For the purpose of this chapter and any ordinance and agreement awarding a franchise in accordance herewith, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein unless otherwise specifically provided in this chapter, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the City Commission. When not inconsistent with the context, words used in the plural number include the singular number, and words in the singular number include the plural number. Further, the word "shall" is always mandatory and not merely directory.
"ANNUAL GROSS RECEIPTS." Any and all compensation, revenue, and other consideration, derived directly or indirectly, in any form whatever, by a franchisee, its affiliates, subsidiaries, parents from or in connection with, the operation of a cable communications system in the city.
"APPLICANT." The natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind which applies for a franchise to be granted under this chapter.
"CABLE COMMUNICATIONS SYSTEM." Any facility that, in whole or in part, receives directly or indirectly and amplifies or otherwise modifies signals which transmit non-broadcast services, and/or programming broadcast or furnished by one or more television or radio stations or similar facility and distributes such signals by wire or cable to subscribing members of the public who pay for such service. Such definition shall not include any similar facility that serves only the residents of one or more apartment or condominium dwelling under common ownership, control or management, or otherwise, and commercial establishments located on the premises of such an apartment house or condominium dwelling.
"CATV." A community antennae cable communications system, composed of, without limitation, antenna, cables, wires, lines, towers, wave guides, laser beams, or any other conductors, converters, equipment or facilities, designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing coaxial cable audio and/or visual radio, television, electronics or electrical signals to and from persons, subscribers, and locations in the city hereinafter defined.
"CERTIFICATE OF COMPLIANCE." That approval required by the FCC in order for a franchisee to begin operation within the city hereinafter defined.
"CITY." The City of Hurstbourne, Kentucky, a municipal corporation in the Commonwealth of Kentucky.
"CITY COUNCIL" or "CITY COMMISSION." The present governing body of the city or any successor to the legislative powers of the present City Council.
"CONVERTER." An interface device which may be furnished to subscribers in order that non-standard television channels carried on the cable communications system may be received on a conventional home television receiver, or to prevent interference from strong broadcast signals.
"FAIR MARKET VALUE." The price that a willing buyer under no compulsion to buy would pay to a willing seller under no compulsion to sell.
"FCC." The Federal Communications Commission as that agency is presently constituted by the Communications Act of 1934 as amended, or any successor agency.
"FRANCHISE." The non-exclusive rights granted hereunder to construct and operate a cable communications system along the streets, alleys, and public ways in the city.
"FRANCHISEE." The natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind, and the lawful successor, transferee, or assignee of same, granted a franchise by the City Council under this chapter.
"PERSON." Any individual, partnership, association, corporation, joint venture, legal entity or organization of any kind.
"SERVICE." All communications, maintenance, repair, and installation services provided by the franchisee, including the delivery of broadcast signals and programming covered by the regular monthly charge and such additional communications as are furnished as a part of the cable communications system in the way of two way, return-path services.
"STATE." The Commonwealth of Kentucky.
"STREET." The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, land, public way, drive or other public right-of-way including public utility easements or right-of-way and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the city which shall entitle the city and the franchisee to the use thereof for the purpose of installing, operating, repairing, and maintaining the franchisee's cable communications system. Said word shall also mean any easement now or hereafter held by the city for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by the city, which shall within their proper use and meaning entitle the city and the franchisee to the use thereof for the purposes of installing or transmitting cable communications transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, man-holes, amplifiers, compliances, attachments, and other property as may be ordinarily necessary and pertinent to a cable communications system.
"SUBSCRIBER." Any person who contracts the purchase, orally or in writing, of any service as may be provided by a franchisee's cable communications system.
"SUBSTANTIAL COMPLETION." That point at which sufficient distribution facilities have been installed by the franchisee so as to provide service to at least 90% of the dwelling units in the franchise territory as described in § 115.10 of this chapter.
(Ord. 92-06, passed 12-17-92; Am. Ord. 93-01, passed 5-20-93)