CHAPTER 4
CABLE TELEVISION FRANCHISES

SECTION:

6-4-1: Definitions

6-4-2: Grant Of Authority

6-4-3: Franchise Conditions

6-4-4: Grantee Rules And Service Standards

6-4-5: Conditions On Street Occupancy And Use

6-4-6: Erection, Removal And Common Use Of Poles

6-4-7: System Construction And Extension

6-4-8: Rate Regulation

6-4-9: Annual Report And Audit

6-4-10: Preferential Or Discriminatory Practices Prohibited

6-4-11: Company Liability, Indemnification

6-4-12: Faithful Performance Bond

6-4-13: Operational Standards

6-4-14: Public, Educational, Or Governmental (PEG) Use

6-4-15: Franchise Fee

6-4-16: Customer Service

6-4-17: Enforcement

6-4-1: DEFINITIONS:

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense shall include the future tense, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not directory.

CABLE TELEVISION SYSTEM:	Hereinafter referred to as "CATV", "CATV system" or "system", shall mean a system of antennas, coaxial cables, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television, FM radio, or other services by cable through its facilities as herein contemplated.
CERTIFICATE OF FRANCHISE AUTHORITY:	A certificate issued by the Idaho secretary of state to a video service provider pursuant to the Idaho Video Service Act, Idaho Code §§ 50-3001 et seq.
CITY:	The city of Eagle, a municipal corporation of the state of Idaho, in its present incorporated form or in any other reorganized, consolidated or changed form.
COUNCIL:	The present governing body of the city or any future body constituting the legislative body of the city.
FRANCHISE:	The initial authorization, or renewal thereof, including a written agreement entered into by the city and a cable operator of a CATV system, or between the city and a video service provider, which authorizes the construction, maintenance and operation of a CATV system for the purpose of offering cable service or video service to subscribers within the territorial limits of the City. A certificate of franchise authority issued pursuant to Idaho Code § 50-3003 shall also constitute a franchise.
FRANCHISE AGREEMENT:	The agreement entered into between the city and a cable operator or video operator that sets forth, subject to this chapter, the terms and conditions under which a franchise will be granted and exercised.
FRANCHISE AREA:	The area of the city that a cable operator or video operator is authorized to serve by its franchise.
FRANCHISE FEE:	The amount paid by a cable operator or video service provider to the city.
GRANTEE:	Any cable television provider, or video service provider, their lawful successors or assignees of said persons, firms or corporations, to whom or to which franchises under this chapter are granted by the council, and the lawful successors or assignees of said persons, firms or corporations. A grantee also includes a video service provider who has been issued a certificate of franchise authority.
GROSS REVENUES:	All revenues, calculated in accordance with generally accepted accounting principles (GAAP), that are received by the cable service provider or video service provider from subscribers for the provision of cable service or video service to subscribers within the jurisdictional limits of the political subdivision. Gross revenues shall include the following: A.   All recurring charges and fees paid by subscribers for the provision of cable service or video service; equipment rental charges, late fees and insufficient funds fees; and fees attributable to video service when sold individually or as part of a package or bundle, or functionally integrated with services other than cable services or video services. The term "gross revenues" shall not include any charges resulting from action by a federal agency or taxes or surcharges imposed by a governmental body which are separately itemized and billed by a cable provider or video service provider to its subscribers; B.   Event-based charges for cable service or video service, including pay-per-view and video-on-demand; and C.   Any other consideration a cable provider or video service provider receives from its subscribers for providing cable service or video service when it is received in a transaction that would evade imposition of a franchise fee if such consideration is not included in revenue.
STREET:	The surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, court, sidewalk, parkway, drive or other public property, hereafter existing as such within the city.
SUBSCRIBER:	Any person or entity receiving for any purpose the CATV service or video service of the grantee by means of its CATV system or video system.
VIDEO SERVICE:	The delivery of video programming to subscribers, which programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service or digital television service, without regard to the technology used to deliver the video service, and which service is provided primarily through equipment or facilities located in whole or in part in, on, under or over any streets. The term includes cable service, but excludes any video programming provided to persons in their capacity as subscribers to commercial mobile service as defined in 47 U.S.C. § 332(d), or video programming provided as part of and via a service that enables end users to access content, information, electronic mail or other services offered over the public internet.
VIDEO SERVICE PROVIDER:	A provider of video service, as defined herein. (Ord. 676, 9-25-2012)