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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC CABLE RATES. The monthly charges imposed by a cable operator for a subscription to the basic service tier and the associated equipment.
BASIC SERVICE TIER. A separately available service tier to which subscription is required for access to any other tier of service, including as a minimum, but not limited to, all must-carry signals, all PEG channels, and all domestic television signals other than superstations, provided by the cable operator to any subscribers, except a signal of a television station which is secondarily transmitted by a satellite carrier beyond the local service area of such station, and any additional video programming signals as a service added to the basic tier by the cable operator.
BENCHMARK. A per channel rate of charge for cable service and associated equipment which the FCC has determined is reasonable.
CABLE ACT OF 1992. The Cable Television Consumer Protection and Competition Act of 1992.
CABLE OPERATOR. Any person or group of persons:
(1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such a cable system; or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
CABLE SERVICE. The one-way transmission to subscribers of video programming, or other programming service; and, subscriber interaction, if any, which is required for the selection of such video programming or other programming service. For the purposes of this definition, “video programming” is programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and, “other programming service” is information that a cable operator makes available to all subscribers generally.
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 such term does not include:
(1) A facility that services 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 unit dwellings under common ownership, control, or management, unless such facility or facilities uses 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, as amended, except that such facility shall be considered a cable system to the extent 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.
CHANNEL. A unit of cable service identified and selected by a channel number or similar designation.
COST OF SERVICE SHOWING. A filing in which the cable operator attempts to show, in a manner consistent with FCC regulations, that the benchmark rate or the price cap is not sufficient to allow the cable operator to fully recover the costs of providing the basic service tier and to continue to attract capital.
FCC. The Federal Communications Commission.
INITIAL BASIC CABLE RATES. The rates that the cable operator is charging for the basic service tier, including charges for associated equipment, on the date the city notifies the cable operator of the city's qualification and intent to regulate basic cable rates.
INITIAL DATE OF REGULATION. The date on which the city notifies the cable operator of the city's qualification and intent to regulate basic cable rates.
INITIAL PERMITTED PER CHANNEL CHARGE. The permitted per channel charge on the initial date of regulation which shall be determined by the City Council to be lawful either under the bench-mark analysis or through a cost of service showing.
MAXIMUM MONTHLY CHARGE. The maximum amount per month which a cable operator may charge per subscriber for a tier of regulated programming services offered by a cable system and shall consist of a permitted per channel charge multiplied by the number of channels on the tier, plus a charge for franchise fees.
MUST-CARRY SIGNAL. The signal of any local broadcast station (except superstations) which is required to be carried on the cable system and for which the local broadcast station has notified the cable operator of its election for must-carry rights.
PEG CHANNEL. The channel capacity designated for public, educational, or governmental use required by the franchise of the cable system to be provided to subscribers, and facilities and equipment for the use of that channel capacity.
PRICE CAP. The ceiling set by the FCC on future increases in basic cable rates regulated by the city, based on a formula using the GNP fixed weight price index, reflecting general increases in the cost of doing business and changes in overall inflation.
REASONABLE RATE STANDARD. A per channel rate that is at, or below, the benchmark or price cap level.
SUBSEQUENT PERMITTED PER CHANNEL CHARGE. The permitted charge per channel after the initial date of regulation determined pursuant to a cost-of-service showing or the prior permitted per channel charge previously approved by the City Council, adjusted for inflation and external costs in accordance with the price cap analysis.
SUPERSTATION. Any non-local broadcast signal secondarily transmitted by satellite.
(Ord. 94-14, passed 4-26-94)