A. A/B switch or
Input selector switch means any device that enables a viewer to select between a multi-channel service and off-the-air television signals. Such a device may be more sophisticated than a mere two-sided switch, may utilize other multi-channel system interface equipment, and may be built into television receivers.
B. Access channel or
non-broadcast channel means a government, education, or public channel which is carried on a multi-channel system, but which is not part of any institutional network.
C. Activated channel means a channel engineered at the headend of the cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for governmental, educational, or public use.
D. Abandoned calls mean telephone calls that are connected to an MCS provider's general information and service number, but the caller hangs up without being attended to by a representative of the MCS provider, or by a device capable of problem resolution (e. g. accepting a service request or a work order, directing calls to the appropriate personnel, or such similar functions or service).
E. Alternative user charge means a charge used in place of a franchise fee that the Council requires as payment for the privilege of using the streets, easements, public ways, or rights-of-way, of the City in order to construct, maintain, and operate a multi-channel system. An alternative user fee is not based on an MCS provider's gross annual revenues (as is the case in a franchise fee), but rather is based on the value of the City property that an MCS provider is using to construct, maintain, and operate its multi-channel system.
F. Annual gross revenues means any and all compensation which is derived from the operation of the MCS system, and which is attributable to the subscribers or customers within the City, or the grant of a franchise granted to a franchisee to operate a multi-channel system. Further, "annual gross revenues" means any, and all, compensation, in whatever form (except as exempted by this definition), exchange or otherwise derived from all multi-channel services, MCS operations, and MCS-related activities within the City including, but not limited to, revenues from subscriber rates, pay television, premium channels, service tiers, service clusters, institutional networks, advertising, installations, rebates or commissions received from services carried or provided on the system, or commercial access. Also, unless prohibited or preempted by either Federal or State law, "annual gross revenues" shall mean any, and all, compensation from all ancillary multi-channel services, MCS operations, and MCS-related activities within the City, including, but not limited to, sale of MCS or MCS equipment, advertising stuffers inserted into periodic billing statements or other notices, rental or sale of video discs, rental or sale of video cassettes, rental or sale of descrambling converters, or other devices, rental or sale of remote control devices (including those with volume control), rental or sale of a/b or input switches, rental or sale of channel lock-out devices or technology, rental or sale of interactive games or software, rental or sale of digital radio equipment, sale of satellite antenna dishes, sale of satellite antenna-received programming for a programmer or distributor of services, or from revenues received as the billing agent, collector, or retailer of satellite antenna-received service. However, "annual gross revenues" does not mean, any taxes imposed and/or assessed by law on subscribers (including State sales taxes, but excluding any state or local franchise fees) which an MCS provider is obligated to collect and pay in full to the applicable authorities.
G. Applicant means a person submitting an application or proposal to the City for a license or franchise (where required) to operate a multi-channel system under the terms and conditions set forth in this ordinance, and any State regulations.
H. Application or
Proposal are synonymous for the purposes of this ordinance. An "application" or "proposal" means the process by which the applicant submits a request and indicates a desire to be granted a license or franchise (where required) for all, or a part, of the City. An "application" or "proposal" includes all written documentation, and verbal statements and representations, in whatever form or forum, made by an applicant to the Council/franchising authority concerning the construction, rendering of services, maintenance, or any other matter pertaining to the proposed multi-channel system.
I. Assignment of a franchised MCS provider's franchise or
Transfer of a franchised MCS provider's franchise means any transaction or action which effectively or actually changes operational or managerial control from one person or entity to another.
J. Auxiliary equipment means equipment supplied by the MCS provider (such as a converter, remote control unit, or input selector switch), which enhances or assists in the reception or provision of multi-channel service.
K. Basic cable television service means any service tier which includes the retransmission of local television broadcast signals.
L. Cable channel or
Cable television channel or
Data channel means a portion of the electromagnetic or light frequency spectrum which is capable of delivering a television channel (as "television channel" is defined by the FCC regulation).
M. Cable operator or
operator means any person or group of persons who:
1. provides cable television service over a cable system and directly or through one (1) or more affiliates owns a significant interest in such cable system; or
2. otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
N. 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 service.
O. 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 terms do not include the following:
1. a facility that serves only to retransmit the television signals of one (1) or more broadcast stations; or
2. a facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control, or management unless such facility or facilities uses any public rights-of-way; or
3. a facility or 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 at 47 USC 541) to the extent such facility is used in the transmission of video, voice, or data programming or service directly to subscribers or;
4. any facilities of any electric utility used solely for operating its electric utility.
P. CCPA means the Cable Communications Policy Act of 1984, as amended.
Q. Charge means a one-time or non-regularly occurring cost paid by the subscriber, and which is associated with the installation, maintenance, service, or repair of the multi-channel service.
