For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ADMINISTRATOR. The Mayor or similar chief administrator of the city as may be elected or appointed.
APPLICANT. Any multi-channel video program distributor that submits an application to the city in accordance with § 114.04 of this chapter.
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 shall not be inconsistent with 47 U.S.C. § 543(b)(7).
CABLE PROGRAMMING SERVICE.
(1) Any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than:
(a) Video programming carried on the basic service tier;
(b) Video programming offered on a pay per channel or pay per program basis; or
(c) 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:
1. Consists of commonly identified video programming; and
2. Is not bundled with any regulated tier of service.
(2) CABLE PROGRAMMING SERVICE 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 SERVICE shall not include any video programming provided as part of and via a service that enables users to access content, information, e-mail, or other services offered over the public internet.
CABLE SYSTEM or SYSTEM. The meaning ascribed to it in applicable federal law.
CITY. City of Garretson, Minnehaha County, South Dakota.
COUNCIL. The Garretson City Council.
FCC. The Federal Communications Commission.
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 city.
GRANTEE. The person which is granted a franchise in the city pursuant to this chapter, its agents and employees, lawful successors, transferees or assignees.
MULTI-CHANNEL VIDEO PROGRAM DISTRIBUTOR or MVPD. A person such as, but not limited to, a cable operator, a multi-channel multi-point 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 the city.
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.
(Ord. 660, passed - -2020)