For the purpose of this chapter the following words and their derivations have the meanings defined below. Words not defined are given their meaning in Section 602 of the Cable Act, 47 U.S.C. 522, and, if none, their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The words "must" or "shall" are mandatory and the word "may" is permissive.
(a) "Access channel " means any channel set aside for public use, educational use or governmental use without a charge by the franchisee for channel usage.
(b) "Application" means a proposal to construct and operate a cable system within the City, transfer a franchise, renew a franchise or modify a franchise. An application includes the initial proposal plus all subsequent amendments or supplements to the proposal and relevant correspondence.
(c) "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. 521 et seq.
(d) "Cable System" means 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 the City. Such term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility uses any public right of way;
(3) A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. 201 et seq., except that such facility will be considered a cable system to the extent it is used in the transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility systems.
(e) "Cable service" means the one-way transmission of video or other programming service to subscribers together with any subscriber interaction provided in connection with such service.
(f) "Control of a franchisee or applicant" means the legal or practical ability to direct the affairs of the franchisee or applicant either directly or indirectly, whether by contractual agreement or majority ownership of an economic interest.
(g) "City" means Chillicothe, Ohio, in its present incorporated form or in any form which may subsequently be adopted.
(h) "Council" means the City Council that is the legislative body of the City of Chillicothe.
(i) "Fair market value" means the price that a willing buyer would pay to a willing seller for the system as a going concern.
(j) "FCC" means the Federal Communications Commission.
(k) "Franchise" means the right granted by the City to a franchisee to construct, maintain and operate a cable system over, on, or under streets, roads and all other public ways, easements and rights of way within all or specified areas of the City. The term does not include any license or permit that may be required by other laws, ordinances or regulations of the City for the privilege of transacting and carrying on a business within the City or for disturbing the surface of any street or public thoroughfare.
(l) "Franchise agreement" means a contract entered into in accordance with the provisions of this chapter between the City and a franchisee that sets forth the terms and conditions under which the franchise will be exercised.
(m) "Franchisee" means any person granted a franchise pursuant to this chapter.
(n) "Gross receipts" mean all revenues actually received by a franchisee from the operation of its cable system within the City, including but not limited to, revenues received from cable service, home shopping channels, institutional services, rental or lease of equipment, installation fees or ancillary services. Gross receipts shall not include any taxes on services or franchise fees collected by the franchisee on behalf of any governmental entity.
(o) "Leased access channel" means a channel designated in accordance with Section 612 of the Cable Act, 47 U.S.C. 532, for commercial use by persons unaffiliated with the franchisee.
(p) "Mayor" means the chief executive officer of the City or his designee.
(q) "Overbuild" means a cable system constructed to serve subscribers served by an existing cable system, including those parts of an existing system that will be constructed within six (6) months pursuant to plans filed with the City.
(r) "Person" means any individual, corporation, partnership, association, joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof.
(s) "Subscriber" means any person who legally receives any one of the services provided by the cable system.
(t) "System malfunction" means an equipment or facility failure that results in the loss of a viewable signal on fifty percent (50%) or more of the programmed channels. A malfunction is major if it affects eleven (11) or more subscribers, within a contiguous area.
(u) "Transfer of a franchise" means any transaction in which:
(1) An ownership or other interest in a franchisee is transferred from one person or group of persons to another person or group of persons so that control of the franchisee is transferred; or
(2) The rights held by the franchisee under a franchise agreement are transferred or assigned to another person or group of persons. Transfer of a franchise specifically excludes corporate name change request which involve no change in control of the franchisee.
(Ord. 75-89. Passed 6-26-89.)