For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS CHANNELS. Those channels which are to be kept available by the franchisee for partial or total dedication to public access, educational access, local government access or leased access.
CABLE OFFICE. The business office of the franchisee which shall be conveniently accessible to the public and located in the franchise area or in an area served by the franchisee within the county.
CABLE TELEVISION SYSTEM. Any facility that, in whole or in part, receives directly, or indirectly over the air and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television stations, radio stations or other electronic signals and distributes the signals by wire or cable to subscribing members of the public who pay for the service, but the term shall not include any facility that serves fewer than 75 subscribers; any facility that serves only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of an apartment house; and any facility that serves only the residents of an overnight residential business establishment (such as, hotel, motel and the like) or any commercial establishments or private organizations or associations that services only its own employees, members of the general public upon its own premises, or its own members as the case may be.
CATV. Cable television.
EXTENSION COSTS. One time pro rata energizing charges and cable costs, inclusive of direct and indirect overhead so as to reflect the equivalent actual cost of equipment, wire and installation labor above and beyond the cost of a normal drop.
FCC REGULATIONS. The present and future valid rules and regulations promulgated by the FCC and applicable to cable television systems in the town.
FCC. The federal regulatory agency or agencies having regulatory jurisdiction over cable television.
FRANCHISE AGREEMENT. The ordinance adopted by the Board of Commissioners designating a franchisee for the operation of a cable television system in a designated basic area within the town, and designating the particular terms and provisions thereof, as shall supplement this chapter to include by incorporation the application for franchise made by the franchisee.
FRANCHISE. Authorization granted pursuant to the terms of this chapter to construct, operate, and maintain a cable television system within all, or a specified area, in the corporate limits of the town. The franchise shall be granted in the form of a franchise ordinance (herein also sometimes referred to as the FRANCHISE AGREEMENT) separate and distinct from any license or permit required for the privilege of transacting and carrying on business within the town as required by other ordinances and laws of the town. The franchise ordinance, together with this chapter, shall contain the terms and conditions upon which any cable television system may be operated in the town.
FRANCHISEE. The person, firm or corporation granted a franchise by the Board of Commissioners under this chapter and their lawful successors or transferees.
GROSS SUBSCRIBER REVENUES. Any and all compensation and other consideration in any form received by the franchisee arising from the sale of services offered under the authority of its franchise; provided, the term shall not include any sales, service, rent, occupational or other excise tax to the extent the taxes are charged separately in addition to the regular monthly service and any additional services and are remitted to a taxing authority.
NORMAL DROP. The conductor which provides subscriber interconnection to an existing or required cable television system feeder leg with a cable length not to exceed 200 feet, including the cable length required within the subscriber’s premises, as measured from the nearest street or road right-of-way line. NORMAL DROP shall mean a cable television signal cable and appurtenances of such construction, installations and system interconnection as provides signal levels of the quality and strength consistent with the technical quality requirements of the FCC rules. It may be overhead or underground. Drops in excess of the normal length shall be in accordance with the provisions of the line extension policy in this chapter.
PROPERTY OF FRANCHISEE. All property owned and installed or used by the franchisee in the operation of a cable television system or service in the county under authority of a franchise granted pursuant to this chapter.
STREET or ROAD. The surface of and the space above and below any publicly- or privately-owned or maintained property or any public street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, cartway, drive, existing as such within the franchise area.
SUBSCRIBER or USER. Any person lawfully receiving, for any purpose any service of the franchisee’s cable television system.
TWO-WAY CAPACITY. The system shall maintain a plant having technical capacity for audio and video return communications.
(Prior Code, § 114.03) (Ord. passed 11-12-1981)