(A) When not inconsistent with the context, words in the singular number include the plural number. The word SHALL is always mandatory and not merely directory. The word MAY is directory and discretionary and not mandatory.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC CABLE SERVICE. Any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational and governmental access programming required by the franchise to be carried on the basic tier. BASIC CABLE SERVICE as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7).
CABLE PROGRAMMING SERVICE.
(a) Any video programming provided over a cable system, regardless of service tier, other than:
1. Video programming carried on the basic service tier;
2. Video programming offered on a pay-per-channel or pay-per-program basis; or
3. A combination of multiple channels of pay-per-channel or pay-per-program video programming offered on a multiplexed or time-shifted basis, so long as the combined service:
a. Consists of commonly identified video programming; and
b. Is not bundled with any regulated tier of service.
(b) CABLE PROGRAMMING SERVICE, as defined herein, shall not be inconsistent with the definition as set forth in 47 U.S.C. § 543(l)(2) and 47 C.F.R. § 76.901(b) (1993).
CABLE SERVICE. The one-way transmission to subscribers of video programming, or other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CABLE SYSTEM or SYSTEM. Has the meaning ascribed to it in federal law.
COUNCIL. The Fort Pierre, South Dakota, City Council.
FRANCHISE. An initial authorization, or renewal thereof, issued by a 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 or other MVPD facility.
FRANCHISE AREA. The area within the legal boundaries of the grantor.
GRANTEE. The person which is granted a franchise in the city pursuant to this chapter, its agents and employees, lawful successors, transferees or assignees.
GRANTOR. The City of Fort Pierre.
GROSS REVENUE. Consists of those revenues derived from the monthly service charges paid by subscribers residing within the corporate limits of the city for basic cable service and premium pay services, such as HBO and the Movie Channel. GROSS SUBSCRIBER REVENUES shall include the franchise fees in the calculation and not include revenues received as installation charges, fees for reconnections, inspections, repairs or modifications of any installation and all state and federal taxes relating thereto.
MULTICHANNEL VIDEO PROGRAM DISTRIBUTOR or MVPD. A person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, an OVS provider or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming.
OPEN VIDEO SERVICES or OVS. Any video programming services provided to any person by a franchisee certified by the FCC to operate an open video system pursuant to 47 U.S.C. § 573, as may be amended, regardless of the facilities used.
PAY TELEVISION. The delivery over the system of pay-per-channel or pay-per-program audio-visual signals to subscribers for a fee or charge, in addition to the charge for basic cable service or cable programming services.
PERSON. Any person, firm, partnership, association, corporation, company or other legal entity.
STANDARD INSTALLATION. Any residential installation which can be completed using a drop of 150 feet or less.
STREET. The surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway or drive, or any easement or right-of-way now or hereafter held by grantor.
SUBSCRIBER. Any person who lawfully receives cable service.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to, programming provided by a television broadcast station.
(Prior Code, § J-1-1) (Ord. 991, passed - -)