For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "Affiliate" means any person that directly or indirectly owns or controls the provider, any person that a provider directly or indirectly owns or controls, or any person under common ownership or control with a provider.
(b) "Cable operator" means any person or group of persons who has executed a franchise agreement and:
(1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(c) "Cable service" means:
(1) The one-way transmission to subscribers of:
A. Video programming; or
B. Other programming service; and
(2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
(d) "Cable system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way; (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of 42 U.S.C. § 541(c)) to the extent such facility 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; (iv) an open video system that complies with 42 U.S.C. § 573; (v) any facilities of any electric utility used solely for operating its electric utility system; or (vi) the facilities of a competitive video service provider under this Chapter 711.
(e) "City" means the City of Elyria, Ohio.
(f) "Competitive video service" means video program provided by a competitive video service provider and provided through wireline facilities located at least in part in the public rights-of-way without regard to delivering technology, including internet protocol technology. This definition does not include video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d).
(g) "Competitive video service agreement" means the agreement executed by the City and a competitive video service provider pursuant to this chapter.
(h) "Competitive video service provider" means an entity providing video services that has not executed a franchise agreement with the City as of the effective date of this chapter and is not a cable operator, or an affiliate, successor, or assignee of such cable operator.
(i) "Council" means the elected City Council for the City of Elyria.
(j) "Franchise" means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 U.S.C. § 546), issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system by a cable operator in the City.
(k) "Franchise agreement" means the agreement executed by the franchising authority and a cable operator pursuant to this chapter.
(l) "Franchising authority" means the City of Elyria, Ohio.
(m) "Gross revenues" means all consideration of any kind or nature, including without limitation, cash, credits, property, and in-kind contributions (services or goods) received by the provider from the provision of service within the franchise area.
(1) Included items: Subject to division (m)(2), the term "gross revenues" shall include the following:
A. All charges and fees paid by subscribers for the provision of service, including fees attributable to service when sold individually or as part of a package or bundle, or functionally integrated, with services other than the service;
B. All revenue derived from the provider's service pursuant to compensation arrangements for advertising attributable to the local service area; and
(2) For the purposes of this section, the term "gross revenues" shall not include the following:
A. Any revenue not actually received, even if billed, such as bad debt net of any recoveries of bad debt;
B. Refunds, rebates, credits or discounts to subscribers or a municipality to the extent not already offset by division (d)(i) and to the extend such refund, rebate, credit, or discount is attributable to the service;
C. Any revenues received by the provider or its affiliates from the provision of services or capabilities other than the service, including telecommunications services, information services, and services, capabilities, and applications that may be sold as part of a package or bundle, or functionally integrated, with the service;
D. Any revenues received by the provider or its affiliates for the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing;
E. Any requirements or charges for managing the public rights-of-way with respect to a franchise or competitive video agreement under this section, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages;
F. Any amounts attributable to the provision of service to customers at no charge, including the provision or such service to the public institutions without charge;
G. Any tax, fee, or assessment of general applicability imposed on the customer or the transaction by a Federal, State, or local government or any other governmental entity, collected by the provider, and required to be remitted to the taxing entity, including sales and use taxes and utility user taxes;
H. Any forgone revenue from the provision of service at no charge to any person, except that any forgone revenue exchanged for trades, barters, services, or other items of value shall be included in gross revenue;
I. Sales of capital assets or surplus equipment;
J. Reimbursement by programmers of marketing costs actually incurred by the provider operator for the introduction of new programming; and
K. The sale of services for resale to the extent the purchaser certifies in writing that it will resell the service and pay a provider fee with respect hereto.
(n) "Person" means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.
(o) "Provider" means either a cable operator or a competitive video service provider.
(p) "Service" means either a cable service or competitive video service.
(Ord. 2007-50. Passed 5-7-07.)