The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accesschannel means any channel dedicated for use by a governmental institution, educational institution or the public.
Access channel, educational, means any channel or portion of a channel in which educational institutions are the only designated programmers.
Access channel, government, means any channel or portion of a channel to which governmental agencies are the only designated programmers.
Access channel, leased, means any channel or portion of a channel made available for a fee by an operator for programming by persons other than the franchisee.
Access channel, public, means any channel or portion of a channel utilized for programming on a nonprofit basis with no commercial purpose that is available to the general public.
Activated or ability to activate means a function, service, channel or piece of equipment that is in working order and may be operated or received by a franchisee, subscriber, programmer, operator or user.
Basic service means any service tier which includes the retransmission of local television broadcast signals.
Broadcast means the over-the-air transmission of an electromagnetic audio or video signal.
Cable means either coaxial cable or fiber optic cable.
Cable, A trunk means a downstream distribution system which supplies cable communications signals to the feeder line.
Cable channel or channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the FCC by regulation).
Cable communications service or cable service means the one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
Cable communications system or 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 a facility that serves only to retransmit the television signals of one or more television broadcast stations; a facility that serves subscribers without using any public right-of-way; 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, as amended, except that such facility shall be considered a cable system (other than for purposes of Section 621(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; an open video system that complies with Section 653 of the Communications Act of 1934, as amended; or any facilities of any electric utility used solely for operating its electric utility systems.
Cablecast means transmission of programming and signals over a cable communications system.
Cablecasting Board means the agency of the City of Birmingham, Village of Beverly Hills, Village of Franklin and Village of Bingham Farms whose duties may include the monitoring and reporting of and on the cable communications system.
Capability means a function, service, channel or piece of equipment that has the potential to be operated or received at some time in the future by a subscriber, programmer, franchisee, user or operator.
Coaxial cable means copper or aluminum wire used to transmit cable communications signals through the cable system.
Community service agencies means the Birmingham-Bloomfield Art Association, Common Ground, the Birmingham Community House and the Birmingham Center for Continuing Education.
Complete wiring means the time when cable and related equipment, facilities, and appurtenances are installed throughout the Village so that service may be provided to any person that may choose to become a subscriber.
Completion of construction means the time when all services offered in the application and franchise agreement shall be accomplished, including, but not limited to, stringing of cable throughout the community so that any subscriber may immediately receive cable communications signal upon installation, construction of all access facilities and required networks and are fully operational.
Converter or set top convertor means an electronic device which converts signals to a frequency for use by the television receiver of the subscriber, and by an appropriate channel selector which also permits a subscriber to view all signals including the cable service delivered at designated cable channel locations.
Downstream means cable communications signals that travel on a cable from the headend equipment or other location to the individual subscribers.
Drop means a line or cable linking the feeder line to an individual subscriber.
Effective date of the franchise means the date on which the parties have signed the franchise agreement or as otherwise specified in the franchise agreement.
FCC means the Federal Communications Commission.
Feeder line means the line or cable linking a main cable trunk line to a drop serving an individual subscriber.
Fiber optic cable means high capacity cable made of glass or plastic threads through which information is transmitted as pulsating light.
Franchise means the authorization granted by the Village to construct, operate, maintain, rebuild, and/or retrofit a cable communications system in the Village.
Gross revenues means all revenue derived directly or indirectly by the franchisee, its affiliates, subsidiaries, parent companies and/or any person in which the franchisee has a financial interest, from or in connection with the operation of a cable communications franchise authorized by the Village. Gross revenues shall include, but not be limited to, basic subscriber monthly fees, pay cable fees, installation and reconnection fees, converter fees and leased access fees. Gross revenues shall not include advertising revenues, home shopping revenue and any taxes on services furnished by the franchisee and imposed directly upon any subscriber or user, by the State, Village or other governmental unit and collected by the franchisee on behalf of such governmental unit.
Headend means the electronic control center of the cable communications system where, among other things, incoming cable communications signals are amplified, filtered and converted before being delivered to the subscriber home.
