For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
CABLE ACT. The Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. §§ 521-611 (1982 & Supp. V 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385 and as may, from time to time, be amended.
CABLE TELEVISION SYSTEM, SYSTEM or CABLE 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 such term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such 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 provisions of 47 U.S.C. §§ 201-226, except that such facility shall be considered a cable system to the extent such facility whether on a common carrier basis or otherwise 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 system.
CABLE SERVICE.
(1) The one-way transmission to subscribers of video programming or other programming service; and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CHANNEL or CABLE CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission.
COUNCIL. The City Council of the City of Fort Wayne.
FRANCHISE. An initial authorization, or renewal thereof, issued by the city, 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.
FRANCHISE AGREEMENT. A franchise granted pursuant to this chapter, containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters.
FRANCHISE FEE. Any tax, fee or assessment of any kind imposed by the city or other governmental entity on a grantee or cable subscriber, or both, solely because of their status as such. The term FRANCHISE FEE does not include:
(1) Any taxi fee, or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable subscribers);
(2) Capital costs which are required by the franchise agreement to be incurred by the cable operator for public, educational or governmental access facilities;
(3) Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or
(4) Any fee imposed under Title 17 of the United States Code.
GRANTEE. any person receiving a franchise pursuant to this chapter and its agents, employees, officers, designees or any lawful successor, transferee or assignee.
GRANTOR or CITY. The City of Fort Wayne, as represented by the Council or any delegate acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES. All revenues derived directly or indirectly by the grantee or any person in which the grantee has a financial interest from or in connection with the operation of the system pursuant to a franchise granted hereunder, except it shall not include bad debt, sales tax or other taxes or charges imposed on grantee in addition to its franchise obligations and collected for direct pass-through to state or federal government.
INITIAL SERVICE AREA. The area of the city which will receive cable service initially, as set forth in any franchise agreement.
INSTALLATION. The connection of the system to subscribers' terminals, and the provision of cable service.
NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the community are open to serve customers. In all cases, NORMAL BUSINESS HOURS must include some evening hours at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS. Those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions, and significant legislative or regulatory requirements. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, regular peak or seasonal demand periods, and maintenance or upgrade of the system.
PERSON. Any natural person or any association, firm, individual, partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit.
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES or PEG ACCESS FACILITIES.
(1) Channel capacity designated for public, educational or governmental use; and
(2) Facilities and equipment for the use of such channel capacity.
SECTION. any section, subsection or provision of this chapter.
SERVICE AREA or FRANCHISE AREA. The entire geographic area within the city as it is now constituted or may in the future be constituted, unless otherwise specified in the franchise agreement.
SERVICE INTERRUPTION. The loss of picture or sound on one or more cable channels affecting at least 10% of the subscribers on the system.
STREET. Each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas that the grantor shall permit to be included within the definition of STREET from time to time.
SUBSCRIBER. Any person who or which lawfully elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection with the cable system and who pays the charges therefore, except such persons or entities authorized to receive a service without charge as described in the franchise agreement.
(Ord. G-15-95, passed 6-13-95)