For the purposes of this chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated. 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; and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words “shall” and “will” are mandatory and “may” is permissive. Unless otherwise expressly stated, words not defined in this chapter shall be construed consistent with Title 47 of the United States Code, and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.
AFFILIATE. A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person.
APPLICATION FEE. The charge specified in § 100.03(B)(1) and designed to recover the city’s costs in processing applications for franchises or licenses, including applications for the transfer thereof.
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 or use of the video programming or other programming service.
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 the term does 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 subscribers without using 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 (Common Carriers) of the Communications Act of 1934, as amended, 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, unless the extent of the use is solely to provide interactive on-demand services;
(4) Any facilities of any electric utility used solely for operating its electric utility systems; or
(5) An open video system that is certified by the FCC. A reference to a cable system includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the cable system.
CITY. The city and all departments, agencies and divisions thereof, including, but not limited to, the Hopkinsville Electric System.
CITY ADMINISTRATIVE OFFICER or CAO. The Chief Administrative Officer for the city or his or her designee.
COMMUNICATIONS FACILITY. Refers to a cable system or an open video system.
CONSTRUCTION, OPERATION OR REPAIR. The named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready and excavation.
FCC. The Federal Communications Commission or its designee.
FRANCHISE. Refers to the authorization granted by the city to an operator of a cable system or an open video system giving the operator the non-exclusive right to occupy the space, or use facilities upon, across, beneath or over any public right-of-way in the city, to provide a specified service within a franchise area. Any FRANCHISE shall be issued in the form of an ordinance and must be accepted by the franchisee to become effective in the time and manner specified in the Code of Ordinances. The franchise shall not mean or include:
(1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the city required by the ordinances and laws of the city;
(2) Any permit, agreement or authorization required in connection with operations on public streets or property, including by way of example and not limitation, street cut permits;
(3) Any permits or agreements for occupying any other property of the city or private entities to which access is not specifically granted by the franchise including, without limitation, permits and agreements for placing devices on or in railroad easements, poles, conduits or other structures, whether owned by the city, or a private entity; or
(4) The right to place devices in the right-of-way to provide telecommunications services or devices, such as pay telephones, for end user use in terminating or originating transmissions. Therefore, any person who desires to use the property must obtain additional approvals or agreements for that purpose as may be required by the code of ordinances.
FRANCHISE AREA. The area of the city that a franchisee is authorized to serve by its franchise.
FRANCHISEE. Refers to a person holding a franchise issued under this chapter, or a franchise issued prior to this chapter, subject to the provisions of § 100.07 hereof.
GROSS REVENUES. Any and all revenue, of any kind, nature or form, as more particularly defined under the succeeding sections in this chapter.
LICENSE. To the legal authorization, terminable at will, to use a particular, discrete and limited portion of the public rights-of-way to construct, operate or repair a communications facility. The term license shall not mean or include:
(1) Any franchise;
(2) Any other permit or authorization required for the privilege of transacting and carrying on a business within the city required by the chapters and laws of the city;
(3) Any permit, agreement or authorization required in connection with operations on public streets or property, including by way of example and not limitation, street cut permits;
(4) Any permits or agreements for occupying any other property of the city or private entities to which access is not specifically granted by the license including, without limitation, permits and agreements for placing devices on or in railroad easements, poles, conduits or other structures, whether owned by the city, or a private entity; or
(5) The right to place devices in the right of way to provide telecommunications services, or devices, such as pay telephones, for end user use in terminating or originating transmissions. Therefore, any person who desires to use such property must obtain additional approvals or agreements for that purpose as may be required by the code of ordinances.
LICENSEE. Refers to a person holding a license issued under this chapter.
OPEN VIDEO SYSTEM or OVS. Refers to a facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, which includes video programming, which is provided to multiple subscribers within a community, and which the Federal Communications Commission or its successor has certified as compliant with Part 76 of the Rules of the Federal Communications Commission, 47 C.F.R. part 76, as amended from time-to-time.
OPERATOR. When used with reference to a system, refers to a person:
(1) Who provides service over a communications facility and directly or through one or more affiliates owns a significant interest in such facility; or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a facility.
OVERHEAD FACILITIES. Refers to utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for the facilities.
PERSON. Includes any individual, corporation, partnership, association, joint stock company, trust or any other legal entity, but not the city.
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, parkway or easement within the city which has been dedicated for compatible uses and which, consistent with the purposes for which it was dedicated, may be used for the purpose of constructing, operating and repairing a communications facility. PUBLIC RIGHTS-OF-WAY do not include buildings, parks or other property owned or leased by the city, including, by way of example and not limitation, structures in the public rights-of-way such as utility poles and lights. No reference herein, or in any franchise, to a public right-of-way shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of the property is sufficient to permit its use for such purposes, and a franchise or license shall be deemed to grant no more than those rights to use as are properly in the city and as the city may have the undisputed right and power to give.
TELECOMMUNICATIONS SERVICES. The transmission for hire, of information in electronic or optical form, including, but not limited to, voice, video or data, whether or not the transmission medium is owned by the provider itself. TELECOMMUNICATIONS SERVICE includes telephone service but does not include over-the-air broadcasts to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto.
TRANSFER. Any transaction in which:
(1) All or a portion of the communications facility is sold or assigned (except a sale or assignment that results in removal of a particular portion of the facility from the public rights-of-way);
(2) There is any change, acquisition, or direct or indirect transfer of control of the franchisee or licensee; or
(3) The rights and/or obligations held by the franchisee or licensee under the franchise or license are transferred, sold, assigned or leased, in whole or in part, directly or indirectly, to another party. In succeeding provisions of this chapter, all these activities are referred to as franchise or license transfers.
UNDERGROUND FACILITIES. Refers to utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
(Ord. 26-97, passed 9-23-1997)