For the purpose of these requirements the following words and their derivations have the meanings defined below. Words not defined are given their meaning in Section 602 of the Cable Act, 47 U.S.C. §522, and, if none, their common and ordinary meaning. 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 words in the singular number include the plural number. The words "must" or "shall" are mandatory and the word "may" is permissive.
(a) Cable Act means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, 47 U.S.C. §521, et seq., and such legislation as may amend or supersede it.
(b) Cable Service means the one-way transmission of video or other programming service to subscribers together with any subscriber interaction provided in connection with such service.
(c) 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 that includes video programming and that is provided to multiple subscribers within the Franchise Area. Such term does not include (1) a facility that services 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 uses any public right-of-way; (3) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. §201 et seq, except that such facility will be considered a cable system to the extent it 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.
(d) FCC means the Federal Communications Commission.
(e) Franchise means the right to construct, maintain and operate a cable system over, on, or under streets, roads and all other public ways, easements and rights-of-way within all or specified areas of the Franchise Area. The term does not include any license or permit that may be required by other laws, ordinances or regulations of the Franchise Area or the privilege of transacting and carrying on a business within the Franchise Area or for disturbing the surface of any street or public thoroughfare.
(f) Franchise Authority means the City of Bryan, Ohio
(g) Franchisee means the holder of any valid franchise to provide cable service within the franchise area.
(h) Normal Operating Conditions means those service conditions which are within the control of the Franchisee. Those conditions which are not within the control of the Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Franchisee include, but are 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.
(i) Person means any individual, corporation, partnership, association, joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof.
(j) Right of Way means the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, or other public right of way including public utility easements or rights of way and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the Franchise Authority that shall entitle the Franchisee to the use thereof for the purpose of installing and maintaining a Cable System.
(k) Subscriber means any Person who legally receives any one or more of the services provided by the Cable System.
(Ord. 41-1998. Passed 8-3-98.)