§ 1 DEFINITIONS.

   For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning 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 and words in the singular number include the plural number. The words “shall” and “will” are always mandatory, and not merely directive or indicative. The word may is permissive and indicative, and not mandatory.

§ 1.1. ANALOG. Pertaining to signals in the form of continuously-varying physical quantities.

§ 1.2. AUDIO. Relating to sound or its reproduction; used in the transmission or reception of sound.

§ 1.3. BASIC CABLE SERVICE. The minimum-level service of multiple-channel service which may include the retransmission of local television and must carry signals, including educational access channels, transmitted to subscribers connected to the cable system.

§ 1.4. BROADCAST. Over-the-air transmission by a standard FCC-authorized radio or television station to a multiplicity of receivers.

§ 1.5. CABLE.

      (1)   Used synonymously with “cable television”; and

      (2)   One or more electrical or optical conductors found within a protective sheath.

§ 1.6. CABLE ACT. The Cable Communications Policy Act of 1984 (Pub. Law No. 98-549 (47 U.S.C. §§ 521 et seq.)), as amended by the Cable Television Consumer Protection and Competition Act of 1992 (Pub. Law No. 102-385).

§ 1.7. CABLE PROGRAMMING SERVICE. The level of service as defined as cable programming service by the grantee in accordance with FCC guidelines and regulations.

§ 1.8. CABLE SERVICE. Any video or radio service provided by the cable operator using the cable system.

§ 1.9. CABLE SYSTEM or CABLE TELEVISION SYSTEM. The complete system in a physical sense; the antennas, cables, amplifiers, towers, microwave links, satellite links and any other conductors, converters, equipment or facilities and plant designed and constructed for the purpose of receiving or producing, amplifying, storing, processing and distributing audio, video, digital, analog, control or other forms of electronic or electric signals to and/or from subscribers or others as herein provided, capable of providing a wide range of broadband telecommunications services. See CABLE TELEVISION below.

§ 1.10. CABLE TELEVISION. A communications technology in which multiple television, audio, digital, control, analog and other electrical signals are transmitted through a cable system to and/or from single or multiple locations.

§ 1.11. CHANNEL. A signal path of specified bandwidth for conveying information. Usually a band of frequencies in the electromagnetic spectrum which is capable of carrying one standard NTSC audio-video-color television signal; at present, a spectrum of six mhz, usually as specified by a television channel-assignment system.

§ 1.12. CITY. The City of Eldridge, Iowa, a municipal corporation of the State of Iowa, and all of the territory within its present and future corporate boundaries.

§ 1.13. CONTROL or CONTROLLING INTEREST. The ownership or voting control of 50% or more of the issued outstanding shares of grantee or any parent of grantee; the ability to elect a majority of the board of directors of grantee or any parent of grantee.

§ 1.14. CONVERTER (FOR TV RECEIVER). An electronic device which changes cable service channels to a channel which can be received by the subscriber’s television set by use of an appropriate channel selector, which permits the subscriber to view all unmodified tv signals delivered at the designated location.

§ 1.15. DIGITAL SIGNALS. Signals and information transmitted in the form of individual electronic pulses.

§ 1.16. DROP. The line from the feeder cable to the subscriber’s television or converter.

§ 1.17. DWELLING UNIT. Any building used as a domicile or living quarters.

§ 1.18. FCC. The Federal Communications Commission.

§ 1.19. FEEDER CABLES (FEEDER LINES). The cables that take signals from the trunk to the subscriber area and to which drops are attached.

§ 1.20. FIBER OPTICS. The technology of modulating and guiding fine beams of light through hair-thin glass fibers as communications paths.

§ 1.21. FRANCHISE. The formal document which authorizes a specific grantee (cable operator) to construct, own and operate a cable system in the area defined by, and pursuant to the terms and conditions of, this chapter.

