For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.
AFFILIATE. Another person or entity who owns or controls, is owned or controlled by or is under common ownership or control with, the person or entity.
APPLICANT. A person or entity submitting an application or proposal to the town for a franchise to operate a cable system under the terms and conditions of this chapter and any state or federal regulations.
AUXILIARY EQUIPMENT. Equipment supplied by a cable operator which enhances or assists in the reception or provision of cable service.
BASIC CABLE SERVICE or BASIC SERVICE. Any service tier which includes the retransmission of local television broadcast signals and/or any PEG channels required to be carried pursuant to applicable law or a franchise.
BOARD. The Board of Trustees of the Town of Haxtun.
CABLE COMMUNICATIONS ACT or CABLE ACT. 47 U.S.C. §§ 541 et seq. or corresponding legislation in any future federal communications legislation.
CABLE OPERATOR or OPERATOR. Any person or entity which:
(1) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or
(2) Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
CABLE SERVICE.
(1) The one-way transmission to subscribers of:
(a) Video programming; or
(b) Other programming service.
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service. This includes all forms of cable service whether provided by a cable operator or through a DBS, MDS, MMDS or a SMATV system, if the service otherwise qualifies as a cable system; provided, this definition shall not be construed to prohibit any other lawful service that may be provided by a cable operator.
CABLE SYSTEM or CABLE TELEVISION 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, voice and data programming, and which is provided to multiple subscribers within the town; provided, this shall not include:
(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 unit dwellings under common ownership, control or management, unless the facility uses any public way or 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 Communications Act, being 47 U.S.C. § 551; except that, the facility shall be considered a cable system to the extent the 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 or CABLE CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as defined by the FCC).
CHARGE. 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 cable service.
CONVERTER. Any device, separate and apart from the subscriber’s receiver, that will permit a subscriber to view or otherwise use signals delivered at designated dial locations or other reception and use allocations as may be applicable and required for the practical use of the signal.
CUSTOMER. A subscriber or user of the services and/or facilities of the cable system provided by a cable operator.
DBS SYSTEM or DIRECT BROADCAST SATELLITE SYSTEM. The delivery and/or provision of cable services from a satellite to a subscriber through the use of a small earth or satellite station.
DROP. 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.
EASEMENT. Any public easement or other compatible use created by dedication or by other means, to the town for public utility or other purposes including cable television. EASEMENT includes private easement used for the provision of cable service.
ENTITY. A partnership, joint venture, corporation or limited liability company.
FCC. The Federal Communications Commission.
FRANCHISE. The initial authorization, amendment or renewal granted by the town which authorizes the construction and operation of a cable system.
FRANCHISE EXPIRATION. The date of expiration, or the end of the term of a franchise, as provided under a franchise agreement.
FRANCHISE FEE. A fee or charge that the town requires as payment for the privilege of using the streets, rights-of-way, public ways and easements of the town in order to construct, maintain and operate a franchised cable system.
FRANCHISED OPERATOR. A person or entity that is awarded a franchise by the town to construct and operate a cable system, within all or a part of the town. The term FRANCHISED OPERATOR specifically includes the term CABLE OPERATOR.
FRANCHISING AUTHORITY. The town.
GROSS REVENUE. All cash, credit, property of any kind or nature, or other consideration received directly or indirectly by the cable operator, its affiliates, subsidiaries, parent or any person in which the cable operator has a financial interest, arising from or attributable to the sale or exchange of cable services or any non-cable services by the cable operator within the town or in any way derived from the operation of its system, including, but not limited to, monthly fees charged to subscribers for basic service; monthly fees charged to subscribers for any optional service; monthly fees charged to subscribers for any disconnection, any reconnection fees; leased channel fees; fees, payments or other consideration received from programmers; converter rentals or sales; studio rental, production equipment and personnel fees; advertising revenues; revenues from home shopping channels; and the sale, exchange or cablecast of any programming developed on or for community service channels or institutional users.
LATE CHARGE. A charge which is added to a subscriber’s account or bill for non-payment of a previously due and delinquent account.
MAYOR. The Mayor of the Town of Haxtun.
MDS SYSTEM or MULTIPOINT DISTRIBUTION SYSTEM. A system which transmits (via super high frequency) specialized programming or data or facsimile transmission to subscribers as authorized by the FCC.
NORMAL OPERATING CONDITIONS. Those services those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe, unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular, peak or seasonal demand periods and maintenance or upgrade of the system.
OTHER PROGRAMMING SERVICE. Information that a cable operator makes available to all subscribers generally.
PAY-PER-VIEW or PREMIUM CHANNEL. The delivery over the cable 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 the unintelligible or unusable form for viewing is made intelligible only to those subscribers paying a separate fee or charge for the viewing or use of the signals.
PEG CHANNEL. A public, educational or governmental channel which is carried on a cable system, but which is not part of any institutional network. For purposes of this definition, “institutional network” means a communication network which is constructed or operated by a cable operator and which is generally available only to subscribers who are not residential subscribers.
PUBLIC WAY. Any public street, public place or right-of-way now or later dedicated to the public use within the area served by a cable operator.
RATE. The monthly, bi-monthly, quarterly, semi-annual, annual or other periodic price paid by a subscriber in order to receive cable service.
REPORTING QUARTER. A cable operator’s fiscal quarter as reported to the town. If a cable operator does not report to or notify the town concerning the dates of its fiscal quarters, then the REPORTING QUARTERS for a cable operator shall be considered to be the periods ending on the last day of March, June, September and December of each calendar year.
REVOCATION, TERMINATION or NON-RENEWAL. An official act by the town which lawfully removes, repeals or rescinds a previously approved authorization for a franchised operator to provide cable service.
SERVICE TIER. A category of cable service or other services provided by a cable operator, and for which a separate rate is charged by the cable operator.
SMATV SYSTEM or SATELLITE MASTER ANTENNA TELEVISION SYSTEM. A private cable system not crossing any public rights-of-way and which is located on private property and serving private dwellings.
STATE. The State of Colorado.
SUBSCRIBER. A person lawfully receiving cable service delivered by a cable operator.
TOWN. The Town of Haxtun, Colorado.
TOWN ADMINISTRATOR. The Town Administrator of the Town of Haxtun.
USER. A person or organization utilizing a cable system and/or its equipment for purposes of production and/or transmission.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Prior Code, § 13.20.020) (Ord. 96-13.20, passed - -1996)