For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The words
SHALL and MUST always are mandatory and not merely directory.
ACCESS. Any programming or channel designated for use by any person other than the company.
ACCESS FACILITIES. Any channel capacity, facilities or equipment designated for public educational, or governmental use and facilities and equipment for the use of the channel capacity.
BASIC SERVICE. Any service tier which includes the retransmission of local television broadcast signals and any public educational and governmental programming required to be carried on the basic tier.
BOARD or BOARD OF COMMISSIONERS. The Board of Commissioners of Chatham County, North Carolina, or its designee.
CABLE TELECOMMUNICATIONS. Cable television and telecommunications.
CABLE TELECOMMUNICATIONS SERVICE. The provision of improved television reception or telecommunications intelligence or entertainment service or any lawful telecommunications services, to the public for distributing the same by wire or fiber optic cable or other means.
CABLE TELECOMMUNICATIONS SYSTEM. A system of antennas, cable, fiber optics, wires, lines, towers, wave guides or other conductors, converters, equipment or facilities, designated and constructed for the purpose of producing, originating, amplifying and distributing any type of lawful telecommunications service including, but not limited to, audio, video and other forms of electronic, digital or electronic signals.
CHANNEL. A seven-MHZ band or frequencies in the electromagnet spectrum (or any other means of transmission, including, but not limited to, optical fibers, which is capable of carrying the equivalent signal or signals), and includes uses of all or any portion of the band of frequencies.
CONSTRUCTION COMPLETION DATE. The date, after receiving a request from franchisee, on which the county or its designee issues a certificate of completion to a franchisee. That certificate shall not be unreasonably withheld.
COUNTY or CHATHAM COUNTY. The County of Chatham or the area within the present territorial county limits of the county and the territory outside of the county over which the county has jurisdiction or control by virtue of any law.
FCC. The Federal Communications Commission or any successor agency.
FRANCHISE. Includes any authorization granted pursuant to federal and state law and this chapter in terms of a franchise privilege, permit, license or otherwise to construct, or have constructed, operate and maintain a cable telecommunications system. Any authorization, in whatever term granted, and the fees charged thereunder shall neither supersede nor take the place of any license, license fee or permit authorization which might otherwise be required for the privilege of transacting and carrying on cable telecommunications service under any other county ordinance licensing or regulating business within those areas.
FULL CABLE TELECOMMUNICATIONS SERVICE. All cable telecommunications services.
GRANTEE or FRANCHISEE or COMPANY. The person, firm or corporation to whom a franchise, as herein defined, is granted by the County Board of Commissioners under this chapter, and the lawful successor, transferee or assignee of the person, firm or corporation.
GROSS REVENUES. Any and all compensation received by grantee (or any firm in which grantee has part ownership) as a result of the exercise of a franchise granted pursuant to this chapter, excluding any franchise fees, privilege or use taxes, equipment deposits, bad debts, local access fees, sales, excise or other taxes collected on behalf of any state, city or other governmental unit, and refunds to subscribers by grantee. Notwithstanding the foregoing, revenues received by grantee for the provision of data transmission, point to point telecommunications, telephone or telephone services shall be included in GROSS REVENUES on to the extent permitted by law. GROSS REVENUES include by way of illustration, but are not limited to, regular subscriber service fees, installation fees, disconnect and reconnect fees, pay TV, leased channel revenues, advertising revenues, converter and remote control rental revenues, or any other receipts.
INITIAL SERVICE AREA. The geographical area within the county as set forth in a franchise granted pursuant to this chapter.
PERSON. Any person, firm, partnership, association, corporation or organization of any kind.
SERVICE PACKAGE or TIER OF SERVICE. One or more communications channels or services which are offered as a unit by the grantee to subscribers and for which a separately identifiable rate or charge is made.
STREET. The surface of an the space above and below and publicly owned or maintained property or right-of-way, street, road, highway, freeway, land, path, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the county.
SUBSCRIBER. Any person or entity lawfully receiving any portion of the cable telecommunications service provided by a grantee pursuant to a franchise granted in accordance with this chapter.
(Ord. passed 3-25-1996)