For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATE. Any person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, a franchised operator.
APPLICANT. A person or entity submitting an application or proposal to the city for a franchise to operate a cable system under the terms and conditions of this chapter and any applicable state or federal regulations.
AUXILIARY EQUIPMENT. Equipment supplied by a cable operator which enhances or assists in the reception or provision of cable service.
BASIC CABLE SERVICE or BASIC SERVICE. Any service tier which includes the retransmission of local television broadcast signals and any EG channels required to be carried pursuant to applicable franchise.
CABLE COMMUNICATIONS ACT or CABLE ACT. Cable Communications Policy Act of 1984, being 47 U.S.C. §§ 521 et seq., the Cable Television Consumer Protection and Competition Act of 1992, being Pub. L. 102-385, the Telecommunications Act of 1996, being Pub. L. 104-104, and all later federal legislation regulating cable television operators.
CABLE OPERATOR or OPERATOR. Any person or entity which:
(1) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or
(2) Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
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 the video programming service or other programming service.
(1) This shall include all forms of cable service whether provided by a cable operator or not.
(2) This definition shall not be construed to prohibit any other lawful service that may be provided by a cable operator.
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 and data programming and which is provided to multiple subscribers within the city. Provided, this shall not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that does not use any public way or public right-of-way; or
(3) Any facilities of any electric utility used solely for operating its electric utility systems.
CHANNEL or CABLE CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as defined by the FCC).
CITY. The City of Columbus, Nebraska.
CITY ADMINISTRATOR. The City Administrator.
COMMUNITY. The geographic area within the municipal limits of the city, including those annexations approved by the city.
CONVERTER. Any device, separate and apart from the subscriber’s receiver, that will permit a subscriber to view or otherwise use signals delivered at designated dial locations or other reception and use allocations as may be applicable and required for the practical use of the signal.
COUNCIL. The City Council.
CUSTOMER. A subscriber.
DISASTER EMERGENCY or DISASTER or EMERGENCY. An imminent, impending or actual natural or humanly induced situation where the health, safety or welfare of all, or a portion of the residents of the city is threatened. A DISASTER EMERGENCY (by illustration) may include a snowstorm, flood, tornado, severe thunderstorm, hazardous waste infiltration, explosion or aircraft crash.
DROP. A small branch of cable which connects the customer’s television to the feeder cable or future technical equivalent on the street, easement, rights-of-way or public way.
EASEMENT. Includes any public easement or other compatible use created by dedication or by other means, for public utility or other purposes including cable television. EASEMENT shall include a private easement used for the provision of cable service.
EG CHANNEL. A channel on a cable system made available for noncommercial educational or governmental programming.
ENTITY. Partnership, joint venture, corporation or limited liability company.
FCC. The Federal Communications Commission.
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, amendment or renewal granted by the city which authorizes the construction and operation of a cable system.
FRANCHISE AGREEMENT. A separate agreement by which a franchise is granted to a franchised operator, as required by this chapter.
FRANCHISING AUTHORITY. The city.
FRANCHISE EXPIRATION. The date of expiration, or the end of the term of a franchise, 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 cable system.
FRANCHISED OPERATOR. A person or entity that is awarded a franchise by the city to construct and operate a cable system within the city.
GROSS REVENUE.
(1) All revenues as determined in accordance with generally accepted accounting principles (GAAP) derived from the operation of the cable system to provide cable service.
(2) GROSS REVENUE does not mean any taxes imposed and/or assessed by law on subscribers, including state and local sales taxes, which a cable operator is obligated to collect and pay in full to the applicable authorities.
LATE CHARGE. A charge which is added to a subscriber’s account or bill for non-payment of a previously due amount account.
MAYOR. The Mayor of the City of Columbus.
OTHER PROGRAMMING SERVICE. Information that a cable operator makes available to all subscribers generally.
PAY-PER-VIEW or PREMIUM CHANNEL. The delivery over the cable system of programming provided only to those subscribers paying a separate fee or charge.
PUBLIC WAY. Any public street, public place or right-of-way now or later dedicated to the public use within the area served by a cable operator.
RATE. The monthly, bi-monthly, quarterly, semi-annual, annual or other periodic price paid by a subscriber in order to receive cable service.
REPORTING QUARTER. A cable operator’s fiscal quarter as reported to the city. If a cable operator does not report to or notify the city concerning the dates of its fiscal quarters, then the REPORTING QUARTERS for a cable operator shall be considered to be the periods ending on the last day of March, June, September and December of each calendar year.
REVOCATION, TERMINATION or NON-RENEWAL. An official act by the city which lawfully removes, repeals or rescinds a previously approved authorization for a franchised operator to provide cable service.
SERVICE TIER. A multi-channel category of cable service or other services provided by a cable operator, and for which a separate rate is charged by the cable operator.
STATE. The State of Nebraska.
SUBSCRIBER. Any person, firm, corporation or entity lawfully receiving cable service delivered by the cable operator.
USER. A person or organization utilizing a cable system and/or its equipment for purposes of production and/or transmission.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Prior Code, § 110.061) (Ord. 13-08, passed 6-3-2013)