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For purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall have the same meanings as the terms used in title 7, chapters 8 and 11 of this code, and if not defined there, their common and ordinary meaning.
BASIC SERVICE: Any service tier that includes the retransmission of local television broadcast signals.
CABLE ACT: Title VI of the communications act of 1934, as amended, 47 USC section 151 et seq., and all other provisions of the cable communications policy act of 1984, codified at 47 USC section 521 et seq., and the cable television consumer protection and competition act of 1992 as codified at 47 USC section 543 et seq.
CABLE SERVICE: A. The one-way transmission to subscribers of: 1) video programming or 2) other programming service; and
B. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
FRANCHISE AGREEMENT: A contract entered into in accordance with the provisions of this chapter between the city and a franchisee that sets forth the terms and conditions under which a franchise to provide video services will be exercised.
GRANTEE: Any person, firm or corporation granted a franchise by the city.
GROSS REVENUES: A. All revenues derived by a grantee, or an affiliate of grantee in connection with its provision of video services in the city via a video service system including, but not limited to:
1. Revenue from any video service which generates revenue of any type whatsoever and which is offered to the subscribers by means of a video services system, including, but not limited to, leased access fees and advertising revenues.
2. Revenue from all charges for the installation, connection and reinstatement of equipment necessary for the utilization of the video services.
3. Grantee's pro rata portion of any revenues derived from any other person or source and attributable to grantee's provision of video services in the service area via a video services system, to which the city is authorized to apply a franchise fee under the cable act, state or local law as it may exist from time to time during the term of the franchise agreement.
B. For the purpose of calculating franchise fees, the following shall not be included in the definition of gross revenue:
1. State or local taxes, such as sales taxes, imposed upon an end user where the grantee acts as a collection agent for the state or local taxing authority.
2. Bad debt, to the extent it is not collected.
3. Affiliate revenues are not counted as gross revenues of the grantee where that would result in a double count of the same revenues for purpose of calculating the franchise fee owed.
SERVICE AREA: The geographic area in which a grantee is authorized to provide video services.
SUBSCRIBER: Any person or entity lawfully receiving video service from grantee or an affiliate of grantee.
TRANSFER: Any transaction subject to review under section 13-1-17 of this chapter.
VIDEO SERVICE SYSTEM: A communications system that is designed to be used, or is used to provide video services. (Ord. 2009-08, 7-16-2009)