R. Cherry-picking or
cream-skimming means the process whereby an MCS provider targets only selected areas of the City for service (either through a new-build, overbuild, or selective upgrade), and then primarily for reasons of higher than average density, or the relative affluence of the area.
S. City means the City of Grand Island, Nebraska, or its lawful successor.
T. Reserved
U. Reserved
V. Reserved
W. Reserved
X. Reserved
Y. Collection charge means a charge or fee imposed on a customer by an MCS provider for such provider's efforts at collecting, or attempting to collect, a past due account.
Z. Commercially impracticable means with respect to any requirement applicable to an MCS provider, that it is commercially impracticable for such an MCS provider to comply with such requirement as a result of a change in conditions which is beyond the control of such an MCS provider, and the non-occurrence of which, was the basic assumption on which the requirement was based.
AA. Converter means any electric, electronic, or other device, separate and apart from the subscriber's receiver that is capable of converting or changing signals to a frequency not intended to be susceptible to interference within the television, video, or data receiver of a subscriber, and by an appropriate channel or other type of selector may also permit a subscriber to view or otherwise use signals delivered at designated dial locations, or such other reception and use allocations as may be applicable and required for the practical use of the signal.
AB. Council or
Council/franchising authority means the City Council for the City of Grand Island, Nebraska, or its lawful successor, which is the lawful legislative body for the City.
AC. Customer means a subscriber or user of the services and/or facilities of the multi-channel system provided by an MCS provider.
AD. DBS means direct broadcasting satellite.
AE. DBS provider or
Direct Broadcast Satellite provider means any person who delivers and/or provides multi-channel services from a satellite to a subscriber's residence through the use of a small earth or satellite station.
AF. Decoder or
Descrambler means a device which enables a subscriber to convert a scrambled signal into a viewable or otherwise useable signal.
AG. Disaster emergency or
Disaster or
Emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of all, or a representative portion of the residents of the City is threatened. A "disaster emergency" (by illustration) may include a snowstorm, flood, tornado, severe thunderstorm, hazardous waste infiltration, petroleum, munitions, or nuclear explosion, or aircraft crash.
AH. Drop means a small branch of cable, or other transmitting medium which connects the terminals on the back of the subscriber's receiver to the feeder cable or future technical equivalent on the street, easement, rights-of-way, or public way.
AI. Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the City for public utility purposes or any other purpose whatsoever, including cable television, or any other MCS provider. "Easement" shall include a private easement used for the provision of cable service or any other multi-channel service.
AJ. FCC or
Federal Communications Commission means the Federal administrative agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level.
AK. Fiber cable or
Fiber optic cable means very thin and pliable cylinders, or strands of glass or plastic, or any future developed technical equivalent, used to carry wide bands of multiple frequencies.
AL. Franchise means the initial authorization, or subsequent renewal granted by the Council/franchising authority in order for a person to construct, operate, and maintain a franchised MCS system in all, or part, of the City.
AM. Franchised MCS provider means a person that is awarded a franchise by the Council/franchising authority to construct and operate a franchised multi-channel system, within all, or part, of the City. The term "franchised MCS provider" specifically includes the term "cable operator".
AN. Franchise expiration means the date of expiration, or the end of the term of a franchised MCS provider, as provided under a franchise agreement.
AO. Franchise fee means a fee or charge that the City requires as payment for the privilege of using the streets, rights-of-way, public ways, and easements of the City in order to construct, maintain, and operate a franchised MCS system.
AP. Franchising authority or
Council/franchising authority means the City Council for the City of Grand Island, Nebraska. This definition specifically includes the situation wherein the Council in its franchising authority capacity grants a franchise, or renews a franchise, or approves a franchise transfer by an applicant for an MCS franchise, or a franchised MCS provider.
AQ. Headend means the electronic control center, where incoming signals, including those of television broadcast stations are amplified, modulated, filtered, converted, or in any way processed or converted for redistribution to subscribers.
AR. Hub means the satellite or remote receiving, processing and/or transmitting facility, enabling the signal to be extended beyond the physical/electronic capabilities of the multi-channel electronics and/or to serve as a remote switching facility.
AS. Late charge means a charge which is added to a subscriber's account or bill for non-payment of a previously due and delinquent account.
AT. Reserved
AU. Reserved
AV. Reserved
AW. Reserved
AX. Reserved
AY. Reserved
AZ. Reserved
BA. Reserved
BB. Reserved
BC. Mayor means the Mayor for the City of Grand Island, Nebraska, or the Mayor's official designee.
BD. MCS means multi-channel service.
BE. MCS provider or
Multi-channel service provider means any person or group of persons who:
1. provides multi-channel communications service over a multi-channel system and directly or indirectly owns a significant interest in such multi-channel system; or
2. who otherwise controls or is responsible through any arrangement, the management and operation of such a multi-channel system.
