For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, words in the singular number include the plural number, and words in the masculine, feminine, or neuter gender include each of the other genders. The word shall is always mandatory and not merely directory.
ACCESS CHANNELS. Those channels which are to be kept available by the franchisee for partial or total dedication to public access, educational access, local government access, or leased access.
BOARD OF COMMISSIONERS or BOARD. The governing body of the County of Harnett.
CABLE OFFICE. The business office of the franchisee which shall be conveniently accessible to the public and located in the franchise area.
CABLE TELEVISION SYSTEM. Any facility that, in whole or in part, receives directly, or indirectly over the air and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television stations, radio stations, or other electronic signals and distributes such signals by wire or cable to subscribing members of the public who pay for such service, but such access term shall not include:
(1) Any such facility that serves fewer than 75 subscribers;
(2) Any such facility that serves only the residents of one or more apartment dwellings under common ownership, control, or management, and commercial establishments located on the premises of such an apartment house; and
(3) Any such facility that serves only the residents of an overnight residential business establishment (e.g., hotel, motel, and the like) or any commercial establishments or private organizations or associations that services only its own employees, members of the general public upon its own premises, or its own members as the case may be.
CATV. Cable television.
COUNTY. The body politic of the County of Harnett as heretofore established and constituted by legislative enactment of the state.
COUNTY MANAGER. The Chief Administrative Officer of the county.
EXTENSION COSTS. One time pro-rata energizing charges and cable costs, inclusive of direct and indirect overhead so as to reflect the equivalent actual cost of equipment, wire, and installation labor above and beyond the cost of a normal drop.
FCC REGULATIONS. The present and future valid rules and regulations promulgated by the FCC and applicable to cable television systems in the county.
FCC. The federal regulatory agency or agencies having regulatory jurisdiction over cable television.
FRANCHISE. Authorization granted pursuant to the terms of this chapter to construct, operate, and maintain a cable television system within all, or a specified area, in the unincorporated areas of the county. The FRANCHISE shall be granted in the form of a franchise ordinance (herein also sometimes referred to as THE FRANCHISE AGREEMENT) separate and distinct from any license or permit required for the privilege of transacting and carrying on business within the county as required by other ordinances and laws of the county. The franchise ordinance, together with this chapter, shall contain the terms and conditions upon which any cable television system may be operated in the county.
FRANCHISE AGREEMENT. The ordinance adopted by the Board of Commissioners designating a franchisee for the operation of a cable television system in a designated basic area within the county, and designating the particular terms and provisions thereof, as shall supplement this chapter to include by incorporation the application for franchise made by the franchisee.
FRANCHISEE. The person, firm, or corporation granted a franchise by the Board of Commissioners under this chapter and their lawful successors or transferees.
GROSS SUBSCRIBER REVENUES. Any and all compensation and other consideration in any form received by the franchisee arising from the sale of services offered under the authority of its franchise, provided said term shall not include any sales, service, rent, occupational, or other excise tax to the extent said taxes are charged separately in addition to the regular monthly service and any additional services and are remitted to a taxing authority.
NORMAL DROP. The conductor which provides subscriber interconnection to an existing or required cable television system feeder leg with a cable length not to exceed 200 feet, including the cable length required within the subscriber’s premises, as measured from the nearest street or road right-of-way line. The term NORMAL DROP as used in this chapter shall mean a cable television signal cable and appurtenances of such construction, installations, and system interconnection as provides signal levels of the quality and strength consistent with the technical quality requirements of the FCC rules. It may be overhead or underground. Drops in excess of the normal length shall be in accordance with the provisions of the line extension policy in this chapter.
PERSON. Any person, firm, partnership, association, corporation, or organization of any kind.
POTENTIAL SUBSCRIBERS. Those households, commercial, industrial, or institutional establishments within a reasonable distance from the trunk cable where service could be provided to them; said distance shall be determined by the standards of the CATV industry in effect at the time the determination is made.
PROPERTY OF FRANCHISEE. All property owned and installed or used by the franchisee in the operation of a cable television system or service in the county under authority of a franchise granted pursuant to this chapter.
RESIDENTIAL UNITS PER MILE. The total number of residential units not already passed by energized cable of any franchised CATV system which units are located on the property directly adjacent to two consecutive miles of street or other public rights-of-way along established streets or rights-of-way contiguous with the present system of streets and rights-of-way, the total residential units thus obtained shall be divided by two to obtain the residential units per mile. Example: eight apartments in one building count as eight residential units.
SHALL or MUST. When SHALL and/or MUST are used it means mandatory, whereas MAY is permissive.
STREET or ROAD. The surface of and the space above and below any publicly or privately owned or maintained property or any public street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, cartway, drive, existing as such within the franchise area.
SUBSCRIBER or USER. Any person lawfully receiving, for any purpose any service of the franchisee’s cable television system.
TWO-WAY CAPACITY. Such system shall maintain a plant having technical capacity for audio and video return communications; two-way capability is not required to be activated until requested by the Board and then only to the extent required in the franchise granting ordinance.
(Ord. passed 10-18-1982)