The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.
CABLE COMMUNICATION SYSTEM, CABLE SYSTEM, CATV or SYSTEM. A system used or to be used to originate or receive television or satellite signals directly or indirectly off the air and to transmit them via cable to subscriber for a fixed or variable fee, including the origination, receipt, transmission and distribution of voices, sound signals, pictures, visual images, digital signals, telemetry or any other type of closed circuit transmission by means of electrical impulses, whether or not directed to origination signals or receiving signals off the air.
CONSTRUCT.
(1) The installation of lines, fibers, or facilities that are in or cross any of the streets, highways, or public rights-of-way within the city for use as part of a multichannel video system; or
(2) The connection of other facilities directly or indirectly to previously existing lines, fibers, or facilities that are in or cross any of the streets, highways, or public rights-of-way within the city for use as part of a multichannel video system.
FRANCHISE or FRANCHISE AGREEMENT. The separate agreement by which a franchise is granted to the franchisee, as required by this chapter.
MULTICHANNEL VIDEO PROVIDER. A person who meets 1 or more of the following tests:
(1) The person is a cable operator, as such term is defined in Federal Communications Act of 1934, Title VI, 47 U.S.C. 521 et seq., or is otherwise required to obtain a franchise, as such term is defined in such act.
(2) The person is an open video system operator, as such term is defined under Federal Communications Act of 1934, Title VI and implementing regulations.
(3) The person provides multichannel video service, where such service is transmitted in whole or in part via wires or lines that are in or cross any of the streets, highways or public rights-of-way within the city. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose.
(4) The person provides multichannel video service and is otherwise required to obtain a franchise or similar approval under the City Charter, state law or federal law.
MULTICHANNEL VIDEO SERVICE. Multiple channels of video programming where some or all of the video programming is generally considered comparable to programming provided by a television broadcast station. MULTICHANNEL CABLE VIDEO SERVICE specifically includes, but is not limited to, cable service, as such term is defined in Federal Communications Act of 1934, Title VI.
MULTICHANNEL VIDEO SYSTEM. All of the following:
(1) A multichannel video system, as such term is defined in the Federal Communications Act of 1934, Title VI;
(2) An open video system, as such term is defined under the Federal Communications Act of 1934, Title VI and implementing regulations;
(3) A system which provides multichannel video service, where such service is transmitted in whole or in part via wires or lines that are in or cross any streets, highways or public rights-of-way within the city. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines, including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose; and
(4) Any other cable communication system providing multichannel video service within the city where under applicable law a franchise or similar permission or approval from the city is required.
PERSON. Individuals, corporations, partnerships, limited liability corporations, limited liability partnerships and any other form of legal entity.
PAY TV. An arrangement under which a charge is made to a television, received for receiving a particular television program or satellite service.
PRODUCER. A user providing input services to the cable system for receipt by subscribers.
PUBLIC CHANNELS. Channels which are designated to the public interest, according to the following categories:
(1) Public access;
(2) Educational use; and
(3) Local government purposes.
SUBSCRIBER. A person whose premises are physically wired to receive any transmission from the system.
SUBSCRIBER SERVICE DROP. Each extension wiring from the franchisee's distribution lines to a subscriber's building.
USER. A person or organization utilizing a system channel as a producer, for purposes of production of transmission of material, or as a subscriber, for purposes of receipt of material.
(1993 Code, § 18-1) (Ord. passed 5-29-2001)
Cross reference:
Definitions and rules of construction generally, see § 1-2