For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural form include the singular form. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) “Basic service” means any service tier which includes the retransmission of local television broadcast signals and public, educational, and governmental access Channels or as otherwise defined by law or regulation.
(b) “Cable 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 television service which include video programming and which is provided to multiple subscribers within a community, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one (1) 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 the Cable Act, except that such facility shall be considered a cable system (other than for purposes of Section 621 (c) of Title 47 of the US Code) 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 Section 653 of Title 47 of the US Code; or
(5) Any facilities of any electric utility used solely for operating its electric utility system.
(c) “Cable Service” means:
(1) The one-way transmission to subscribers of:
A. Video programming or
B. Other programming service; and
(2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
(d) “Channel” means a six Megahertz (MHZ) frequency band, which is capable of carrying either one standard analog video signal, a number of audio, digital or other non-video signals or some combination of such signals.
(e) “Communications Policy Act” or “Cable Act” means the Cable Communications Policy Act of 1984 as it may be amended or succeeded.
(f) “Competitive Video Service” means Video Programming provided by a Provider, other than a Cable Service Provider, through the use of a proprietary network to compile, organized and distribute Video Programming, through wire line facilities located at least in part in the public rights of way without regard to delivery technology, including internet protocol technology. This definition does not include:
(1) Video programming provided by a commercial mobile radio service provider defined in 47 U.S.C. §332(d); or
(2) Video Programming provided solely as part of and via a service that enables users to access content, information, electronic mail, or any other service offered over the public internet without requiring a subscription to a separate Video Programming service from Provider and not compiled, organized or distributed over a proprietary network.
(g) “Competitive Video System” means a facility and associated signal generation, reception, and control equipment that is designed to provide Competitive Video Service in the Permit area and is owned or under the control of a Competitive Video Service Provider.
(h) “Converter” means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control.
(i) “Council” means the council of the City of Grandview Heights.
(j) “Drop” shall mean a connection from the feeder cable to the subscriber terminal.
(k) “Education access channel” means any channel designated for educational access use.
(l) “Fair Market Value” means the price that a willing buyer would pay to a willing seller for a going concern based on the System valuation prevailing in the industry at the time.
(m) “FCC” means the Federal Communications Commission and any legally appointed successor.
(n) “Force Majeure” means a strike, acts of God, acts of public enemies, orders of any kind of the government of the United States of America or the State of Ohio or any of the departments, agencies, or relevant political subdivisions, riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent the disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long as and to the extent that, the Force Majeure prevents compliance or causes non-compliance with the provisions hereof.
(o) “Permit” means the nonexclusive rights granted pursuant to this chapter to construct, operate and maintain a Cable Communications System along the Public Ways within all or a specified area in the City. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances and laws of the City.
(p) “Permit Area” means the entire City, or portions thereof, for which a Permit is granted under the authority of an Ordinance. If not otherwise stated in the Permit, the Permit Area shall be the corporate limits of the City, including all territory thereafter annexed to the City.
(q) “Permit fee” means the percentage, as specified by the City, of the Provider's Gross Revenues in exchange for the rights granted pursuant to this chapter and the Permit.
(r) “Government Access Channel” means any channel specifically designated or dedicated for government access use.
(s) “Grantor” means the City of Grandview Heights as represented by the City Council acting within the scope of its jurisdiction.