The term "MCS provider" or "multi-channel service provider" specifically includes the terms "cable operator", "DBS operator" or "direct broadcast satellite provider", "MDS provider" or "multi-point distribution system provider", "MMDS provider", and "SMATV operator."
BF. MDS means multi-point distribution system.
BG. MDS provider or
Multi-point distribution system provider means any person or group of persons who is authorized by the FCC to transmit (via Super High Frequency) specialized multi-channel programming or data or facsimile transmission to subscriber-selected locations.
BH. Multi-channel programming service or
Multi-channel 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.
BI. Ordinance means the Multi-Channel Service Providers Regulatory Ordinance for the City of Grand Island, Nebraska.
BJ. Other programming service means information that an MCS provider (specifically including a cable operator) makes available to all subscribers generally.
BK. Reserved
BL. Reserved
BM. Reserved
BN. Reserved
BO. Reserved
BP. Reserved
BQ. Reserved
BR. Reserved
BS. Pay-per-view or
Premium channel means the delivery over the multi-channel system of audio and/or video signals in an unintelligible form to subscribers for a fee or charge (over and above the charge for standard or basic service) on a per program, or per channel basis where said unintelligible or unusable form for viewing is made intelligible only to subscribers paying a separate fee or charge for the viewing or use of the signals.
BT. Person means any individual, corporation, business trust, estate, trust, partnership, association of two (2) or more persons having a joint common interest, governmental agency, or other legal entity, including the City.
BU. Proposed abandonment of multi-channel service or
Proposed withdrawal of multi-channel service or
Proposed cessation of multi-channel service means the anticipated, imminent, or expected (either voluntary or involuntary) disruption, discontinuance, desertion, or removal of an MCS provider's operation and provision of multi-channel service from all, or part, of the City for a projected period exceeding three (3) months in duration.
BV. Public, educational or governmental access facilities means:
1. Channel capacity designated exclusively for public, educational or governmental use; and
2. facilities and equipment for the use of such channel capacity.
BW. Public way means any public street, public way, public place, or rights-of-way, now laid out or dedicated, and all extensions thereof, and additions thereto, in the area served by the MCS provider.
BX. Rate means the monthly, bi-monthly, quarterly, semi-annual, annual, or other periodic price paid by a subscriber in order to receive standard or basic, tiered, clustered, premium, or pay-per-view multi-channel service.
BY. Revocation
,
Termination
, or
Non-renewal
, means an official act by the City whereby the Council/franchising authority removes, repeals, or rescinds previously approved authorization for a licensed or franchised MCS provider to conduct the running of a multi-channel system within the City.
BZ. Reserved
CA. Reserved
CB. Reserved
CC. Reserved
CD. Reserved
CE. Reserved
CF. Reserved
CG. Service cluster means the grouping, aligning, or packaging of one (1) or more multi-channel programming services by category (such as sports and/or news), or by rate, or by some other identifiable method, and charging a separate price or rate for each service cluster.
CH. Service day means any day, other than a Sunday or MCS provider holiday, in which employees of the MCS provider (including customer service representatives and service technicians) regularly respond to service requests, inquiries, and complaints.
CI. Service outage means the loss of picture or sound on all standard or basic subscriber channels, or one (1) or more auxiliary programming channels (including tiers and clusters), and which is not caused by the subscriber's television receiver or by the subscriber.
CJ. Service tier means a category of multi-channel service or other programming service provided by an MCS provider, and for which a separate rate is charged by an MCS provider.
CK. SMATV means Satellite Master Antenna Television.
CL. SMATV operator or
Satellite Master Antenna Television operator means any person or group of persons who:
1. provides multi-channel service over an SMATV system; or
2. otherwise controls or is responsible for, through any arrangement, the management of an SMATV system.
CM. SMATV system means a private multi-channel system not crossing any public rights-of-way and which is located on private property, and serving private dwellings. Multi-channel programming services are obtained via an earth station, amplification, and a distribution system.
CN. Standard multi-channel service means the lowest priced or least comprehensive service cluster or service tier available to residential subscribers.
CO. State means the State of Nebraska.
CP. Street means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by the City (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel and shall include other easements or rights-of-way now or hereafter held by the City (including any easements or rights-of-way acquired by eminent domain) which shall, with their proper use and meaning, entitle the City and MCS provider to use thereof for the purpose of installing or transmitting multi-channel system transmissions over poles, wires, cable, conductors, ducts, conduits, viaducts, manholes, amplifiers, appliances, attachments, and other property as may ordinarily be necessary and pertinent to a multi-channel system.
CQ. Subscriber means a person lawfully receiving multi-channel service delivered by the MCS provider.
CR. USC means United States Code.
CS. User means a person or organization utilizing a multi-channel system and/or its equipment for purposes of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
CT. Video programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.