(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning or unless otherwise defined by federal or state law.
ACCESS CHANNELS. Any channels on the system provided herein by the operator for use by the county and its agencies.
ADDITIONAL SERVICE. Any cable service other than basic service provided over the cable television system.
BASIC SERVICE. A separately available basic service tier to which subscription is required for access to any other tier of service. Such basic service tier shall, at a minimum, consist of the following:
(1) All signals carried in fulfillment of the Cable Act, Sections 614 and 615;
(2) Any public, educational, and governmental access programming required in this chapter or the franchise;
(3) Any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the Grantee.
CABLE ACT. See COMMUNICATIONS POLICY ACT.
CABLE COMMUNICATIONS 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 cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include any of the following:
(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 dwelling units under common ownership, control, or management, unless such facility or facilities uses any public rights-of-way;
(3) A facility of a common carrier which is subject in whole or in part to the provision of Title II of the Cable Act, except that such facility shall be considered a cable system to the extent that such 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.
CABLECAST SIGNAL. A nonbroadcast signal that originates within the facilities of the cable communications system.
CHANNEL. A 6 megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital, or other nonvideo signals or some combination of such signals. One channel of high definition television may utilize more than 6 MHz.
CLOSED-CIRCUIT or INSTITUTIONAL SERVICE. Such video, audio, data, and other services provided to institutional users on an individual application basis. These may include but are not limited to one-way video, two-way video, and audio or digital signals among institutions or residential subscribers.
COMMERCIAL SUBSCRIBER. A subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade, or profession.
COMMISSION. The Board of Commissioners of the county.
COMMUNICATIONS POLICY ACT or CABLE ACT. The Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, as they may be amended or succeeded.
CONVERTER. 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.
COUNTY. The county of Greene, North Carolina, a contiguous, continuous, and homogenous community located in the state of North Carolina.
CPI. The national percentum increase for the most recently completed calendar year of the average consumer price index for all items as published by the Bureau of labor Statistics of the United States Department of Labor, subject to maximum limits as are set forth within the franchise agreement.
DEDICATED INSTITUTIONAL ACCESS CHANNEL. Broadband communications channels dedicated to serving city, county, state, or federal governmental agencies, educational institutions, health care institutions, or other nonprofit and profit making organizations that may be qualified by the Commission.
DISCRETE CHANNEL. A channel which can only be received by the person and/or institution intended to receive signals on such channel.
DOWNSTREAM SIGNAL. A signal originating from or provided by a cable television system to a subscriber terminal or other terminal including video, audio, or digital signals or any other type of data or information for either programs or other uses such as security alert services and the like.
DROP. A coaxial, fiber, or other connection from feeder cable to the subscriber/user residence or place of business.
EDUCATIONAL ACCESS CHANNEL. Any channel designated for educational access use.
FAIR MARKET VALUE. 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.
FCC. The Federal Communications Commission and any legally appointed successor.
FRANCHISE. The nonexclusive rights granted pursuant to this chapter to construct, operate, and maintain a cable communications system along the public rights-of-way within all or a specified area in
the county. 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 county as required by other ordinances and laws of the county, state, or federal governments.
FRANCHISE AREA. The entire county for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the county, excluding all territory within the corporate limits of any municipality within the county or any territories thereafter annexed by the municipalities.
FRANCHISE FEE. The percentage, as specified by the county, of the franchisee's gross revenues from all sources payable (as permitted by the Cable Act) in exchange for the rights granted pursuant to this chapter and the franchise agreement.
FRANCHISEE or GRANTEE. The natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s), or organization(s) of any kind which have been legally granted a franchise by the county and its lawful successor, transferee, or assignee.
GOVERNMENT ACCESS CHANNEL. Any channel specifically designated or dedicated for government access use.
GRANTEE. See FRANCHISEE.
GRANTOR. The county as represented by the Commission acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES. All receipts received directly or indirectly by the grantee from providing cable communication services within the county, including but not limited to basic subscriber and additional service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals and personnel fees, and advertising revenues, provided, however, that this shall not include any taxes or copyright fees on services furnished by the grantee herein imposed directly upon any subscriber or user by the state, local, or other
governmental unit collected by the grantee on behalf of said governmental unit.
