(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(B) When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number.
(C) Words not defined shall be given their common and ordinary meaning.
ACCESS CHANNELS. Any channels on the system provided herein by the operator for access use by the county, its agencies and citizens, in accordance with the Cable Act.
ADDITIONAL SERVICE. Any cable service other than basic service provided over the system.
BASIC SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
BOARD. The Camden County Board of Commissioners.
CABLE ACT. See COMMUNICATIONS POLICY ACT below.
CABLE SERVICE. The one-way transmission to subscribers of a programming service (such as Internet access or interactive services, as allowed by federal regulation), together with subscriber interaction, if any, which is required for selection or use of the video programming or other programming service.
CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel.
COMMERCIAL SUBSCRIBER. A subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade or profession.
COMMUNICATIONS POLICY ACT or CABLE ACT. The Cable Communications Policy Act of 1984 being, 47 USC 521 et seq., the Telecommunications Act of 1996 which amends various sections of Titles 15, 18 and 47 and the Telecommunications Consumer Protection and Competition Act of 1992, as they may be amended or succeeded.
CONVERTER. An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set.
COUNTY. The County of Camden, North Carolina, a political subdivision of the State of North Carolina.
DISCRETE CHANNEL. A channel which can only be received by the person and/or institution intended to receive signals on the channel.
DOWNSTREAM SIGNAL. A signal originating from or provided by the system to a subscriber terminal or other terminal including video, audio or digital signals or any other type of data or information for either programs or other uses such as security alert services and the like.
DROP. A coaxial, fiber or other connection from the feeder cable to the subscriber's or user's residence or place of business.
EDUCATIONAL ACCESS CHANNEL. Any channel designated for educational access use, in accordance with the Cable Act.
FAIR MARKET VALUE. The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time.
FCC. The Federal Communications Commission and any legally appointed successor.
FRANCHISE. The non-exclusive rights granted pursuant to this chapter to construct, operate and maintain a system along the public rights-of-way within all or a specified area in the county. Any authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the county as required by other ordinances and laws of the county, state or federal governments.
FRANCHISE AREA. The entire county for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the FRANCHISE AREAS shall be the entire county, excluding all territory within the corporate limits of any municipality within the county or any territories thereafter annexed by the municipalities.
FRANCHISE FEE. The percentage, as specified by the county, of the grantee's gross annual revenues from all sources payable, as permitted by the Cable Act, in exchange for the rights granted pursuant to this chapter and the franchise agreement.
GOVERNMENT ACCESS CHANNEL. Any channel specifically designated or dedicated for government access use, in accordance with the Cable Act.
GRANTEE. The natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s) or organization(s) of any kind which has been legally granted a franchise by the county and its lawful successor, transferee or assignee.
GRANTOR. The county, as represented by the Board, acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES or GROSS REVENUES.
(a) Revenue derived by a cable operator from the operation of the cable system to provide cable service.
GROSS REVENUES includes, but is not limited to revenue from:
1. Subscriber payments for service, equipment, late fees, franchise fees and other charges;
2. Advertising carried on the cable system or in subscriber bills; and
3. Programmers or others relating to transmissions carried on the cable system, including, but not limited to payments to carry programming and home shopping revenues.
(b) GROSS REVENUES includes, but is not limited to all gross revenue whether or not actually received. GROSS REVENUES shall include all gross revenue which is not actually received, such as the value of services provided to cable operator's employees and the value of free services bartered or exchanged for non-monetary consideration. GROSS REVENUES includes, but is not limited to revenues derived from the operation of the cable system received or attributed to the franchisee, any direct or indirect affiliate of the franchisee or any partner, joint venturer or other entity related in any similar way to the franchisee. GROSS REVENUES includes revenues derived from the provision of internet access, cable modems and similar services unless specifically excluded by federal law. Nothing shall be excluded from gross revenues for any reason, including, but not limited to the fact that the cable operator may itemize particular items on subscriber bills such as franchise fees. This definition shall be deemed to include all gross receipts and revenues to the full extent permitted by federal law.
