For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
BASIC CABLE. The lowest priced tier of service that includes the retransmission of local broadcast television signals.
CABLE ACT. Collectively means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, as amended.
CABLE SERVICES.
(1) The one-way transmission of subscribers of:
(a) Video programming; or
(b) Other programming service.
(2) Subscriber interaction, if any, which is required for the selection or use of the video programming or other programming service.
CABLE SYSTEM.
(1) A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable services which includes video programming and which is provided to multiple subscribers within a community.
(2) The term does not include:
(a) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(b) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless the facility or facilities uses any public way;
(c) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Act, except that the facility shall be considered a
CABLE SYSTEM (other than for purposes of § 621(c)) to the extent that the facility is used in transmission of video programming directly to subscribers; or
(d) Any facilities of any electric utility used solely for operating its electric utility system.
FCC. The Federal Communications Commission, or successor governmental entity thereto.
FRANCHISE. The person providing notice to the franchising authority pursuant to § 110.116 of its intent to accept the franchise granted herein and to comply with the terms and provisions of this chapter, or the lawful successor, transferee or assignee thereof.
FRANCHISING AUTHORITY. The Board of Commissioners of the county.
PERSON. An individual, partnership, association, joint stock company, trust, corporation, limited liability company, governmental unit or other entity.
PUBLIC WAY. The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchising authority in the service area which shall entitle the franchising authority and the franchisee to the use thereof for the purpose of installing, operating repairing and maintaining the cable system. PUBLIC WAY shall also mean any easement now or hereafter held by the franchising authority within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the franchising authority and the franchisee to the use thereof for the purposes of installing and operating the franchisee’s cable system over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to the cable system.
SERVICE AREA. The present municipal boundaries of the franchising authority, but excluding incorporated areas, and shall include any additions thereto by annexation or other legal means.
SUBSCRIBER. A person who lawfully receives services of the cable system with the franchisee’s express permission.
(Prior Code, § 36-2-2-23) (Ord. 04-61, passed 2-2-2004, 2004 COM REC 61–71)