For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. Any programming or channel designated for use by any other person other than the company.
ANCILLARY SERVICE. Any service for which a separate per program, per view, or per service charge is made.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
CABLE OPERATOR. Any person or group of persons who:
(1) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or
(2) Otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
CABLE SERVICE.
(1) The one-way transmission to subscribers of video programming, or other program- ming service; and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CABLE 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 a community. The term CABLE 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 the facility or facilities uses any public right-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Act, except that the facility shall be considered a CABLE SYSTEM (other than for purposes of Section 621 (c)) to the extent the facility is used in the transmission of video programming directly to subscribers; or
(4) Any facility or any electrical utility used solely for operating its electric utility systems.
CABLE TELECOMMUNICATION SYSTEM. This terminology, along with CABLE TELECOMMUNICATION SERVICE, shall have the same meaning as “Cable Television”, “Cable System”, “Cable Television Service” and “CATV.”
CABLE TELEVISION. Cable television and communications transmitted via the cable system.
CLASS IV CHANNEL. A signaling path provided by a cable communications system to transmit signals of any type from a subscriber to another point in the cable communications system.
COMMENCE OPERATION. That time and date when operation of the cable system is considered to have commenced, which shall be when sufficient distribution facilities have been installed so as to permit the offering of full service to at least 20% of the potential subscribers located within the town.
CONSTRUCTION COMPLETION DATE. The date, after receiving a request from franchisee, on which the town or its designee issues a certificate of completion to a franchisee. That certificate shall not be unreasonably withheld.
CONVERTER. An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber to view all signals delivered at designated converter dial locations.
FCC. The Federal Communications Commission and any legally appointed or elected successor.
FRANCHISE. An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject of Section 626), issued by a franchising authority, whether this authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
FULL SERVICE or FULL CATV SERVICE. Basic service and expanded service and all pay services.
GRANTEE, FRANCHISEE or COMPANY. Any person receiving a franchise pursuant to this chapter and its lawful successor, transferee, or assignee.
GROSS REVENUES. All revenue derived directly or indirectly by the grantee, its affiliates, subsidiaries, parent, and any person in which the grantee has a financial interest, from providing cable television services within the town, including, but not limited to, basic subscriber service, monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees and advertising revenues. However, this shall not include any taxes on services furnished by the grantee herein imposed directly upon any subscriber or user by the local or other governmental unit and collected by the grantee on behalf of the governmental unit.
HEAD END. The land, electronic processing equipment, antennas, dishes, towers, buildings, and other appurtenances normally associated with and located at the starting point of a cable television system.
INSTALLATION. The connection of the system from feeder cable to subscriber's terminals.
MONITORING. Observing a communications signal, or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever. MONITORING shall not include system-wide, non-individually addressed sweeps of the system for purposes of verifying system integrity, controlling return path transmission, or billing for pay services.
PROPERTY OF GRANTEE. All property owned and installed or used by a grantee in the operation of a CATV system or service located in the town under the authority of a franchise granted pursuant to this chapter.
RATES. Those charges assessed by the grantee to the subscribers or users of the cable television system. RATES refer not only to charges assessed but also to charges if set at zero.
SALE. Includes any sale, exchange, barter, or offer for sale.
SERVICE PACKAGE or TIER or TIER SERVICE. One or more communications channels which are offered as a unit by the grantee to subscribers and for which a separately identifiable rate or charge is made.
STATE. The State of North Carolina.
STREET or ROAD or RIGHTS-OF-WAY. The surface of and the space above and below any 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 town.
SUBSCRIBER. Any person or entity lawfully receiving any portion of the cable television service of a grantee pursuant to this chapter.
SUBSTANTIALLY COMPLETED. Occurs when sufficient distribution facilities have been installed by the grantee so as to permit the offering of full service to at least 90% of the potential subscribers in the town.
TOWN. The Town of Clayton or the elected board or council thereof or the area within the territorial limits of the town and that territory outside of the town over which the town has jurisdiction or control by virtue of any constitution and charter provisions or any law, including any future annexed town limits.
USER. A party utilizing a cable television system channel for purposes of production or transmission of a material to subscribers, as contrasted with receipt in a subscriber capacity.
(Ord. passed 7-21-86)