For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICABLE LAWS. Any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgement, decree or other order issued, executed or entered by any governmental authority.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals. BASIC CABLE SERVICE, as defined herein, shall be consistent with 47 U.S.C. § 543(b)(7).
CABLE ACT. The Cable Communications Policy Act of 3984, Pub. Law No. 98-549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. §§ 521 through 611 (1982 and Supp. V 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. Law No. 102-385 and the Telecommunications Act of 1996, Pub. Law No. 104-458 and as the same may, from time to time, be amended.
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 or use of the video programming or other programming service.
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 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 subscribers without using any public rights-of-way;
(3) A facility of a common earner which is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201 through 226, except that the facility shall be considered a cable system (other than for purposes of 47 U.S.C. § 954) to the extent the facility is used in the transmission of video programming directly to subscribers; unless the extent of the use is solely to provide interactive on-demand services;
(4) An open video system that complies with § 653 of Title VI of the Cable Act; or
(5) Any facilities of any electric utility used solely for operating its electric utility system.
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 Goodview, Minnesota.
FRANCHISE. An initial authorization, or renewal thereof, issued by the city, whether the 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 any other governmental authority on a grantee or cable subscriber, or both, solely because of their status as such. The term FRANCHISE FEE does not include:
(1) Any tax, fee or assessment or general applicability (including any 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 grantee for PEG 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 U.S.C. Title 17.
GOVERNMENTAL AUTHORITY. Any court or other federal, state, county, municipal or other governmental department, commission, board, agency or instrumentality.
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 Goodview, Minnesota, as represented by the Council or any delegate acting within the scope of its jurisdiction. The City Administrator shall be responsible for the continuing administration of the franchise.
GROSS REVENUES. All revenue derived by the grantee arising from or attributable to the sale or exchange of cable service by the grantee within the city from the operation of its cable system including, but not limited to, monthly fees charged to subscribers, for basic cable service; monthly fees charged to subscribers for any optional service; monthly fees charged to subscribers for any tier of service other than basic cable service; installation, disconnection and reconnection fees; leased channel fee: fees or payments received from programmers; converter rentals or sales; production equipment and personnel fees; local advertising revenues; revenues from home shopping channels. GROSS REVENUES shall be the basis for computing the franchise fees imposed pursuant hereto. There shall be no deductions from gross revenues except for uncollected amounts unless specifically authorized herein.
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 city 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. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of the system.
PERSON. Any individual or any association, firm, general partnership, limited 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 non-commercial public, educational or governmental use; and
(2) Facilities and equipment for the use of the channel capacity.
SERVICE AREA or FRANCHISE AREA. The entire incorporated 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.
STATE. The State of Minnesota.
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 other and locales 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 cable service provided by the grantee by means of or in connection with the cable system.
(Ord. 78, passed 10-13-1997)