In this chapter, the following words and phrases have the meanings indicated in this section. Words not defined are given their meaning in section 602 of the cable act and, if none, their common and ordinary meaning.
ACCESS CHANNEL: Any channel set aside under the license agreement for educational and governmental use on a noncommercial basis, without a charge by the licensee for channel usage.
APPLICATION: A proposal to construct and operate a cable system within the city, transfer a license, renew a license, or modify a license. An application includes the initial proposal, plus all subsequent amendments or supplements to the proposal and relevant correspondence.
CABLE ACT: The cable communications policy act of 1984, 47 USC 521 et seq., as amended, including the telecommunications act of 1996 (1996 act).
CABLE SERVICE: The one-way transmission of video or other programming service to subscribers and any subscriber interaction required for the selection or use of such video programming or other programming service.
CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is to provide cable service which includes video programming and which is provided to multiple subscribers within the city. This 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 without using any public right of way;
C. A facility of a common carrier that is subject, in whole or in part, to the provisions of title II of the communications act of 1943, except that the facility will be considered a cable system to the extent that it is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on demand services;
D. An open video system that complies with section 653 of the cable act; or
E. Any facilities of any electric utility used solely for operating its electric utility systems.
CITY: The city of Eloy. Unless otherwise clear from the context where the term "city" is used in this chapter, it means the city manager. However, where legislative approval of an activity is specifically required under this chapter, "city" means the city manager subject to the approval of the city council.
CITY MANAGER: The chief executive officer of the city or designee.
CONTROL OF A LICENSEE OR APPLICANT: The legal or practical ability to direct the affairs of the licensee or applicant either directly or indirectly, whether by contractual agreement or majority ownership of an economic interest.
COUNCIL: The present governing body of the city of Eloy or any future council constituting the legislative body of the city.
FCC: The federal communications commission.
FAIR MARKET VALUE: The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time but with no value allocated to the license itself.
GROSS REVENUES: All revenues derived by a licensee from the operation of its cable system within the city for the provision of cable service, including revenues derived from home shopping channels, rental or lease of cable television equipment or installation fees and excluding fees and taxes.
INSTITUTIONAL SERVICES: Video, audio, data and other transmission services provided by a licensee to institutional users on an individual application, private channel basis, including, two-way video, audio or digital signals among institutions, or from institutions to residential subscribers.
LEASED ACCESS CHANNEL: A channel designated in accordance with section 612 of the cable act, for commercial use by persons unaffiliated with the licensee.
LICENSE: The right granted by the city to a licensee to construct, maintain and operate a cable system over, on, or under streets, roads and all other public ways, easements and rights of way within all or specified areas of the city. The term does not include any license or permit that may be required by this chapter or other laws, ordinances, or regulations of the city for the privilege of transacting and carrying on a business within the city or for disturbing the surface of any street or public thoroughfare.
LICENSE AGREEMENT: A contract entered into in accordance with the provisions of this chapter between the city and a licensee that sets forth the terms and conditions under which the license will be exercised.
LICENSEE: Any person granted a license under this chapter.
OVERBUILD: A cable system constructed to serve any subscribers served by an existing cable system.
PERSON: Any individual, corporation, partnership, association, joint venture, or organization of any kind and the lawful trustee, successor, assignee, transferee, or personal representative thereof.
SUBSCRIBER: Any person who legally receives any cable service provided by a cable system but does not include persons who receive not more than two (2) channels of noncommercial closed circuit video service, which is not made available to the general public.
SYSTEM MALFUNCTION: An equipment or facility failure that results in the loss of satisfactory service on one or more channels. A malfunction is major if it affects thirty percent (30%) or more of the subscribers.
USER: A person utilizing a cable system's facilities for purposes of transmission of material or information to subscribers or others. (Ord. 05-589, 5-23-2005)