(A) Short title. This chapter shall be known and cited as the Cable Communications Regulatory Ordinance.
(B) Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory.
BASIC CABLE SERVICE. Any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the franchise to be carried on the basic tier. BASIC CABLE SERVICE as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7).
CABLE PROGRAMMING SERVICE.
(a) Any video programming provided over a cable system, regardless of service tier other than:
1. Video programming carried on the basic service tier;
2. Video programming offered on a pay per channel or pay per program basis; or
3. A combination of multiple channels of pay per channel or pay per program video programming offered on a multiplexed or time shifted basis so long as the combined service:
a. Consists of commonly identified video programming; and
b. Is not bundled with any regulated tier of service.
(b) CABLE PROGRAMMING SERVICE as defined herein shall not be inconsistent with the definition as set forth in 47 U.S.C. § 543(l)(2) and 47 C.F.R. 76.901(b) (1993).
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.
CABLE SYSTEM or SYSTEM. Shall have the meaning ascribed to it in federal law.
COUNCIL. The Hermosa, South Dakota City Council.
FRANCHISE. An initial authorization, or renewal thereof issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system or other MVPD facility.
FRANCHISE AREA. The area within the legal boundaries of the grantor.
GRANTEE. The person which is granted a franchise in city pursuant to this chapter, its agents and employees, lawful successors, transferees or assignees.
GRANTOR. Is the City of Hermosa.
GROSS REVENUE. Only that monthly revenue net of bad debt received from basic cable service and premium pay services such as HBO. The term GROSS REVENUES shall not include any other revenue billed or received by the grantee including, franchise fees, late fees, any fees itemized and passed through as a result of franchise imposed requirements, cable ad sales, or any taxes or fees on services furnished by grantee imposed directly on any subscriber or user by any municipality, state, or other governmental unit and collected by grantee for such governmental unit.
MULTICHANNEL VIDEO PROGRAM DISTRIBUTOR or MVPD. A person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, an OVS provider, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming.
OPEN VIDEO SERVICES or OVS. Any video programming services provided to any person by a franchisee certified by the FCC to operate an open video system pursuant to 47 U.S.C. § 573, as may be amended, regardless of the facilities used.
PAY TELEVISION. The delivery over the system of pay per channel or pay per program audio visual signals to subscribers for a fee or charge, in addition to the charge for basic cable service or cable programming services.
PERSON. Any person, firm, partnership, association, corporation, company, or other legal entity.
STANDARD INSTALLATION. Any residential installation which can be completed using a drop of 150 feet or less.
STREET. The surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway, or drive, or any easement or right-of-way now or hereafter held by grantor.
SUBSCRIBER. Any person who lawfully receives cable service.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by a television broadcast station.
(Ord. passed 9-16-2021)