HEAD END. The electronic control center of the system including components that amplify, filter and convert incoming broadcast and other television and electronic signals for distribution over the cable system.
INSTALLATION. The connection of the system from the drop cable to subscribers' terminals.
MAY. The act referred to is permissive.
MONITORING. Observing a communications signal or the absence of a signal, where the observer is not a party to the communication, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
NARROW CASTING. The ability to distribute cable programming to a particular segment or segments of the cable subscribers.
PERSON. An individual, partnership, association, organization, corporation or any lawful successor or transferee of said individual, partnership, association, organization or corporation.
PLANT MILE. A linear mile of cable as measured on the street or easement from pole to pole or pedestal to pedestal.
PUBLIC ACCESS CHANNEL. Any channel designated or dedicated for access use by the general public or noncommercial organizations, in accordance with the Cable Act, which is made available for use without charge, on a nondiscriminatory basis, in accordance with the rules and regulations specified in the franchise and over which grantee has no editorial comment in accordance with Title V, Telecommunications Act of 1996, as amended.
PUBLIC WAY or PUBLIC RIGHTS-OF-WAY.
(a) 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, utility easements or other public right-of-way now or hereafter held by the county, which shall entitle the county and the grantee to the use thereof for the purpose of installing and maintaining the system.
(b) No reference herein, or in any franchise, to the
PUBLIC WAY shall be deemed to be a representation or guarantee by the county that its title to any property is sufficient to permit its use for the purpose, and the grantee shall, by its use of the terms, be deemed to gain only the rights to use property in the county as the county may have the undisputed right and power to give or as granted by federal or state law.
REASONABLE NOTICE. Written notice addressed to the grantee at its principal office within the county or another office as the grantee has designated to the county as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven business days prior to that day in which the party giving the notice shall commence any action which requires the giving of notice. In computing the seven days, holidays recognized by the county shall be excluded.
RESIDENT. Any person residing in the county as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER. A subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
SALE. Any sale, exchange, barter or offer for sale.
SCHOOL. Any state accredited public or non-profit educational institution including primary and secondary schools, colleges and universities, both public and private.
SERVICE AREA. The entire geographic area within the franchise territory.
SHALL. The act referred to is mandatory.
STATE. The State of North Carolina.
STATE-OF-THE-ART. The grantee shall construct, install and maintain its system in a manner which will continue to enable it to add new services and associated equipment as they are developed, available and when economically feasible and marketable to subscribers to the reasonable satisfaction of the grantee.
SYSTEM. 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 which includes video programming and which is provided to multiple subscribers within a community, but the term does not include any of the following:
(a) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(b) A facility that serves only subscribers in one or more multiple dwelling units under common ownership, control or management unless the facility or facilities uses any public rights-of-way;
(c) A facility of a common carrier which is subject in whole or in part to the provision of Title 11 of the Cable Act, except that the facility shall be considered a cable system to the extent that the facility is used in the transmission of video programming directly to subscribers;
(d) An open video system that complies with Section 635 of the Cable Act; or
(e) Any facilities of any electric utility used solely for operating its electric utility systems.
TRANSFER. The disposal by the grantee, directly or indirectly, by gift, assignment, voluntary sale, assets acquisition, merger, consolidation or otherwise, of 25% or more at one time of the ownership or controlling interest in the system or 50% cumulatively over the term of the franchise of the interest to a corporation, partnership, limited partnership, trust or association or person or group of persons acting in concert.
TRUNK LINE. The major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.
UPSTREAM SIGNAL. A signal originating from a subscriber terminal to another point in the system including video, audio or digital signals or any other type of data or information for either programs or other uses such as security alert services and the like.
USER. A person or organization utilizing channel or equipment and facilities for purpose of producing and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(Ord. passed 10-19-98)