For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC SERVICE. The level of cable service provided to customers for the minimum subscription fee that includes all access channels and signals the grantee is required to provide its customers.
CABLE COMMUNICATIONS SYSTEM, CABLE SYSTEM, or SYSTEM. A system of antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment, and facilities designed and constructed for the purpose of producing, receiving, transmitting, amplifying, and distributing audio, video, and other forms of electronic or electrical signals within the town. This shall include anything within the definition of CABLE SYSTEM as found in Title VI of the Communications Act of 1934 or as used by the FCC in its rules or regulations.
CABLE OPERATOR or OPERATOR. Any person who provides cable service over a cable system.
CABLE SERVICE. The transmission of video programming or other programming services made available to subscribers generally.
FCC. The Federal Communications Commission of the United States government or any successor agency with responsibilities pertaining to cable communications systems.
FRANCHISE. The right granted through a contractual agreement between the Town Council and a person, by which the Council authorizes the person to erect, construct, reconstruct, operate, dismantle, test, use, and maintain a cable communications system in the town.
FRANCHISE AGREEMENT. A contract entered into between the Town Council and a person which sets forth rights and obligations between the town government and the person arising out of the Council’s grant of a franchise including those rights and obligations required by this chapter.
FRANCHISE AREA. The part of the town that a franchise authorizes a person to provide cable services to.
FRANCHISE FEES. Any tax, fee, or assessment of any kind imposed by a franchising authority on a grantee solely for the benefits of being the holder of a franchise. The term FRANCHISE FEE does not include:
(1) Any lease fees for the grantee’s use of town government-owned facilities or equipment;
(2) Any tax, fee, or assessment of general applicability, including any tax, fee, or assessment imposed on both utilities and cable operators or their services;
(3) Capital costs which are required by the franchise to be incurred by the grantee for public, educational, or governmental access facilities; or
(4) Requirements or charges incidental to the award, or enforcement of the franchise, including the cost of bonds, security funds, letters of credit, insurance and indemnification penalties, or liquidated damages.
FRANCHISING AUTHORITY. The legislative branch of the government of the town, which is the Town Council.
GRANTEE. A person granted a franchise by the franchising authority.
GRANTOR. The franchising authority as represented by any town official or agent acting under the authority of the Town Council.
GROSS REVENUES. All cash, credits, property of any kind or nature or other consideration derived directly or indirectly by a grantee, its affiliates, subsidiaries, parent, and any other person or entity in which the grantee has a financial interest or which has a financial interest in the grantee arising from or attributable to the operation of the cable system in providing cable services. GROSS REVENUES shall include value at retail levels, the value of any goods, services, or other non-monetary form received by the grantee or others in consideration for performance by a grantee or others described above of any advertising or other service in connection with the cable system.
LEASED ACCESS. The use on a fee for service basis of the cable system by business enterprises, whether profit, nonprofit or governmental, to render services to the citizens of the town, and shall include without limitation all use pursuant to 97 U.S.C. § 612.
MAY. The act referred to is permissive.
NORMAL BUSINESS HOURS. The hours during which most similar businesses in the community are open to serve customers. A franchise agreement may include a specific schedule of NORMAL BUSINESS HOURS.
NORMAL OPERATING CONDITIONS. The conditions within the control of the cable operator, including but not limited to special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. Those conditions not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe weather.
PERSON. Any individual, corporation, partnership, association, joint venture, or organization of any kind and the lawful trustee, successor, assignee, transferee, or personal representative thereof.
PUBLIC WAY. The surface and the area above and below the surface of any public street, highway, lane, alley, sidewalk, path, right-of-way, or easement, and any public utility easement or right-of-way dedicated generally for public utility uses but not including easements granted for purposes incompatible with the cable system use.
SERVICE INTERRUPTION. The loss or the substantial deterioration in quality of picture or sound on one or more cable channels.
SHALL or WILL. The act referred to is mandatory.
SUBSCRIBER or CUSTOMER. Any person who has been authorized by a cable operator to receive any one or more of the cable services provided by the operator’s cable system.
TOWN. The Town of Brownstown, Indiana, and all the territory within its present and future boundaries.
(2011 Code, § 111.004) (Ord. 2000-4, passed 7-17-2000)