§ 1.22. FRANCHISE FEE. The fee paid by the grantee to the grantor in consideration of the use of public streets and the cost of regulation of the cable system, handling public complaints and other public matters and administration of this chapter and franchise.

§ 1.23. GRANTEE. The person or organization granted a franchise pursuant to this chapter; any successor to that entity in accordance with the provisions of this chapter.

§ 1.24. GRANTOR. The governmental entity granting a franchise pursuant to this chapter. When used in regulatory and reporting contexts, GRANTOR shall mean grantor’s executive officers.

§ 1.25. GROSS REVENUES. All revenues received by the grantee from the provision of cable service within the territorial limits of the grantor, but excluding bad debt, taxes and fees paid to any government agency.

§ 1.26. HEAD-END. The control center of a cable television system; the electronic processing center through which broadcast, cablecast, satellite and other signals are electronically translated or modified and combined for distribution throughout the entire cable system.

§ 1.27. OUTLET. A cable television connection terminal in a structure which is used for the purpose of connecting a television receiver or other subscriber terminal to the cable system.

§ 1.28. PARENT. (When used in reference to grantee) any person holding direct or indirect ownership control of grantee.

§ 1.29. PREMIUM SERVICE. Optional additional programming provided to subscribers on a per program or per channel basis, including groups of channels carrying such programming.

§ 1.30. PUBLIC ACCESS CHANNELS. Designated channel(s) allocated for free-expression, non-commercial and non-discriminatory use by any member or members of the public at no charge for channel time.

§ 1.31. PUBLIC NOTICE. An announcement to the community of some action planned by the grantor, or its designee, in respect to cable service or the franchises, may be accomplished by bulletin, newspaper, radio or tv broadcast, or other means, including announcements on the cable system, to ensure that all community members can be made aware of the event.

§ 1.32. SCRAMBLE. To make a signal unintelligible, except to authorized terminals.

§ 1.33. STREET. The surface of and the space above and below any public street, road, highway, freeway, lane, path, public way or place, alley, court, boulevard, parkway, drive or other easement now or hereafter held by grantor for the purpose of public travel, communications, alarm, street lighting, power distribution or other public use, and shall include such other easements or rights-of-way as shall be now held or hereafter held by grantor.

§ 1.34. SUBSCRIBER. Any person legally receiving within the territorial limits any of the cable services of grantee.

§ 1.35. TECHNICAL STANDARDS. Those standards specified by the FCC in accordance with the Cable Television Consumer Protection and Competition Act of 1992, being Pub. Law No. 102-385, said rules being propagated effective June 30, 1992, and complied with by December 30, 1992; and which may be subsequently amended by the rule-making authority granted to the FCC.

§ 1.36. TERRITORIAL LIMITS. The geographical limits of the City of Eldridge, Iowa.

§ 1.37. TIER (TIERED SERVICE). Different packages of programs and services on cable systems for different prices.

§ 1.38. TRANSFER. The disposal, directly or indirectly, voluntarily or involuntarily, by any method, including gift, assignment, sale, merger, consolidation, acquisition, bankruptcy, receivership or otherwise, of the ownership or control of grantee, of the system or the franchise in whole or in part.

§ 1.39. TRUNK or TRUNKLINE. The primary cable leading from the head-end of the cable distribution system to the various points where feeder lines are tapped off to distribute signals to drops.

§ 1.40. UNIT. A building occupied by one or more persons as a dwelling.

§ 1.41. VIDEO. Visual electronic information; a picture signal.

§ 1.42. Other definitions: Any term defined in FCC and/or other applicable rules and regulations or statutes as of the effective date of the franchise, but not included in the foregoing list, shall be incorporated herein by reference as if set forth in full, and shall be defined as it appears in such rules and/or regulations or statutes. If not so defined, or not defined herein, words and terms shall be given their ordinary and usual meanings as defined in standard reference works, precedent; in the event of conflict between any of the definitions herein and any definitions contained in any other ordinance, the definitions herein shall take precedent.