For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE ACT. The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., and such future enactments as may amend or supersede it.
CATV SYSTEM. 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 county. CATV SYSTEM 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 a public right-of-way;
(3) A facility of a common carrier that is subject, in whole or in part, to the provisions of the Common Carrier Title of the Communications Act of 1934, 47 U.S.C. §§ 201 et seq., except that such facility will be considered a CATV SYSTEM to the extent that 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.
CHANNEL. A frequency band which is capable of carrying either one video signal or a number of audio, digital, or other non-video signals, or some combination thereof.
COUNTY. The County of Clark, Kentucky in its present form or in any form which may subsequently be adopted.
FCC. The Federal Communications Commission.
FISCAL COURT. The Fiscal Court of the County of Clark or any future entity constituting the legislative body of the County of Clark.
FRANCHISE. All those rights and obligations created by this chapter and granted by separate ordinance to a grantee.
GRANTEE. A person granted a franchise right as created by this chapter, its successors and assigns.
GROSS REVENUES. All system revenues received for any fiscal year by grantee from subscribers for recurring services, after deducting all taxes and other assessments collected by grantee for governmental authorities, franchise fees, bad debt expenses, installation and disconnect charges, and refundable subscriber deposits.
OWNER. A person with a legal or equitable interest in the ownership of real property.
PERSON. Any individual, corporation, partnership, association, joint ventures, or organization of any kind and any lawful trustee, successor, assign, transferee, or personal representative thereof.
PUBLIC PROPERTY.
(1) Any real property owned by the county;
(2) The surface of and the space above and below any public street, road, freeway, lane, path, public way, alley, court, sidewalk boulevard, parkway, or drive, insofar as any such surface and space is within the county; and
(3) Any easement or right-of-way now or hereafter held by the county or dedicated for use by the county or the general public.
SUBSCRIBER. Any person subscribing to any service provided by grantee by means of the system.
SYSTEM. The CATV system owned, operated, and maintained by grantee in the county pursuant to this franchise.
(Prior Code, § 64.002) (Ord. 89-15, passed 8-23-1989; Ord. 95-7, passed 4-19-1995; Ord. 95-6, passed 5-10-1995; Ord. 95-20, passed 12-13-1995; Ord. 2002-13, passed 6-12-2002)