For 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 include the future; words in the plural number include the singular number. The word “shall” is mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meanings.
ADDITIONAL SERVICES. Programming or services for which an additional charge is made beyond the charge for basic subscriber services, including but not limited to movies, concerts, variety acts, sporting events, pay per view programs, and any other service utilizing any facility or equipment of a cable television system operating pursuant to a franchise granted under this chapter.
BASIC SUBSCRIBER RADIO SERVICE. Such audio services as the re transmission of broadcast FM radio signals, weather, news, time and other similar audio services and the transmission of cablecast (nonbroadcast) radio signals as permitted by the FCC.
BASIC SUBSCRIBER TELEVISION SERVICES. All subscriber services provided by the grantee in one or more service tiers, including the delivery of broadcast signals, public, educational and government access channels, and local origination channels, covered by the regular monthly charge paid by all subscribers to a particular service tier including subscriber terminal charges and related deposits.
CABLE COMMUNICATIONS 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 designated to provide cable service which includes video programming and which is provided to multiple subscribers within a community; 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 only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public rights-of-way.
(3) A facility of a common carrier which is subject, in whole or in part, to the provision of Part II of the Cable Act, being 47 U.S.C. §§ 531 through 537a, except that such facility shall be considered a cable system 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.
CHANNEL. A six Megahertz (MHz) frequency band which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals or some combination of signals.
CLOSED-CIRCUIT OR INSTITUTIONAL SERVICES. Such video, audio, data and other services provided to institutional users on an individual application basis. These may include, but are not limited to, one way video, two way video, audio or digital signals among institutions to residential subscribers.
COMMENCE OPERATION. Time and data when operation of the cable communications system is considered to have commenced, which shall be when the system is fully constructed.
COMMERCIAL SUBSCRIBER. A subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade or profession.
COMMUNICATIONS POLICY ACT or CABLE ACT. The Cable Communications Policy Act of 1984 (Pub. L. No. 98 549, 47 U.S.C. § 521 (Supp.)) as it may be amended or succeeded.
CONVERTER. An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set.
COUNCIL. The City Council.
DEDICATED INSTITUTIONAL ACCESS CHANNELS. Broadband communications channels dedicated to serving city, county, state or federal governmental agencies, educational institutions, health care institutions or other nonprofit and profit making organizations that may be qualified by the Council.
DISCRETE CHANNEL. A channel which can only be received by the person and/or institution intended to receive signals on such channel.
DROP. A coaxial connection from feeder cable to the subscriber/user television set, radio or other terminal.
EDUCATIONAL CHANNEL OR EDUCATIONAL ACCESS CHANNEL. Any channel where educational programs are the only designated use.
FAIR MARKET VALUE. The price that a willing buyer would pay to a willing seller for a going concern.
FCC. The Federal Communications or any legally appointed or elected successor.
FRANCHISE. The nonexclusive rights, granted pursuant to this chapter, to construct, operate and maintain a cable communications system along the public ways within all or a specified area in the city. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city, as required by other ordinances and laws of the city.
FRANCHISE AGREEMENT. A contract entered into voluntarily between the city and the grantee, containing the specific provisions of the franchise granted including applicable referenced specifications, franchise proposals, applications and other related material.
FRANCHISE AREA. The entire city, or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise agreement, the franchise area shall be the corporate limits of the city, including all territory thereafter annexed to the city.
FRANCHISE FEE. An amount not to exceed 5%, as negotiated by the city, of the grantee’s gross receipts from the operation of the system pursuant to the franchise agreement.
FRANCHISEE or GRANTEE. The natural person, partnership, domestic and foreign corporation, association, joint venture, or organization of any kind which has been legally granted a franchise by the city, and its lawful successor, transferee or assignee.
GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL. Any channel specifically designated or dedicated for government use.
GRANTOR. The city as represented by the City Council acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES. All revenue received directly by the grantee, for services rendered within the city.
INSTALLATION. The connection of the system from feeder cable to subscribers’ terminals.
LEASED ACCESS CHANNEL or COMMERCIAL LEASED CHANNEL. Any channel designated or dedicated for use by persons unaffiliated with the grantee in accordance with the Cable Act.
MONITORING. Observing a communications signal, or the absence of a signal, where the observer is not a party to the communications, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
PERSON. An individual, partnership, association, organization, corporation or any lawful successor, or transferee of said individual, partnership, association, organization or corporation.
PLANT MILE. A linear mile of strand bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.
PROGRAMMER. Any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded traces or other storage media, to users or subscribers by means of the cable communications system.
PUBLIC ACCESS CHANNEL or COMMUNITY ACCESS CHANNEL. Any channel designated or dedicated for use by the general public or noncommercial organizations which is made available for use without charge on a first come, first served, nondiscriminatory basis.
PUBLIC PROPERTY. Any real property owned by the city, other than a street.
PUBLIC WAY or PUBLIC RIGHT-OF-WAY. The surface, the air space above the surface, and the area below the surface of any public street, highway, lane path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other public right-of-way hereafter held by the city, which shall entitle the city and the grantee to the use thereof for the purpose of installing and maintaining a cable television system. No reference herein, or in any franchise, to the “public way” shall be deemed to be a representation or guarantee by the city that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the city as the city may have the undisputed right and power to give.
REASONABLE NOTICE. Written notice addressed to either city or grantee at its respective principal office within the city or such other office as the party has designated to the other as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said seven days, holidays recognized by the city shall be excluded.
RESIDENT. Any person residing in the city, as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER. A subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
SALE. Any sale, exchange, barter or offer for sale.
SCHOOL. Any public educational institution, including primary and secondary schools colleges and universities.
SERVICE AREA. The entire geographic area within the franchise territory.
STATE. The State of North Carolina.
STREET. Shall include each of the following, which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the city limits; streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions thereto, together with such other public property and area that the city shall permit to be included within the definition of street from time to time.
SUBSCRIBER. Any person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection with a cable communications system.
SYSTEM FACILITIES. The cable communications system constructed for use within the city, without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems, equipment or facilities located within the corporate limits of the city, designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio and visual radio, television and electronic signals to and from subscribers in the city, and any other equipment or facilities located within the corporate limits of the city intended for the use of the system; provided, however, such system facilities exclude buildings, contracts, facilities and equipment where primary use is for providing service to other system facilities located outside the city limits.
TRANSFER. The disposal by the grantee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, except publicly traded issue, not in control of the grantee, of 5% or more at one time of the ownership or controlling interest in the system, or 20% cumulatively over the term of the franchise of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert. Affiliate transfers accepted.
TRUNK LINE. The major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.
USER. A person or organization utilizing channel or equipment and facilities for the purpose of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(Ord. passed 2-16-93)