For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE ACT. Title VI of the federal Communications Act of 1934, as amended.
CABLE SERVICE. The transmission to subscribers of video programming or other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.
CABLE TELEVISION SYSTEM OR CATV SYSTEM. Any facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service that includes video programing and that is provided to multiple subscribers within a community.
CHANNEL. A band of frequencies 6 megahertz wide in the electromagnetic spectrum capable of carrying either 1 audiovisual television and a few non-video signals or a large number of non-video signals.
FEDERAL COMMUNICATIONS COMMISSION OR FCC. The present federal agency of that name as constituted by the Communications Act of 1934, being 47 U.S.C. §§ 151 et seq., or any successor agency created by the United States Congress.
GROSS REVENUES. All cash, credits, property of any kind or nature, or other consideration, less related bad debt not to exceed 1½ % annually, that is received directly or indirectly by the licensee, its affiliates, subsidiaries or parent or any person, firm or corporation in which licensee has a financial interest or that has a financial interest in licensee and that is derived from licensee's operation of its cable system to provide cable service in the town. Gross revenues include all revenue from charges for cable service to subscribers and all charges for installation, removal, connection or reinstatement of equipment necessary for a subscriber to receive cable service, and any other receipts from subscribers derived from operating the cable system to provide cable service, including receipts from forfeited deposits, sale or rental of equipment to provide cable service, late charges, interest and sale of program guides. Gross revenues also include all income licensee receives from the lease of its facilities located in the public streets, roads and alleys, unless services that the lessee provides over the leased facilities are subject to a transaction privilege tax of the licensor. Gross revenues do not include revenues from commercial advertising on the cable system, the use or lease of studio facilities of the cable system, the use or lease of leased access channels or bandwidth, the production of video programming by the licensee, the sale, exchange, use or cablecast of any programming by licensee in the town, sales to licensee's subscribers by programmers of home shopping services, reimbursements paid by programmers for launch fees or marketing expense, license fees, taxes or other fees or charges that licensee collects and pays to any governmental authority, any increase in the value of any stock, security or asset, or any dividends or other distributions made in respect of any stock or securities.
LICENSE. That ordinance or resolution that contains the right, authority or grant, given by the Council enabling a person to construct, operate and maintain a cable television system.
LICENSE AREA. The current area within the boundaries of the town of Chino Valley, Arizona, and any future annexed area, unless the terms of a license provide otherwise.
LICENSEE. The person granted a cable television license for construction, operation, maintenance, or reconstruction of a cable system issued by the town.
LICENSOR. The Town of Chino Valley.
MAJOR STOCKHOLDER. A beneficial owner, directly or indirectly, of 10% or more of the issued and outstanding voting stock of any corporation.
OTHER PROGRAMMING SERVICE. Information that a licensee makes available to all subscribers generally.
PUBLIC STREET. The surface of and the space above and below any public street, avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, bulkhead, alley, right-of-way, and public utility easement.
REGULAR SUBSCRIBER SERVICE. That service regularly provided to all subscribers. It includes all broadcast signal carriage and FCC-required access channel carriage, including origination programming. It does not include specialized programming for which a per program or per channel charge is made.
STANDARD DROP. A cable connection which requires no more than a 225-foot drop measured from the nearest reasonable point of connection to a subscriber's home or place of business (point of demarcation) to the nearest existing technically feasible point of connection to the cable system; involves only 1 outlet and standard materials; and does not involve a wall fish. If justified by the technology of the licensee, licensee and town may agree to a different standard drop in the license. A Standard Drop shall exclude custom installation work, including specific subscriber-requested work that requires nonstandard inventory or cable routing requiring construction methods exceeding reasonable underground or aerial work.
SUBSCRIBER. Any person receiving regular subscriber service.
VIDEO PROGRAMMING. Programming that is provided by, or generally comparable to programming provided by, a broadcast television station.
(Ord. 16-825, passed 9-13-2016)