Initial groundbreaking means the first step in construction: either stringing of cable or installation of a pole.
Institutional subscriber means any public agency or institution, educational institution, community service agency or school receiving institutional services on the institutional subscriber network.
Institutional subscriber network means a cable communications network designed principally for the provision of nonentertainment interactive services to schools or public agencies for use in connection with the ongoing operations of such institutions.
Interactive services means services provided to subscribers by which the subscriber either receives information consisting of television or other signals and transmits signals generated by the subscriber or equipment under its control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; or transmits signals to any other location for any purpose.
Interconnection means the linking of separate cable communications systems by microwave, cable or other means.
Local origination channel means any channel or portion of a channel on which the franchisee is either the only designated programmer or has received programming from a third party, and which is utilized to provide television programs to subscribers.
Microwave means a high-frequency transmission facility used to relay messages, including cable communications signals from point to point, by common carrier.
Monitoring means observing a communications signal or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means. Monitoring shall not include a systematic, nonindividually addressed sweep of the system for the purpose of verifying system integrity, controlling return pass transmissions, or billing for cable services.
Operator means the franchisee.
Parent corporation or parent company means any corporation of which the franchisee is a subsidiary.
Pay channel or premium channel means a channel in which television channels are delivered to subscribers for a special fee or charge to subscribers over and above the regular charges for basic subscriber services, on a per program, per channel, or other subscription basis.
Pay television means the delivery over the cable communications system of video and audio signals in intelligible form to subscribers for a fee or charge over and above the charge for basic or full services, on a per program, per channel, or other subscription basis.
Person means an individual, firm, organization, partnership, association, corporation, legal representative, or other entity.
Pole agreements means the authorization from utility companies to the franchisee for use of or space in their easements, equipment, poles or other facilities for installation of equipment related to the cable communications system.
Programmer means any person who produces or otherwise lawfully provides program material or information for transmission by means of the cable communications system.
Proposal means an application filed with the Village Administrator either in response to the Village's request for proposal, or any additions or amendments thereto, or submitted without such request.
Records means any writing or other memorialization containing information relating to the system, regardless of form or characteristics.
Related persons means any agent or employee of an applicant or its parent corporation; any person to whom an applicant or its parent corporation has paid or has promised to pay any money or compensation of any kind whatsoever for that person's services in promoting the applicant's proposal for the cable communications franchise before the Village, its employees, agents, servants and/or elected or appointed officials or any community service agencies or newspaper reporters in the Detroit Dominant Market Area; officers and directors of any applicant or its parent corporation; persons owning one percent or more of any class of outstanding stock or securities convertible into stock of an applicant or its parent corporation; partners of an applicant; and the spouse, parent, child or sibling of any such person described in the foregoing definitions.
Residential services means services delivered on the residential subscriber network.
School district means the school district of the Village.
Service means all services delivered on the institutional or residential subscriber network.
Standard service drop means the installation of the feeder cable to individual subscribers.
Strand mapping means the designation on maps of where cables will be placed.
Street means the surface of and the space above and below a public street, road, highway, freeway, path, public place, sidewalk, alley, boulevard, parkway, drive or other easement held by the Village and shall include other easements or rights-of-way which shall be held by the Village and which shall, within their proper use, allow the Village and a franchisee to the use thereof for the purposes of installing or transmitting cable communications system transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily pertinent to a cable communications system.
Subscriber means a recipient of services which are delivered over the cable communications system.
Tamper or tapping means observing a communication signal exchange when the observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means, but shall not include monitoring.
Television broadcast signals means signals receivable in the Detroit Dominant Market Area, including, but not limited to, those on channels 2, 4, 7, 9, 20, 38, 50, 56, 62.
Upstream means cable communications signals traveling from subscribers to the headend.
User means a person utilizing a cable communications system channel for purposes of production and transmission of materials to subscribers.
Village means the Village of Franklin.
(Ord. 2000-59. Passed 7-10-00.)