As used in this chapter the following terms, phrases and words and their derivations shall have the meanings specified herein:
(a) "City" means the City of Bryan or the area within the territorial City limits of the City and such territory outside of this City over which the City has jurisdiction or control by virtue of any Constitutional or Charter provisions, or any law.
(b) "Council" means the City Council of the City of Bryan and any legally appointed or elected successor or agency.
(c) "State" means the State of Ohio.
(d) "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State.
(e) "Sale" includes any sale, exchange, barter or offer for sale.
(f) "Shall" and "must" are mandatory.
(g) "Grantee" means any person, firm, company, corporation or association to whom a franchise is granted by Council hereunder and the lawful successor or assignee of such person, firm, company, corporation or association.
(h) "Franchise fee" includes any charge imposed for a franchise whether the object be regulation or revenue.
(i) "May" is permissive.
(j) "Office" the use of the title of any officer, employee or office means such officer, employee or office of the City unless otherwise specifically designated.
(k) "Vote" whenever the word refers to the members of Council, the vote required shall be in relation to the total membership rather than to those present at the meeting.
(l) "Commence operation" means when sufficient distribution facilities have been placed in use to offer full network service to at least twenty-five percent (25%) of the inhabitants of the City.
(m) "Substantially completed" means when sufficient distribution facilities have been placed in use to offer full network service to at least ninety percent (90%) of the inhabitants in the "initial service area".
(n) "Full network service" means all "basic and additional services" offered by the grantee.
(o) "Broadband telecommunications network" means any network of cables and other electrical and electronic equipment, including cable television systems, used for the purpose of transmission of electrical impulses of television, radio and other intelligences, either analog or digital for sale or use by the inhabitants of the City.
(p) "db" means the level in the network expressed in db's above or below a power corresponding to a root mean square voltage of one millivolt across seventy-five ohms.
(q) "Subscriber" means any person, firm, company, corporation or association receiving reception service from the grantee.
(r) "Initial service area" means that geographical area within the corporate limits of the City which has been delineated in the map attached hereto dated February 21, 1972 and entitled "Initial Service Area".
(s) "Physical mile of plant" means messenger strand as measured from pole to pole without taking into consideration sag or downguys, and for buried plant, actual trench feet.
(t) "Basic service" means all subscriber services provided by the grantee, including the delivery of broadcast signals and programming originated over the cable system, covered by the regular monthly charge paid by all subscribers.
(u) "Additional service" means a subscriber service provided by the grantee for which a special charge is made based on program, service content or time of usage.
(v) "Data grade" means coded transmissions primarily digital in nature.
(w) "Video grade" means transmission primarily analog in nature including the picture phase of a television broadcast.
(x) "Head end" means the land, electronic processing equipment, antennas, tower, building and other appurtenances normally associated with and located at the starting point of a broadband telecommunications network.
(Ord. 29-1972. Passed 3-5-73.)
(y) "Annual gross subscriber revenues" means all revenues received by the grantee, its affiliates or subsidiaries from and in connection with the operation of the broadband telecommunications network in this City as that term is defined by the FCC or a court of competent jurisdiction, and shall include, until authoritatively determined otherwise, revenues from all sources including without limitation revenues from advertising, channel leasing, data transmission and per program charges, in addition to the subscribers regular monthly payments and installation and disconnection fees.
(Ord. 15-1973. Passed 3-30-73.)