For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDITIONAL INSUREDS. Has the same meaning as “indemnitees” in § 806.07(b).
AFFILIATE (AND ITS VARIANTS). Any entity controlling, controlled by or under common control with the entity in question.
AUTHORIZED AREA. The entire area from time to time within the corporate limits of , excluding, however, all areas that are within such limits solely due to agreements executed under the authority of Public Act 425 of 1984, being M.C.L.A. §§ 124.21 et seq., unless such agreements expressly reference , or the .
CABLE GROSS REVENUES or GROSS REVENUES.
(1) All of the amounts earned or accrued by
, or an entity in any way affiliated with the company, in whatever form and from all sources derived from the operation of the
within the
or company’s provision of
within the authorized area; provided, however, that revenue derived from the provision of
shall be included in cable gross revenues only to the extent that such services continue to be considered cable services under governing federal law.
(2) CABLE GROSS REVENUES shall include without limitation all subscriber and customer revenues earned or accrued, including revenues for basic ; additional tiers; premium services; pay per view; program guides; installation, disconnection or service call fees; fees for the provision, sale, rental, or lease of converters, remote controls, additional outlets and other customer premises equipment; paid by subscribers; and revenues and compensation from home shopping programming.
(3) Advertising revenues and other revenues whose source cannot be identified with a specific subscriber shall be allocated to
based upon the percentage of subscribers residing in municipality compared to that served from the head-end serving municipality.
(4) CABLE GROSS REVENUES shall exclude:
A. Uncollected accounts during the period, computed on a fair basis consistently applied;
B. Revenues derived from services delivered to
, if any;
C. Taxes collected for direct pass-through on behalf of a government agency; and
D. Revenue received from an
to lease portions of the
where that affiliate is separately authorized to occupy the right-of-way.
CABLE MODEM SERVICE. Services such as the RoadRunner TM or @Home TM services which are provided over a through means of a modem which converts the service from the electronic format necessary to transmit the service through the cable system wires into an electronic format that can be transmitted to a customer’s computer.
CABLE SERVICES.
(1) The one-way transmission to subscribers of video programming or other programming services; and
(2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service (where “video programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station).
CABLE SYSTEM or SYSTEM. A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide which is provided to multiple subscribers within the , but such term does not include:
(1) A facility that serves only to re-transmit the television signals of one or more television broadcast stations;
(2) A facility that serves subscribers without using 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, being 47 U.S.C. §§ 201 et seq., as amended, except that such a facility shall be considered a cable system (other than for purposes of § 621(c) of such Act, being 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(4) An open video system that complies with § 653 of Title VI of the Communications Act of 1934, being 47 U.S.C. § 573, as amended; or
(5) Any facilities of any electric utility used solely for operating its electric utility system.
CABLE TELEVISION BUSINESS. The provision by the of solely by means of the .
COMPANY. Have the meaning set forth in § 806.01.
DROP. The cable or wire that connects the distribution portion of a to a customer’s premises.
EFFECTIVE DATE. Has the meaning set forth in § 806.15.
EVENT OF DEFAULT. Has the meaning defined in § 806.12.
FCC. The Federal Communications Commission.
FLINT METROPOLITAN AREA. The City of Burton, Grand Blanc Charter Township, the City of Mount Morris, the City of Grand Blanc, the City of Flushing, Flint Charter Township, Mount Morris Township, Genesee Charter Township, the City of Clio, Vienna Charter Township, Flushing Township, the City of Swartz Creek, Mundy Township, the Village of Holly, Holly Township, the City of Flint, Rose Township, Richfield Township and Gaines Township.
FRANCHISE or FRANCHISE AGREEMENT. Means this document.
FRANCHISE FEE. The fee set forth in § 806.08.
MUNICIPALITY. Has the meaning set forth in § 806.01.
NORMAL BUSINESS HOURS. Has the meaning set forth in § 806.05.
PEG CHANNEL OPERATOR. A person authorized by to administer and operate a PEG channel and shall include municipality. If several persons share the administration and operation of a PEG channel each person shall be a separate PEG channel operator.
PEG CHANNELS. Has the meaning set forth in § 806.06.
PUBLIC WAYS. All dedicated public rights-of-way, streets, highways, and alleys. PUBLIC WAYS shall not include property of which is not a dedicated public right-of-way, street, highway, or alley.
SYSTEM. Has the same meaning as CABLE SYSTEM.
TELECOMMUNICATIONS SERVICE. The offering of telecommunications directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received. TELECOMMUNICATIONS SERVICES shall not include .
UNCURED EVENT OF DEFAULT. Has the meaning defined in § 806.12.
(Ord. passed 9-5-2001)