HEADEND. The electronic control center of the cable television system, including components that amplify, filter, and convert incoming broadcast and other television and electronic signals for distribution over the cable system.
INSTALLATION. The connection of the system from feeder cable to subscriber terminals.
LEASED ACCESS CHANNEL or COMMERCIAL ACCESS CHANNEL. Any channel or portion thereof designated or dedicated for use by persons unaffiliated with the grantee.
MONITORING. 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.
NARROWCASTING. The ability to distribute cable programming to a particular segment or segments of the cable subscribers.
OPERATOR. The entity granted a franchise.
ORIGINATION SITE. A location capable of transmitting audio-video television signals to the operator's headend or other location as provided.
PERSON. An individual, partnership, association, organization, corporation, or any lawful successor or transferee of said individual, partnership, association, organization, or corporation.
PLANT MILE. A linear mile of cable as measured on the street or easement from pole to pole or pedestal to pedestal.
PUBLIC ACCESS CHANNEL. Any channel designated or dedicated for 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 franchise and over which grantee has no editorial control.
PUBLIC WAY or PUBLIC RIGHTS-OF-WAY. The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements, or other public rights-of-way now or hereafter held by the county which shall entitle the county and the Company to the use thereof for the purpose of installing and maintaining the company cable television system. No reference herein, or in any franchise, to the PUBLIC WAY shall be deemed to be a representation or guarantee by the county that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the county as the county may have the undisputed right and power to give or as granted by federal or state law.
REASONABLE NOTICE. Written notice addressed to the grantee at its principal office within the county or such other office as the grantee has designated to the county as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven business 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 days, holidays recognized by the county shall be excluded.
RESIDENT. Any person residing in the county as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER. A subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade, or profession.
SALE. Includes any sale, exchange, barter, or offer for sale.
SCHOOL. Any public or nonprofit educational institution, including primary and secondary schools, colleges, and universities, both public and private.
SERVICE AREA. The entire geographic area within the franchise territory.
STATE. The state of North Carolina.
SUBSCRIBER NETWORK. The system of cable and related devices necessary to deliver audio- visual television signals to and from subscribers. The downstream portion of the subscriber network provided herein is that portion of the electromagnetic spectrum cable of transmitting audio-video television signals and other signals to subscribers from the operator's headend. The upstream portion of the subscriber network provided herein is that portion of the electromagnetic spectrum which is capable of transmitting audio-video and other signals from a subscriber to the operator's headend.
SYSTEM FACILITIES or FACILITIES. The cable communications system constructed for use within the county, including without limitation the headend, antenna, cables, wires, lines, towers, amplifiers, converters, equipment, or facilities located within the corporate limits of the county, designed, constructed, or wired for the purpose of producing, receiving, amplifying, and distributing by coaxial cable, fiber optics, microwave, or other means, audio and visual radio, television, and electronic signals to and from subscribers in the county, and any other equipment or facilities located within the corporate limits of the county intended for the use of the system, provided, however, that such system facility excludes buildings, facilities, and equipment where primary use is for providing service to other system facilities located outside the county limits.
TRANSFER. The disposal by the grantee, directly or indirectly, by gift, assignment, voluntary sale, assets acquisition, merger, consolidation, or otherwise, of 15% or more at one time of the ownership or controlling interest in the system, or 20% cumulatively over the term of the franchise, of such interest to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert.
TRUNK LINE. The major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.
TWO-WAY or INTERACTIVE. The capability of both sending and receiving audio-video or other electronic signals from the same location. It refers to
the capability of using the upstream and downstream portions of the subscriber network.
UPSTREAM SIGNAL. A signal originating from a subscriber terminal to another point in the cable television system, including video, audio, or digital signals or any other type of data or information for either programs or other uses such as security alert services and the like.
USER. A person or organization utilizing channel or equipment and facilities for purpose of producing and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(B) When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number. The word
SHALL is mandatory and MAY is permissive. Words not defined shall be given their common and ordinary meaning.
(Ord. passed 12-2-96)