be permitted by the federal, State and/or local regulatory agencies.
(f) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
(g) "Applicant" means any person submitting an application to the City for a franchise to operate a CATV System under the terms and conditions set forth by Council.
(h) "Grantee" means the person to whom or to which a franchise is granted by Council under this chapter, or anyone who succeeds the person in accordance with the provisions of the franchise.
(i) "Gross subscriber revenue" means all revenue derived from the monthly charges including basic service from all subscribers.
(j) "Street" means the surface of, and the space above and below, any public street, road, highway, freeway, lane, path, public way or place, alleycourt, boulevard, parkway, drive or other easement now or hereafter held by the City for the purpose of public travel, and includes other easements or rights of way as are now held or hereafter held by the City which shall, within their proper use and meaning entitle the City and its grantee to the use thereof for the purposes of installing or transmitting CATV System transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a CATV System.
(k) "Residential subscriber" means a purchaser of any service delivered over the system to an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
(l) "Commercial subscriber" means a purchaser of any service delivered over the system, who or which is not a residential subscriber.
(m) "Basic service" means the simultaneous delivery by the company to television receivers, or any other suitable types of audio-video communication receivers, of all subscribers in the City of all signals of over-the-air television broadcasters required by the FCC to be carried by a CATV System as defined hereinabove. Basic service also includes grantee channels, City channels, except as may be designated for special purposes by the Mayor, public channels and additional channels at the option of the company, or as directed by Council.
(n) "Additional service" means any communications service other than basic service provided over its CATV System by a grantee directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications services including, but not limited to, burglar alarm, data or other electronic intelligence transmission, facsimile reproduction, meter reading and home shopping.
(o) "Channel" means a band of frequencies, six megahertz wide in the electro-magnetic spectrum, which is capable of carrying either one audio-video television signal and a number of nonvideo television signals, or several thousand nonvideo signals having the capacity for two-way communication.
(p) "City channels" means channels on the CATV System which are reserved by this chapter for use by the City.
(q) "Public channels" means channels on the CATV System which are reserved for carriage of program material provided by persons who lease channel time, and if necessary, studio facilities, from a grantee for the presentation of programs.
(r) "Grantee channels" means channels on the CATV System which are reserved by this chapter for the carriage of program material originated by a grantee and the retransmission of broadcast signals in accordance with the FCC's cable casting rules and regulations.
(s) "Federal Communications Commission" or "FCC" means that agency as presently constituted by Congress of the United States or any successor agency.
(t) "Certificate of Compliance" means that approval required by the FCC in order for a grantee of a CATV franchise to begin operation within the City.
(u) "Pay television" means the delivery over the CATV System of audio and video signals in intelligible form to residential subscribers for a fee or charge, over and above the charge for basic service on a per-program, per-channel or other subscription basis.
(v) "Franchise fee" shall be the fee paid to the City for use of its right of way and shall be assessed upon the gross revenues of all services provided by the grantee.
(Ord. 5757-1980. Passed 5-13-80.)