(A) Rules of construction.
(1) For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended, and, if not defined therein, their common and ordinary meaning.
(2) 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; the masculine gender includes the feminine gender, and vice versa.
(3) The words “shall” and “will” are mandatory, and “may” is permissive.
(B) Defined terms.
BASIC SERVICE. Any service tier that includes the retransmission of local television broadcast signals.
CABLE OPERATOR. Shall have the meaning given that term in 47 U.S.C. § 522(5) or any successor provision.
CARROLL COUNTY. Where appropriate to the context, the area located within the geographic boundaries of the county, excluding the municipalities located herein.
CCRC. The Carroll Cable Regulatory Commission, or any successor agency.
CHANNEL. A band of frequencies, six megahertz wide, in the electromagnetic spectrum, capable of carrying either one standard video signal and a number of audio, digital, or other nonvideo signals or some combination of such signals.
CONVERTER. An electronic device which may serve as an interface between a cable system and a subscriber’s television receiver or other video equipment, and which may perform a variety of functions, including signal security, descrambling, electronic polling, frequency conversion, and channel selection.
EDUCATIONAL ACCESS CHANNEL. Any channel on a cable system set aside for use by educational institutions.
FCC. The Federal Communications Commission, its designee, or any successory governmental entity thereto.
FRANCHISE. A nonexclusive authorization granted pursuant to this chapter to construct, operate, and maintain a cable system along the public ways to provide cable service within all or a specified area of the county.
FRANCHISE AGREEMENT. The contract agreement entered into between the franchisors and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be granted and exercised.
FRANCHISEE. A natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a franchise by the franchisors pursuant to this chapter.
FRANCHISORS. The County Commissioners; the Town of Hampstead; the Town of Manchester; the Town of Mt. Airy; the Town of New Windsor; the Town of Sykesville; the Town of Union Bridge; the City of Taneytown; and the Mayor and Common Council of the City of Westminster.
GOVERNMENT ACCESS CHANNEL. Any channel on a cable system set aside for government use.
NON-STANDARD INSTALLATION. Any installation other than a standard installation, as that term is defined in this section.
NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the community are open to serve customers. In all cases, NORMAL BUSINESS HOURS shall include evening hours at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS. Those service conditions which are within the control of the cable operator. Those conditions which are 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 or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator 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.
PUBLIC ACCESS CHANNEL. Any channel on a cable system set aside for use by the general public, including individuals and groups, and which is available for such use on a first-come, first-served, nondiscriminatory basis.
PUBLIC STREETS. The surface of and the space above and below any public street, avenue, highway, boulevard, concourse, driveway, parkway, waterway, dock, bulkhead, wharf, pier, alley, or right-of-way which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a cable system.
SERVICE AREA. The geographic area of the county that a franchisee is authorized to serve, as specified in its franchise agreement.
SERVICE INTERRUPTION. The loss of picture or sound on one or more cable channels.
STANDARD INSTALLATION. An installation to subscriber premises that is located up to that distance from the existing distribution system specified in a franchise agreement as included in the normal charge for installation (the “standard drop length”).
SUBSCRIBER. Any person, firm, institution, corporation or other entity who or which legally receives, for any purpose, any service provided by the franchisee by means of or in connection with or delivered over the cable system.
USER. A person or organization using a channel or equipment and facilities for the purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.
(2004 Code, § 93-1) (Ord. 41, passed 4-28-1983; Ord. 08-10, passed 12-18-2008)