For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A/B SWITCH or INPUT SELECTOR SWITCH. Any device that enables a viewer to select between any video source (including any type a multi-channel service) or any ancillary equipment. Such a device may be more sophisticated than a mere two-sided switch, may utilize other multi-channel system interface equipment, and may be built into television receivers.
ABANDONED CALLS. Telephone calls that are connected to an MCS provider's general infor-mation number, but the caller hangs up without being attended by a representative of the MCS provider, or by a device capable of problem resolution.
ACCESS CHANNEL. A government, education, or public channel which is carried on a multi-channel system, but which is not part of any institutional network.
ACTIVATED CHANNEL. Has the same meaning as defined by federal or state law if such a definition is permitted.
AFFILIATED PROGRAMMER. A programmer with an ownership interest of 5% or more including general partnership interests, direct ownership interests, and stock interests in a corporation where such stockholders are officers or directors or which directly or indirectly own 5% or more of the outstanding stock, whether voting or non-voting. Such interests include limited partnership interests of 5% or greater.
ALTERNATIVE USER CHARGE. A charge used in place of a franchise fee that the Council requires as payment for the privilege of using the streets, easements, public ways, or rights-of-way of the city in order to construct, maintain, and operate a multi-channel system. An alternative user fee is not based on an MCS provider's gross annual revenues (as is the case in a franchise fee), but rather is based on the value of the city property that an MCS provider is using to construct, maintain, and operate its multi-channel system.
ANNUAL GROSS REVENUES. Any and all compensation which is derived from the operation of the MCS system, and which is attributable to the subscribers or customers within the city. Further, annual gross revenues, any and all compensation, in whatever form (except as exempted by this definition), exchange or otherwise derived from all multi-channel services, MCS operations, and MCS related activities within the city including, but not limited to, revenues from subscriber rates, bulk billing rates, menu-driven cable, pay-per-view events or channels, premium channels, service tiers, service clusters, institutional networks, advertising, installations, rebates or commission received from travel or home shopping services, infomercial channels, or commercial access. Also, unless prohibited or preempted by either federal or state law, annual gross revenues shall mean any and all compensation from all ancillary multi-channel services, MCS operation, and MCS related activities within the city, including, but not limited to sale of MCS or MCS equipment, revenues from advertising stuffers inserted into periodic billing statements or other notices, revenues from 900 numbers or revenues from other interactive cable or informational services, revenues from personal communications networks (PCNs), rental or sale of video discs, rental or sale of video cassettes, rental or sale of descrambling converters, or other devices, rental or sale of remote control devices (including those with volume control), rental or sale of a/b or input switches, rental or sale of interactive games or software, rental or sale of digital radio equipment, sale of satellite antenna-received programming for a programmer or distributor of services, or from revenues received as the billing agent, collector, or retailer of satellite antenna-received service. However, annual gross revenues does not mean any taxes imposed and/or assessed by law on subscribers (including state sales taxes, but excluding any state or local franchise fees) which an MCS provider is obligated to collect and pay in full to the applicable authorities.
APPLICANT. A person submitting an application or proposal to the city for a license or franchise to operate a multi-channel system under the terms and conditions set forth in this chapter, and any State regulations.
APPLICATION or PROPOSAL. Synonymous for the purposes of this chapter, means the process by which the applicant submits a request and indicates a desire to be granted a license or franchise for all or a part of the city. An application or proposal includes all written documentation, and verbal statements and representations, in whatever form or forum, made by an applicant to the Council/franchising authority concerning the construction, rendering of services, maintenance, or any other matter pertaining to the proposed multi-channel system.
ASSIGNMENT OR TRANSFER OF A FRANCHISED MCS PROVIDER'S FRANCHISE. Any transaction or action which effectively or actually changes operational or managerial control from one person or entity to another.
AUXILIARY EQUIPMENT. Equipment supplied by the MCS provider (such as a converter, remote control unit, or input selector switch), which enhances or assists in the reception or provision of multi-channel service.
BASIC SERVICE TIER. Shall, at a minimum, include all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable system), any public, educational, and governmental programming required by the franchise to be carried on the basic tier, and any additional video programming signals or service added to the basic tier by the cable operator.
CABLE ACT OF 1984 (CCPA). The Cable Communications Policy Act of 1984, being 47 USC 521 et seq., as amended.
