For the purpose of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
"AFFILIATE." An entity which owns or controls, is owned or controlled by, or is under common ownership with the grantee.
"BASIC CABLE." The tier of service regularly provided to all subscribers that includes the retransmission of local broadcast television signals.
"CABLE ACT." The Cable Communications Policy Act of 1984, as amended.
"CABLE SERVICE."
(1) The one-way transmission to subscribers of video programming or other programming service; and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or any other lawful communication service.
"CABLE SYSTEM." A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment or other communications equipment that is designed to provide cable service and other service to subscribers.
"FCC." Federal Communications Commission, or any successor governmental entity thereto.
"FRANCHISE." The initial authorization, or renewal thereof, issued by the Franchising Authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service or other service to subscribers.
"FRANCHISING AUTHORITY." The city or the lawful successor, transferee, or assignee thereof.
"GRANTEE." TCI Cablevision of Texas, Inc., or the lawful successor, transferee, or assignee thereof.
"GROSS REVENUES." The monthly cable service revenues received by the grantee from subscribers of the cable system; provided, however, that such phrase shall not include:
(1) Revenues received from any national advertising carried on the cable system;
(2) Any taxes on cable service which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency, and which are collected by the grantee on behalf of such governmental unit or agency.
"PERSON." An individual, partnership, association, joint stock company, trust corporation, or governmental entity.
"PUBLIC WAY." the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchising authority in the service area which shall entitle the franchising authority and the grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the cable system. "Public way" shall also mean any easement now or hereafter held by the franchising authority within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the franchising authority and the grantee to the use thereof for the purposes of installing or transmitting the grantee's cable service or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the cable system.
"SERVICE AREA." The present municipal boundaries of the franchising authority, and shall include any additions thereto by annexation or other legal means.
"SERVICE TIER." A category of cable service or other services, provided by the grantee and for which a separate charge is made by the grantee.
"SUBSCRIBER." A person or user of the cable system who lawfully receives cable services or other service therefrom with the grantee's express permission.
"VIDEO PROGRAMMING." Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Ord. 501, passed 4-19-93)