For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense shall include the future tense and words in the plural number shall include the singular number, and words in the singular number shall include the plural number:
BASIC CABLE. The lowest priced tier of service that includes the retransmission of local broadcast television signals and any public, educational and governmental access channels.
CABLE ACT. Collectively means the Cable Communications Policy Act of 1984, being 47 U.S.C. §§ 521 et seq., and the Cable Television Consumer Protection and Competition Act of 1992, being 47 U.S.C. §§ 201 et seq., and the Telecommunications Act of 1996, being 47 U.S.C. §§ 521 et seq., as amended.
CABLE OPERATOR. Defined as the same definition used in the Cable Act.
CABLE SERVICE. Defined as the same definition used in the Cable Act.
CABLE SYSTEM. Defined as the same definition used in the Cable Act.
CITY. The City of Clinton and the geographical area within the corporate boundaries of the city.
FCC. The Federal Communications Commission or successor governmental entity thereto.
FRANCHISE. The initial authorization, or renewal thereof, issued by the franchising authority, whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise, which authorizes construction and operation of the cable system.
FRANCHISING AUTHORITY or GRANTOR. The City Council of the City of Clinton or the lawful successor, transferee or assignee thereof.
GRANTEE. Any person, firm, corporation or other entity granted a franchise hereunder, or the lawful successor, transferee or assignee thereof.
GROSS REVENUES. Any and all revenue received by the grantee from the operation of the cable system to provide cable service to subscribers in the service area, provided, however, that the phrase shall not include any fees or franchise fees or taxes which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency, and which are collected by the grantee on behalf of the governmental unit or agency.
HEADEND. The land, electronic processing equipment, antennas, tower, building and other appurtenances normally associated with and located at the starting point of a cable system.
HOUSE DROP or DROP. A cable that connects each building or home to the nearest feeder line of the cable network.
NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the community are open to serve subscribers. In all cases, NORMAL BUSINESS HOURS, as a minimum, shall mean those hours when the City Hall is open to serve citizens.
NORMAL OPERATING CONDITIONS. Those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, strikes, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
OUTLET. The point of connection of the cable or wire to a television.
PERSON. An individual, partnership, association, joint stock company, trust, corporation or governmental entity.
PRIVATE PROPERTY. All property, real, personal or mixed, owned by a private person, including property owned by a public utility not owned or operated by the city.
PROPERTY OF THE GRANTEE. All property, real, personal or mixed, owned or used by the grantee, however arising from or related to or connected with the franchise.
PUBLIC ACCESS CHANNEL. Channel capacity designated for noncommercial public access use.
PUBLIC PROPERTY. All property, real, personal or mixed, owned or used by the city, including property owned or used by a public utility owned or operated by the city.
PUBLIC WAY. The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way lane, public way, drive circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchising authority in the service area which shall entitle the franchising authority and the grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the system. PUBLIC WAY shall also mean any easement now or hereafter held by the franchising authority within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the franchising authority and the grantee to the use thereof for the purposes of installing and operating the grantee’s cable system over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the cable system.
SERVICE AREA. The present municipal boundaries of the franchising authority.
SERVICE INTERRUPTION. The loss of video or audio on one or more channels.
SERVICE TIER. A category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator.
SHALL and WILL. Are mandatory; MAY is permissive.
SUBSCRIBER. A person or user of the system who lawfully receives communications and other services therefrom with the grantee’s express permission.
(Ord. 2314, passed 1-25-2006)