CABLE ACT OF 1992. The Cable Television Consumer Protection and Competition Act of 1992, being 47 USC 521 et seq., as amended.
CABLE CHANNEL or CABLE TELEVISION CHANNEL. A portion of the electromagnetic or light frequency spectrum which is capable of delivering a television channel (as television channel is defined by the FCC).
CABLE OPERATOR or OPERATOR. Any person or group of persons who:
(1) Provides cable television service over a cable system and directly or through one (1) 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 PROGRAMMING SERVICE. Includes any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than:
(1) Video programming carried on the basic service tier as defined in this section;
(2) Video programming offered on a pay-per-channel or pay-per-program basis; or
(3) A combination of multiple channels of pay-per-channel or pay-per-program video programming offered on a multiplexed or time-shifted basis so long as the combined service:
(a) Consists of commonly-identified video programming; and
(b) Is not bundled with any regulated tier of service.
CABLE SYSTEM or CABLE TELEVISION 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, voice or data programming, and which is provided to multiple subscribers within the city. However, such terms do not include the following:
(1) A facility that serves only to retransmit the television signals of one (1) or more broadcast stations; or
(2) A facility that serves only subscribes in one (1) or more multiple unit dwellings under common ownership, control, or management unless such facility or facilities uses any public rights-of-way; or
(3) A facility or a common carrier which is subject, in whole, or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the CCPA, codified at 47 USC 541) to the extent such facility is used in the transmission of video, voice, or data programming or service directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility.
CHARGE. A one-time or non-regularly occurring cost paid by the subscriber, and which is associated with the installation, maintenance, service, or repair of the multi-channel service. Specifically, a charge includes, but is not limited to, disconnection fees, downgrade charges, costs for closed-captioned devices and equipment, remote control devices and equipment for hearing-impaired customers, installation charges for video camera recorders and players, installation charges for digital radio, and trip or service call charges.
CITY. The City of Cleburne, Texas or its lawful successor.
COLLECTION CHARGE. A charge or fee imposed on a customer by an MCS provider for such provider's efforts at collecting, or attempting to collect, a past due account.
COMMERCIALLY IMPRACTICABLE. With respect to any requirement applicable to an MCS provider, means that it is commercially impracticable for such an MCS provider to comply with such requirement as a result of a change in conditions which is beyond the control of such an MCS provider, and the non-occurrence of which was the basic assumption on which the requirement was based.
CONVERTER. Any electric, electronic, or other device, separate and apart from the subscriber's receiver that is capable of converting or changing signals to a frequency not intended to be susceptible to interference within the television, video, or data receiver of a subscriber, and by an appropriate channel or other type of selector may also permit a subscriber to view or otherwise use signals delivered at designated dial locations, or such other reception and use allocations as may be applicable and required for the practical use of the signal.
COUNCIL or COUNCIL/FRANCHISING AUTHORITY. The City Council for the City of Cleburne, Texas or its lawful successor, which is the lawful legislative body for the city.
CUSTOMER. A subscriber, or user of the services and/or facilities of the multi-channel system provided by an MCS provider.
DATA CHANNEL or INFORMATION CHANNEL. The use of the electromagnetic or light spectrum for the purpose of transporting data or non video programming.
DECODER or DESCRAMBLER. A device which enables a subscriber to convert a scrambled signal into a viewable or otherwise usable signal.
DISASTER EMERGENCY or DISASTER or EMERGENCY. An imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the city is threatened. A disaster emergency (by illustration) may include a sudden or expected insect infestation (such as with locusts or bees), snowstorm, flood, hail storm, tornado, severe thunderstorm, hazardous waste infiltration, fire, petroleum, munitions, nuclear explosion, or aircraft crash.
DROP. A small branch of cable or other transmitting medium which connects the terminals on the back of the subscriber's receiver to the feeder cable or future technical equivalent on the street, easement, rights-of-way, or public way.
EASEMENT. Means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever, including cable television, or any multi-channel service. EASEMENT shall include a private easement used for the provision of cable service or any other multi-channel service.
FEDERAL COMMUNICATIONS COMMISSION (FCC). The Federal administrative agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level.
FIBER CABLE or FIBER OPTIC CABLE. Very thin and pliable cylinders, or strands of glass or plastic, or any future developed technical equivalent, used to carry wide bands of multiple frequencies.
