For the purpose of this chapter, the following terms, phrases, words and abbreviations shall have the meanings ascribed to them below. 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:
AFFILIATE: An entity which owns or controls, is owned or controlled by, or is under common ownership with grantee.
BASIC CABLE: The tier of service regularly provided to all subscribers that includes the retransmission of local broadcast television signals.
CABLE ACT: The cable communications policy act of 1984, as amended.
CABLE SERVICE: A. The one-way transmission to subscribers of video programming or other programming service; and
B. Subscriber interaction, if any, which is required for the selection of such video programming or any other lawful communication service.
CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment or other communications equipment that is designed to provide cable service and other service to subscribers.
FCC: The federal communications commission, or successor governmental entity thereto.
FRANCHISE: The initial authorization, or renewal thereof, issued by the franchising authority, whether or not such authorization is designated as a franchise, permit, license, ordinance, contract, certificate or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service or other service to subscribers.
FRANCHISE AUTHORITY: The city of Elko, Nevada, or the lawful successor, transferee or assignee thereof.
GRANTEE: TCI Cablevision of Nevada, Inc., or the lawful successor, transferee or assignee thereof.
GROSS REVENUES: The monthly cable service revenues received by grantee from subscribers of the cable system; provided, however, that such phrase shall not include:
A. Revenues received from any national advertising carried on the cable system;
B. Any taxes on cable service which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency, and which are collected by the grantee on behalf of such governmental unit or agency.
PERSON: An individual, partnership, association, joint stock company, trust corporation or governmental entity.
PUBLIC WAY: The surface of, and the space above and below, any public street, highway, freeway, bridge, land, path, alley, court, boulevard, sidewalks, parkway, way, lane, public way, 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 franchise authority in the service area which shall entitle the franchise authority and the grantee 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 franchise 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 franchise authority and the grantee to the use thereof for the purposes of installing or transmitting grantee's cable service or other service 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, and shall include any additions thereto by annexation or other legal means.
SERVICE TIER: A category of cable service or other services, provided by grantee and for which a separate charge is made by grantee.
SUBSCRIBER: A person or user of the cable system who lawfully receives cable services or other service therefrom with grantee's express permission.
VIDEO PROGRAMMING: Programming provided by or generally considered comparable to programming provided by a television broadcast station. (Ord. 425, 7-28-1992)