(t) “Gross Annual Revenues” or “Gross Revenues” means revenue received by a Provider arising from the provision of Cable Service or Competitive Video Service by the Provider within the City including, but not limited, to monthly fees charged to subscribers for Basic Service; monthly fees charged to subscribers for any optional Cable Service or Competitive Video Service; monthly fees charged to subscribers for any tier of Cable Service or Competitive Video Service other than Basic Service; Pay Television fees installation, disconnection, and reconnection; and late payment fees; leased Channel fees; fees, payments, or other consideration received from programmers (exclusive of payments in support of marketing); and converter rentals or sales. Revenues from interactive services, traditional advertising revenues and revenues from home shopping channels and like services in which goods or services are purchased by subscribers utilizing the Cable System or Competitive Video System which are not delivered to or on behalf of the subscribers via the Cable System or Competitive Video System shall not be included in Gross Revenues; provided, however, that "infomercials" and rental or lease payments for programming or channel time and like revenues are not classified as advertising revenue and provided further that the Grantor reserves the right to charge the Provider any Permit fee, tax or other assessment on interactive services, provided that such Permit fee, tax or other assessment is generally applicable to other providers of the similar service. This sum shall not include any taxes on Cable Service or Competitive Video Service furnished by a Provider which are imposed upon any subscriber or user by the state, county, City or other governmental unit and collected by the Provider on behalf of said governmental unit. Other than adjustments of subscriber refunds and uncollectibles, there shall be no other deductions from this sum unless specified herein. Gross Revenues shall also include revenues received by a Provider's affiliates, subsidiaries, parent, or any person in which a Provider has a financial interest, arising from or attributable to the sale or exchange of Cable Service or Competitive Video Service within the City, where such revenue was diverted by the Provider in such a manner as to lower Gross Revenues and therefore avoid payment of Permit Fees hereunder.
(u) “Installation” shall mean the connection of the Cable System or Competitive Video System from feeder cable to a subscriber's terminal.
(v) “Monitoring” means observing a communications signal, or the absence of a signal, where the observer is not a party to the communication, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
(w) “Person” means an individual, partnership, association, organization, corporation or any lawful successor transferee of said individual, partnership, association, organization or corporation.
(x) “Permit” means either :1) a nonexclusive Permit agreement entered into between the City and a Cable System Provider pursuant to which Provider is granted the authority to operate a Cable System within the City pursuant to this chapter and pursuant to the terms and conditions contained in such Permit; or 2) a non-exclusive agreement entered into between the City and a Competitive Video System Provider pursuant to which Provider is granted the authority to operate a Competitive Video System within the City pursuant to this chapter and pursuant to the terms and conditions contained in such Permit.
(y) “Plant Mile” mean a linear mile of the Cable System or Competitive Video System as “measured on the street or easement from pole to pole or pedestal to pedestal. In cases where the Cable System or Competitive Video System is on both sides of the street, only the Cable System or Competitive Video on one side of the street will be utilized in measuring a plant mile.
(z) “Provider” means any person, persons, partnership, firm, company, corporation or association operating a Cable System or a Competitive Video System and holding a Permit granted by an ordinance to operate same within the corporate limits of the City.
(aa) “Public Access Channel” means any channel designated or dedicated for noncommercial use by the general public or noncommercial organizations which is made available for use without charge on a nondiscriminatory basis in accordance with the rules and regulations specified in the Permit.
(bb) “Public Way”, “Right-of-Way” or “Rights-of-Way” means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right-of-way now or hereafter held by the City which shall, within its proper use, entitle a Permittee, in accordance with the terms hereof and of any Permit, to the use thereof for the purpose of installing or operating any facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any Permit. Right-of-Way shall also include publicly owned property, but only to the extent the use or occupation thereof is specifically granted in a Permit or by regulation.
(cc) “Reasonable Notice” shall be written notice addressed to the Provider at its principal office within Franklin County or such other office as the Provider has designated to the City as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven (7) days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said seven (7) days, holidays recognized by the City shall be excluded.
(dd) “Resident” means any person residing in the City as otherwise defined by applicable law.
(ee) “School” means any state accredited public or private educational institution including primary and secondary schools.
(ff) “Service Area” means the entire geographic area within the Permit territory.
(gg) “Services” means Video Programming, pay per view, music, home shopping, Public, Educational, Governmental, or other programming over Channels on the Cable System or Competitive Video System.
(hh) “State” means the state of Ohio.
(ii) Video Programming: means pay per view, fee based and/or non-fee based on demand video services, and/or programming provided by, acquired from, or generally considered comparable to programming provided by a national broadcast network, cable television network, local television network affiliate, or independent television station.
(Ord. 2007-13. Passed 6-18-07.)
(Ord. 2007-13. Passed 6-18-07.)