For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC SERVICE. That service tier which includes the retransmission of local television broadcast signals and any community, educational and government access channel requirements hereunder. The
term
BASIC SERVICE does not include optional program and satellite service tiers, a la carte services, per channel, per program or auxiliary services for which a separate charge is made. However, a company may include other satellite signals on the BASIC SERVICE.
CABLE SERVICE. The one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEM or 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 Town, but such term 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 subscribers, unless such 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 Cable Television Consumer Protection and Competition Act of 1992 (“the Act”), except that such facility shall be considered a cable system (other than for the purposes of section 621(c) of the Act) to the extent such facility 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.
CLASS IV CHANNEL. A signaling path provided by a cable system to transmit signals of any type from a subscriber terminal to another point in the cable system.
COMPANY. A grantee of rights under this chapter by means of an award of franchise, or its permitted successor, transferee or assignee or an applicant therefor.
CONVERTER. An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and by an appropriate channel selector also permits a subscriber to view more than 12 channels delivered by the system at designated converter dial locations.
FCC. The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
FORCE MAJEURE. A strike, acts of nature, acts of public enemies, orders of any kind of a government of the United States of America, riots, epidemics, landslides, lightning, earthquakes, fires,
tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent the disabled party notifies the other party as soon as practicable regarding such
FORCE MAJEURE.
FRANCHISE. The right of a company to operate a cable system within the Town for a limited term and in a manner in agreement with this chapter.
GROSS REVENUES. All revenue received directly or indirectly by a company from cable system operations within the Town, including, but not limited to, subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment, personnel fees, late fees, downgrade fees, home shopping service commissions and advertising commissions; provided, however, that such shall not include any taxes on services furnished by a company imposed directly upon any subscriber or user by the state, local or other governmental unit and collected by the company on behalf of the governmental unit.
INITIAL APPLICATION. The document setting forth the proposed terms for a franchise to be awarded by the Town to a company for a new franchise as opposed to the renewal of a franchise.
INSTALLATION. The connection of the system from the feeder cable to subscribers’ terminals. The term shall include all procedures required to complete service standards, including underground installation of service lines and restoration of lawn areas.
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, provided monitoring shall not include system-wide, nonindividually addressed sweeps of the system for purposes of verifying system integrity, controlling return paths transmissions or billing for pay services.
NORMAL BUSINESS HOURS. As applied to the company shall mean those hours during which similar businesses in the Town are open to serve customers. In all cases, normal business hours means that a company will be open for subscriber transactions Monday through Friday from 8:00 a.m. to 5:00 p.m., unless there is a need to modify those hours to fit more appropriately the needs of the Town or the subscribers. A company will establish supplemental hours on weekdays and weekends if it would fit the needs of the Town or the subscribers.
NORMAL OPERATING CONDITIONS. Those service conditions which are within the control of the company. Those conditions which are not within the control of the company include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the company 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.
RENEWAL PROPOSAL. A document setting forth the proposed terms for the renewal of an existing franchise to a company already functioning as an operator of a cable system for the Town.
SERVICE INTERRUPTION. The loss of picture or sound on one or more channels.
STREET. The surface and all rights-of-way, and the space above and below, of any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the Town for the purpose of public travel and shall also mean other easements or rights-of-way as shall be now held or hereafter held by the Town which shall entitle a company to the use thereof for the purposes of installing poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a cable system.
SUBSCRIBER. Any person, firm, company, corporation or association lawfully receiving basic service and/or additional service from company.
TOWN. The Town of Collierville, Tennessee, the grantor of rights under this chapter.
USER. A party utilizing a cable system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.
(`83 Code, § 13-502)