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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE COMMUNICATIONS SYSTEM,CABLE SYSTEM, or SYSTEM. A system of antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment, and facilities designed and constructed for the purpose of producing, receiving, transmitting, amplifying, and distributing audio, video, and other forms of electronic or electrical signals within the city. This shall include anything within the definition of “cable system” as found in Title VI of the Communications Act of 1934 or as used by the FCC in its rules or regulations.
CABLE OPERATOR or OPERATOR. Any person who provides cable service over a cable system.
CABLE SERVICE. The transmission of video programming or other programming services made available to subscribers generally.
CITY. The City of Columbia City, Indiana and all the territory within its present and future boundaries.
FCC. The Federal Communications Commission of the United States government or any successor agency with responsibilities pertaining to cable communications systems.
FRANCHISE. The right granted through a contractual agreement between the Common Council and a person by which the Common Council authorizes such person to erect, construct, reconstruct, operate, dismantle, test, use, and maintain a cable communications system in the city.
FRANCHISE AGREEMENT. A contract entered into between the Common Council and a person which sets forth rights and obligations between the city government and the person arising out of the Common Council's grant of a franchise including those rights and obligations required by the chapter.
FRANCHISE AREA. The part of the city that a franchise authorizes a person to provide cable services to.
FRANCHISING AUTHORITY. The legislative branch of the government of the city which is Common Council.
FRANCHISE FEES. Any tax, fee, or assessment of any kind imposed by a franchising authority on a grantee solely for the benefits of being the holder of a franchise. The term FRANCHISE FEE does not include:
(1) Any lease fees for grantee's use of city government-owned facilities or equipment (including utility poles and water towers) or of city government-owned real property for use as a site for grantee's buildings;
(2) Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services);
(3) Capital costs which are required by the franchise to be incurred by the grantee for public, educational, or governmental access facilities; or
(4) Requirements or charges incidental to the award, transfer, modification, renewal, or enforcement of the franchise: including payment of the new franchise application fee; the cost of bonds, security funds, letters of credit, insurance, and indemnification; the city government's expenses in the use of professional services in franchise proceedings; penalties or liquidated damages, as provided for in the chapter or a franchise agreement.
GRANTEE. A person granted a franchise by the franchising authority.
GRANTOR. The franchising authority as represented by any city official or agent acting under the authority of the Common Council.
(1) All cash, credits, property of any kind, or nature or other consideration derived directly or indirectly by a grantee, its affiliates, subsidiaries, parent, and any other person or entity in which the grantee has a financial interest or which has a financial interest in the grantee arising from or attributable to operation of the cable system, including but not limited to:
(a) Revenue from all charges for services provided to subscribers of entertainment and non-entertainment services (including leased access fees);
(b) Revenue from all charges for the insertion of commercial advertisements upon the cable system;
(c) Revenue from all charges for the leased use of studios;
(d) Revenue from all charges for the installation, connection, and reinstatement of equipment necessary for the utilization of the cable system and the provision of subscriber and other services; and
(e) The sale, exchange, or use or cable broadcast of any programming developed for community use or institutional users.
(2) GROSS REVENUES shall include, value at retail price levels, the value of any goods, services, or other remuneration in non-monetary form, received by the grantee or others described above in consideration for performance by a grantee or others described above of any advertising or other service in connection with the cable system.
LEASED ACCESS. The use on a fee-for-service basis of the cable system by business enterprises (whether profit, nonprofit, or governmental) to render services to the citizens of the city and shall include without limitation all use pursuant to 47 U.S.C. § 612.
NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the community are open to serve customers. A franchise agreement may include a specific schedule of normal business hours.
NORMAL OPERATING CONDITIONS. Those conditions within the control of the cable operator, including but not limited to: special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, maintenance or upgrade of the cable system. Those conditions not within the control of the cable operator include, but are not limited to: natural disasters, civil disturbances, power outages, telephone network outages, and severe weather.
PERSON. Any individual, corporation, partnership, association, joint venture, or organization of any kind and the lawful trustee, successor, assignee, transferee, or personal representative thereof.
PUBLIC WAY. The surface and the area above and below the surface of any public street, highway, lane, alley, sidewalk, path, right-of-way or easement, and any public utility easement or right-of-way dedicated generally for public utility uses but not including easements granted for purposes inconsistent with the cable system use.
SERVICE INTERRUPTION. The loss or the substantial deterioration in quality of picture or sound on one or more cable channels.
SUBSCRIBER or CUSTOMER. Any person who has been authorized by a cable operator to receive any one or more of the services provided by the operator's cable system.
(1980 Code, § 118.004) (Ord. 1996-4, passed 4-9-1996)