As used in this chapter:
(a) "Assignment of a franchise" or "transfer of a franchise" means:
(1) The transfer of ten percent of the voting rights of a corporate franchisee;
(2) The transfer of ten percent of the voting rights of a corporate franchisee general partner;
(3) A change in the general partners of a franchise;
(4) A sale of ten percent of a cable television system (based on the system's net worth) from one person to another; or
(5) A sale or transfer of a majority of a cable system's property or assets from one person or franchisee to another person.
(b) "Cable operator," tough not necessarily a franchisee, means any person or group of persons who or which:
(1) Provides cable television service over a cable system and directly or through one or more affiliates owns a significant interest of at least ten percent in such cable system; or
(2) Otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(c) "Cable service" means:
(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; or
(3) Two-way addressable cable.
(d) "Cable system" or cable television 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, voice or data programming, and which is provided to multiple subscribers within the City. However, such term does not include the following:
(1) A facility that serves only to retransmit the television signals of one or more 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 uses a public right of way;
(3) 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, except that such facility shall be considered a cable system (other than for purposes of Section 621 (c) of the CCPA, codified as 47 USC 541) to the extent that such facility is used in the transmission of video, voice or data programming or service directly to subscribers; or
(4) Any facility of any electric utility used solely for operating such electric utility.
(e) "CCPA" means the Cable Communications Policy Act of 1984.
(f) "City" means the City of Geneva, Ohio, a municipal corporation in and of the State of Ohio, in its present incorporated form, or in any later reorganized, consolidated, enlarge or reincorporated form, and its duly authorized officials acting on its behalf.
(g) "City Manager" means the existing or succeeding chief administrative officer of the City or his or her designate.
(h) "Council" means the present governing body of the City or any successor to the legislative powers of the present Council.
(i) "Franchise" means the initial authorization, or a subsequent renewal granted under either a franchise or an ordinance, to construct, operate and maintain a cable television system in all or part of the City.
(j) "Franchise expiration" means the date of expiration or the end of the term of a franchise, as provided under the franchise.
(k) "Franchisee" means a person who is awarded a franchise by Council to construct, operate and maintain a cable television system in all or part of the City. A franchisee is by nature and definition a cable operator.
(l) "Other programming service" means information that a cable operator or franchisee makes available to all subscribers generally.
(m) "Person" means any individual, corporation, business trust, estate, trust, partnership, association of two or more persons having a joint common interest, governmental agency or other legal entity.
(n) "Proposed abandonment of cable service," or "proposed withdrawal of cable service" or "proposed cessation of cable service" means the anticipated, contemplated, imminent or expected (either voluntary or involuntary) disruption, discontinuance, desertion or removal of a cable operator's or cable franchisee's operation and provision of cable services from all or part of the City for a projected period exceeding three months in duration.
(o) "Revocation," "termination" or "nonrenewal" means an official act of the City whereby Council removes, repeals or rescinds a previously approved authorization of any cable franchisee to conduct the operation of a cable television system within the City.
(p) "Subscriber" means a person receiving service delivered over a cable television system.
(q) "USC" mans United States Code.
(r) "Video programing" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Ord. 2156. Passed 8-27-87.)