FRANCHISE. The initial authorization, or subsequent renewal granted by the Council/franchising authority in order for a person to construct, operate, and maintain a franchised MCS system in all or part of the city.
FRANCHISE EXPIRATION. The date of expiration or the end of the term of a franchised MCS provider, as provided under a franchise agreement.
FRANCHISE FEE. A fee or charge that the city requires as payment for the privilege of using the streets, rights-of-way, public ways, and easements of the city in order to construct, maintain, and operate a franchised MCS system.
FRANCHISED MCS PROVIDER. A person that is awarded by the Council/franchising authority a franchise to construct and operate a franchised multi-channel system, within all or part of the city. The term FRANCHISED MCS PROVIDER specifically includes the term CABLE OPERATOR.
FRANCHISING AUTHORITY or COUNCIL/FRANCHISING AUTHORITY. The City Council for the City of Cleburne, Texas. This definition specifically includes the situation wherein the Council in its franchising authority capacity grants a franchise, or renews a franchise, or approves a franchise transfer by an applicant for an MCS franchise, or a franchised MCS provider.
HEADEND. The electronic control center where incoming signals, including those of television broadcast stations, are amplified, modulated, filtered, converted, or in any way processed or converted for redistribution to subscribers.
HUB. The satellite or remote receiving, processing and/or transmitting facility, enabling the signal to be extended beyond the physical/electronic capabilities of the multi-channel electronics and/or to serve as a remote switching facility.
LATE CHARGE. A charge which is added to a subscriber's account or bill for non-payment of a previously due and delinquent account.
MAYOR. The Mayor for the City of Cleburne, Texas.
MCS. Multi-channel service.
MCS PROVIDER or MULTI-CHANNEL SERVICE PROVIDER. Any person or group of persons who provides multi-channel communications service over a multi-channel system and directly or indirectly owns a significant interest in such multi-channel system, or who otherwise controls or is responsible through any arrangement, the management and operation of such a multi-channel system. The term MCS PROVIDER or MULTI-CHANNEL SERVICE PROVIDER specifically includes the terms cable operator, MDS provider or multi-point distribution system provider, MMDS provider, personal communications network system provider (where applicable), and SMATV operator.
MDS. Multi-point distribution system.
MDS PROVIDER or MULTI-POINT DISTRIBUTION SYSTEM PROVIDER. Any person or group of persons who is authorized by the FCC, within frequency boundaries established by the FCC, to transmit specialized multi-channel programming or data or facsimile transmission to subscriber-selected locations.
MENU-DRIVEN or MENU-DRIVEN CABLE or MENU-DRIVEN PROGRAM/SERVICE. The process whereby the MCS provider offers multi-channel services via the multi-channel system in a format that allows the subscriber to select and be charged for multi-channel services on either a per channel, per program, or per event basis. Menu-driven cable allows the subscriber to create his or her own service tier(s) or cluster(s), and the opportunity to change the composition of his or her tier(s) or cluster(s) on a periodic basis.
MULTI-CHANNEL PROGRAMMING SERVICE or MULTI-CHANNEL SERVICE. Means:
(1) The one-way transmission to subscribers of video programming, or other programming service; and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
MULTI-CHANNEL SYSTEM. Means:
(1) Facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment; or
(2) A facility consisting of infra-red transmission or point-to-point transmission (as permitted by law); or
(3) Any functional equivalent that is designed to provide multi-channel service which includes video voice or data programming and which is provided to multiple subscribers within the city.
However, such term does not include the following:
(1) A facility that only retransmits the television signals of one or more broadcast stations;
(2) A facility that serves only subscribers and one or more multi-unit dwellings under com-mon ownership, control, or management unless such facility or facilities uses any public rights-of-way,
(3) A facility or common carrier which is subject, in whole or in part, to the provision of Title II of the Communication Act of 1934 except that such facility shall be considered a multi-channel system (other than for purposes of Section 621(c) of the CCPA, codified at 47 USC 541) to the extent such facility is used in the transmission of video, voice, or data programming or service directly to subscriber; or
(4) Any facilities of any electric utility used solely for operating its electric utility.
ORDINANCE. The Multi-Channel Service Providers Regulatory Ordinance for the City of Cleburne, Texas.
OTHER PROGRAMMING SERVICE. Information that an MCS provider (specifically including a cable operator) makes available to all subscribers generally.
