For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ADDITIONAL SERVICE. Any cable service other than basic service provided over the system.
BASIC SERVICE. A separately available tier to which subscription is required for access to any other tier of service. BASIC SERVICE TIER shall, at a minimum, consist of the following: all signals carried in fulfillment of the Cable Act, §§ 614 and 615; any public, educational and governmental access programming required in this chapter or the franchise; any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of the station. Additional signals may be added to the basic tier by the grantee.
CABLE ACT. See definition of Communications Policy Act below.
CABLE SERVICE. The 1-way transmission to subscribers of video programming or other programming service, together with subscriber interaction, if any, which is required for selection or use of the video programming or other programming service.
CABLECAST SIGNAL. A nonbroadcast signal that originates within the facilities of the system.
CHANNEL. A 6 megahertz (MHz) frequency band, which is capable of carrying either 1 standard video signal, a number of audio, digital or other nonvideo signals, or some combination of the signals. One CHANNEL of high definition television may utilize more than 6 MHz.
COMMERCIAL SUBSCRIBER. A subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade or profession.
COMMUNICATIONS POLICY ACT or CABLE ACT. The Cable Communications Policy Act of 1984 and the Telecommunications Consumer Protection and Competition Act of 1992 as they may be amended or succeeded.
CONVERTER. An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set.
COUNCIL. The Town of Fletcher Town Council.
DISCRETE CHANNEL. A channel which can only be received by the person and/or institution intended to receive signals on the channel.
DOWNSTREAM SIGNAL. A signal originating from or provided by system to a subscriber terminal or other terminal including video, audio or digital signals or any other type of data or information for either programs or other uses such as security alert services, and the like.
DROP. A coaxial, fiber or other connection from feeder cable to the subscriber/user residence or place of business.
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.
FCC. The Federal Communications Commission and any legally appointed successor.
FRANCHISE. The nonexclusive rights granted pursuant to this chapter to construct, operate and maintain a system along the public rights-of-way within all or a specified area in the town. Any authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the town as required by other ordinances and laws of the town, state or federal governments.
FRANCHISE AREA. The entire town for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the FRANCHISE AREA shall be the entire town, or any territories thereafter annexed by the town.
FRANCHISE FEE. The percentage, as specified by the town, of the franchisee’s gross annual revenues from all sources payable (as permitted by the Cable Act, being 47 U.S.C. §§ 521 et seq.) in exchange for the rights granted pursuant to this chapter and the franchise agreement.
FRANCHISEE or GRANTEE. The natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s) or organization(s) of any kind which has been legally granted a franchise by the town and its lawful successor, transferee or assignee.
GRANTOR. The Town of Fletcher as represented by the Council acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES. All receipts received directly or indirectly by the grantee, from providing cable services within the town, including but not limited to basic subscriber and additional service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals and advertising revenues; provided, however, that this shall not include any taxes or copyright fees on services furnished by the grantee.
HEADEND. The electronic control center of the system including components that amplify, filter and convert incoming broadcast and other television and electronic signals for distribution over the cable system.
INSTALLATION. The connection of the system from the drop cable to subscribers’ terminals.
LOCKOUT DEVICE. A method whereby the cable operator shall, without charge, and upon request of a subscriber, fully scramble or otherwise fully block the audio and video programming of each channel carrying the programming so that one not a subscriber does not receive it.
MONITORING. Observing a communications signal, or the absence of a signal, where the observer is not a party to the communication, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
NARROWCASTING. The ability to distribute cable programming to a particular segment or segments of the cable subscribers.
PERSON. An individual, partnership, association, organization, corporation or any lawful successor or transferee of the individual, partnership, association, organization or corporation.
PLANT MILE. A linear mile of cable as measured on the street or easement from pole to pole or pedestal to pedestal.
PUBLIC WAY or PUBLIC RIGHTS-OF-WAY. The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other public RIGHT-OF-WAY, now or hereafter held by the town, which shall entitle the town and the grantee to the use thereof for the purpose of installing and maintaining the system. No reference herein, or in any franchise, to the PUBLIC WAY shall be deemed to be a representation or guarantee by the town that its title to any property is sufficient to permit its use for the purpose, and the grantee shall, by its use of the terms, be deemed to gain only the rights to use property in the town as the town may have the undisputed right and power to give or as granted by federal or state law.
REASONABLE NOTICE. Written notice addressed to the grantee at its principal office within the town or the other office as the grantee has designated to the town as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than 7 business days prior to that day in which the party giving the notice shall commence any action which requires the giving of notice. In computing the 7 days, holidays recognized by the town shall be excluded.
RESIDENT. Any person residing in the town as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER. A subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
SALE. Any sale, exchange, barter or offer for sale.
SCHOOL. Any state-accredited public or nonprofit educational institution, including primary and secondary schools, colleges and universities, both public and private.
SCRAMBLE. To rearrange the content of the signal of the programming so that programming cannot be viewed or heard in an understandable manner.
SERVICE AREA. The entire geographic area within the franchise area.
STATE. The State of North Carolina.
SYSTEM. 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 the term does not include any of the following:
(1) A facility that serves only to retransmit the television signals of 1 or more television broadcast stations;
(2) A facility that serves only subscribers in 1 or more multiple-dwelling units under common ownership, control or management, unless the facility or facilities uses any public rights-of-way;
(3) A facility of a common carrier which is subject in whole or in part to the provision of Title 11 of the Cable Act, being 47 U.S.C. §§ 521 et seq., except that the facility shall be considered a cable system to the extent that the facility is used in the transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility systems.
TOWN. The Town of Fletcher, North Carolina, a political subdivision of the State of North Carolina.
TRANSFER. The disposal by the grantee, directly or indirectly, by gift, assignment, lease, voluntary sale, assets acquisition, merger, consolidation or otherwise, of 50% or more at 1 time of the ownership of, controlling interest in or ability to control system, or 50% cumulatively over the term of the franchise of the interest to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert.
TRUNK LINE. The major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.
UPSTREAM SIGNAL. A signal originating from a subscriber terminal to another point in the system including video, audio or digital signals or any other type of data or information for either programs or other uses, such as security alert services and the like.
USER. A person or organization utilizing channel or equipment and facilities for purpose of producing and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.