For the purpose of this chapter, the following words and their derivations have the meanings defined below. Words not defined are given their meaning in § 602 of the Cable Act, 47 U.S.C. § 522, as it may be amended from time to time, and, if none, their common and ordinary meaning. When not inconsistent with the context, 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. The words "must" or "shall" are mandatory and the word "may" is permissive.
ACCESS CHANNEL. Any channel set aside for public use, educational use or governmental use without a charge by the franchisee for channel usage.
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APPLICATION. A proposal to construct and operate a cable system within the city, transfer a franchise, renew a franchise or modify a franchise. An APPLICATION includes the initial proposal plus all subsequent amendments or supplements to the proposal and relevant correspondence.
BASIC SERVICE. Any cable service tier which includes the retransmission of local television broadcast signals.
CABLE ACT. The Cable Communications Policy Act of 1984, U.S.C. §§ 521 et seq., as it may be amended from time to time.
CABLE SERVICE. The one-way transmission of video programming or other programming service to subscribers and subscriber interaction, if any, which is required for the selection of the video or other programming service.
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 the 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 the facility or facilities uses any 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, as amended, except that the facility shall be considered a cable system (other than for purposes of 47 U.S.C. § 541(c)) to the extent the facility 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 systems.
CONTROL OF A FRANCHISE OR APPLICANT. The legal or practical ability to direct the affairs of the franchisee or applicant either directly or indirectly, whether by contractual agreement or majority ownership of an economic interest.
CITY. Glasgow, Kentucky, in its present incorporated form or in any form which may subsequently be adopted.
COUNCIL. The City Council that is the legislative body of the city.
EFFECTIVE COMPETITION. In accordance with § 623(1) of the Communications Act of 1934, as amended.
FCC. The Federal Communications Commission.
FRANCHISE. The right (initial or renewal) granted by the city to a franchisee to construct, maintain and operate a cable system over, on, or under streets, roads and all other public ways, easements and rights-of-way within all or specified areas of the city. The term does not include any license or permit that may be required by other laws, ordinances or regulations of the city for the privilege of transacting and carrying on a business within the city or for disturbing the surface of any street or public thoroughfare.
FRANCHISE AGREEMENT. A contract entered into in accordance with the provisions of this chapter between the city and a franchisee that sets forth the terms and conditions under which the franchise will be exercised.
FRANCHISEE. Any person granted a franchise pursuant to this chapter. To the extent any municipally-owned or affiliated entity operates a cable system within the city, the entity shall be considered to be a franchisee for purposes of this chapter, even if the entity is not required to obtain a franchise to operate.
GROSS REVENUES. All revenues derived by a franchisee from the operation of its cable system for the provision of cable services within the city, including, but not limited to revenues derived from cable service, home shopping channels, rental or lease of equipment, installation fees or ancillary services; provided, however, that, the following shall be excluded: taxes, fees or other assessments collected for governmental authorities or as a result of the imposition of governmental charges, bad debt expense and subscriber deposits.
MAYOR. The chief elective officer of the city or its designee.
PERSON. Any individual, corporation, partnership, association, joint venture or organization of any kind, including the city, and the lawful trustee, successor, assignee, transferee or personal representative thereof.
SUBSCRIBER. Any person who legally receives any one or more of the cable services provided by a cable system.
SYSTEM MALFUNCTION. An equipment or facility failure that results in the loss of satisfactory service on one or more channels. A malfunction is major if it affects 20 or more subscribers.
TRANSFER OF A FRANCHISE. Any transaction in which an ownership or other interest in a franchisee is transferred from one person or group of persons to another person or group of persons so that control of the franchisee is transferred, or the rights held by the franchisee under a franchise agreement are assigned to another person or group of persons. The designation of the franchise or cable system as security for debt shall not be considered a transfer of a franchise; provided that, any lienholder does not have the power to exercise voting or management control over the franchisee. A TRANSFER shall be considered pro forma if it does not involve a substantial change in ownership or control consistent with the interpretation given that term by the FCC relevant for radio license transfers and assignments.
(1989 Code, § 115.03) (Ord. 1988, passed 11-9-1992)