PAY-PER-VIEW or PREMIUM CHANNEL. The delivery over the multi-channel system of audio and/or video signals in an unintelligible form to subscribers for a fee or charge (over and above the charge for standard or basic service) on a per program or per channel basis where the unintelligible or unusable form for viewing is made intelligible only to subscribers paying a separate fee or charge for the viewing or use of the signals.
PERSON. Any individual, corporation, business, trust, estate, trust, partnership, association of two or more persons having a joint common interest, governmental agency, or other legal entity, including the city.
PRIVATE COMMUNICATIONS NETWORK (PCN) or PRIVATE COMMUNICATIONS SYSTEM. Any ancillary or aligned component of an MCS provider's system consisting of communications lines, cables, equipment or facilities which are used to provide telecommunications service that in any manner uses or occupies the streets, easements, public ways, or rights-of-way within the city (as annexed). However, PRIVATE COMMUNICATIONS NETWORK does not include any part of a state or FCC licensed local government local exchange telephone company, or any part of a federal, state, county, or local government owned telecommunications system.
PROPOSED ABANDONMENT, WITHDRAWAL, OR CESSATION OF MULTI-CHANNEL SERVICE. The anticipated, contemplated, imminent, or expected (either voluntary or involuntary) disruption, discontinuance, desertion, or removal of an MCS provider's operation and provision of multi-channel service from all or part of the city.
PUBLIC, EDUCATIONAL OR GOVERNMENTAL ACCESS FACILITIES. Means:
(1) Channel capacity designated exclusively for public, educational or governmental use; and
(2) Facilities and equipment for the use of such channel capacity.
RATE. The periodic price paid for the receipt of any multi-channel service provided by an MCS provider.
REVOCATION, TERMINATION, OR NON-RENEWAL. An official act by the city whereby the Council/franchising authority removes, repeals, or rescinds previously approved authorization for a licensed or franchised MCS provider to conduct the running of a multi-channel system within the city.
SMALL SYSTEM. A cable television system that serves fewer than 1,000 subscribers. The service area of a small system is determined by the number of subscribers that are served by a system's principal headend, including any other headends or microwave sites that are technically integrated to the system's principal headend.
SERVICE CLUSTER. The grouping, aligning, or packaging of one or more multi-channel programming services by category (such as sports and/or news), or by rate, or by some other identifiable method, and charging a separate price or rate for each service cluster.
SERVICE OUTAGE FOR PURPOSES OF CREDIT. The loss of picture or sound on all basic subscriber channels, or one or more auxiliary programming channels (including tiers and clusters). For purposes of response to a service call, a service outage means a loss of a picture or sound or other informational service provided by an MCS provider. Both of these situations assumes the outage is not caused by the failure or malfunction of a subscriber's television receiver or by the error, misfeasance or malfeasance of the subscriber.
SERVICE TIER. A category of multi-channel service or other programming service provided by an MCS provider and for which a separate rate is charged by an MCS provider.
SMATV. Satellite Master Antenna Television.
SMATV OPERATOR or SATELLITE MASTER ANTENNA TELEVISION OPERATOR. Any person or group of persons who:
(1) Provides multi-channel service over an SMATV system; or
(2) Otherwise controls or is responsible for, through any arrangement, the management of an SMATV system.
SMATV SYSTEM. A private multi-channel system not crossing any public rights-of-way and which is located on private property, and serving private dwellings.
STATE. The State of Texas.
STREET or PUBLIC WAY. The surface of and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by the city (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel and shall include other easements or rights-of-way now or hereafter held by the city (including any easements or rights-of-way acquired by eminent domain) which shall, with their proper use and meaning, entitle the city and MCS provider to use thereof for the purpose of installing or transmitting multi-channel system transmissions over poles , wires, cable, conductors, ducts, conduits, viaducts, manholes, amplifiers, appliances, attachments, and other property as may ordinarily be necessary and pertinent to a multi-channel system.
SUBSCRIBER. A person lawfully receiving multi-channel service delivered by the MCS provider.
USC. United States Code.
USER. A person or organization utilizing a multi-channel system and/or its equipment for purposes of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
VIDEO PROGRAMMING. Programming provided by or generally considered comparable to programming provided by a television broadcast station.
(Ord. 4-1994-20, passed 4-12-94)