CHAPTER 121: CABLE TV REGULATIONS

CABLE COMMUNICATIONS SYSTEM or CABLE TELEVISION SYSTEM or CABLE SYSTEM or CATV SYSTEM. A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed and used to provide cable services to subscribers within the city, but this term does not include a facility that serves only to re-transmit the television signals of one or more television broadcast stations; a facility that serves only subscribers in one or more multiple-unit dwellings, unless the facility uses any public right-of-way; a facility of a common or private 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 a facility shall be considered a Cable

Communications System to the extent the facility is used in the transmission of video programming directly to subscribers.

CABLE ORDINANCE. Chapter 121 of the City Code.

CABLE SERVICES. Shall mean the following only.

(1) The one-way transmission to all subscribers of video programming, or other programming services, such as digital cable radio service.

(2) Subscriber interaction, including but not limited to that which is used for the selection of video programming or other programming services, selecting from various on-screen options, downloading programs or data, or ordering merchandise.

(3) Where VIDEO PROGRAMMING is used, means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, including cablecasting.

CITY. Garden City in its present incorporated form or as it may be changed by annexation.

COUNCIL. The governing body of Garden City.

FRANCHISE AGREEMENT. The separate agreement with each person awarding them a franchise under this chapter.

GRANTEE. The party or parties to which by franchise agreement a franchise under this chapter is granted by the Council, and its or their lawful successors and assigns.

GROSS REVENUES. Any and all compensation, in whatever forms, exchange or otherwise, derived from the provision of all cable services in the city, which shall include all sources attributable to operations of the Grantee within the city, except that city may by franchise agreement modify the definition of gross revenues applicable to a particular Grantee.

SUBSCRIBER. A lawful recipient of cable services.

TWO-WAY COMMUNICATIONS. The transmission of telecommunications signals from subscriber locations or other points throughout the system back to the system's control center as well as transmission of signals from the control center to subscriber locations.

USER. A party utilizing a cable television system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt in a subscriber capacity.

(‘83 Code, § 123.01) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96)

§ 121.02 GRANT OF AUTHORITY.

(A) There is granted by the city to the Grantee named in a franchise agreement, the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over, and under the streets, alleys, public ways, and public places flow laid out or dedicated and all extensions thereof, and additions thereto in the city, poles, wires, cables, underground conduits, manholes, and other cable conductors and fixtures necessary for the maintenance and operation in the city of a cable communications system, to be used for the sale and distribution of cable services to the residents of and institutions in the city.

(B) The Grantee shall, at all times during the operation of its franchise, be subject to lawful exercise of the police power as may be hereafter provided by the city.

(C) The city may, in its discretion, by franchise agreement for a particular Grantee provide for special or relaxed procedures pursuant to § 121.07(A); modify the definition of gross revenues in § 121.01; modify the effective percentage rate in § 121.09 or modify pursuant to § 121.10(E) the matters set forth in § 121.10(C) and (D) (collectively "modification") upon a demonstration that there are exceptional and extraordinary circumstances which warrant modification, such as an increase in competition in cable services by increasing the number of Grantees providing the service in the city; the modification will not be detrimental to the public health, safety and welfare; and the modification will not impair the intent and purposes of this chapter and its several sections.

(‘83 Code, § 123.02) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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