156.02 DEFINITIONS.

   For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section 156.02. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

   (a)   "Basic Cable Service" means any service tier which includes the retransmission of local television broadcast signals. (See 47 U.S.C. § 522(3)) "Expanded Basic" shall include all level or tiers of Cable Service exclusive of premium and pay-per-view and a la carte services or as otherwise defined by Federal law or regulation.

   (b)   "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521-611 (1982 & Supp. V 1987), as amended by the Cable Television Consumer Protection and Competition Act of 1992. Pub. L. No. 102-385, and the Telecommunications Act of 1996 and as may, from time to time, be amended.

   (c)   "Cable Television System", "System" or "Cable System" means 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 such term does not include:

      (1)   A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;

      (2)   A facility that serves Subscribers without using any public rights-of-way;

      (3)   A facility of a common carrier that is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201-226, except that such facility shall be considered a Cable System to the extent that such facility whether on a common carrier basis or otherwise 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 System. (See 47 U.S.C. § 522(7))

   (d)   "Cable Service" means:

      (1)   The one-way transmission to Subscribers of video programming or other programming service; and

      (2)   Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

         (See 47 U.S.C. § 522(6))

   (e)   "Channel" or "Cable Channel" means a portion of the electromagnetic frequency spectrum that is used in a Cable System and which is capable of delivering a television Channel as defined by the Federal Communications Commission of FCC. (See 47 U.S.C. § 522(4))

   (f)   "Council" means the City Council of the City of Independence.

   (g)   "Franchise" means an initial authorization, or renewal thereof, issued by the City, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction and/or operation of a Cable System. (See 47 U.S.C. § 522(g))

   (h)   "Franchise Agreement" means a Franchise granted pursuant to this chapter, containing the specific provisions of the Franchise granted, including references, specifications, requirements and other related matters.

   (i)   "Franchise Fee" means any tax, fee or assessment of any kind imposed by the City or other governmental entity on a Grantee or cable Subscriber, or both, solely because of their status as such. The term "Franchise Fee" does not include:

      (1)   any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable Subscribers);

      (2)   capital costs that are required by the Franchise Agreement to be incurred by the cable operator for Public, Educational, or Governmental (PEG) Access Facilities;

      (3)   requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or

      (4)   any fee imposed under Title 17 of the United States Code.

         (See 47 U.S.C. § 522(g) )

   (j)   "Grantee" means any Person receiving a Franchise pursuant to this chapter and its agents, employees, officers, designees, or any lawful successor, transferee or assignee.

   (k)   "Grantor" or "City" means the City of Independence, as represented by the Council or any delegate acting within the scope of its jurisdiction.

   (l)   "Gross Revenues" means all amounts earned by the Grantee, in whatever form and from all sources, derived from the provision of video programming services and advertising distributed by Grantee over Grantee's Cable System within the City and converter equipment rentals and installation. Gross Revenues shall include, without limitation, amounts received from Subscribers for all video programming services, including but not limited to premium service, pay-per-view service, basic service, expanded basic service, converter equipment rentals and installation, advertising and all other revenues derived from the provision of video programming services, advertising, converter equipment rentals and installations. "Gross revenues" shall also include amounts earned during any period for the provision of Cable Service regardless of whether: (1)the amounts are paid in cash, in trade, or by means of some other benefit to the Grantee; (2)the goods or services with which the revenue is associated are provided at cost or the revenue amount can be matched against an equivalent expenditure; (3)the amounts are characterized, separately identified or accounted for as being for goods, services, or fees to be paid for government agencies; and (4)the amounts are initially recorded by the Grantee or any affiliated entity.

      Notwithstanding the above and in accordance with generally accepted accounting practices, "Gross Revenue" shall not include: (1)revenues of any affiliated entity to the extent that such revenues have also been reported as revenues by Grantee; (2)revenues from the sale of goods and merchandise to the extent that Grantee does not retain the revenue collected; (3)revenues from capital contributions paid by commercial entities to extend Cable System plant so as to serve such commercial location and revenues collected from subscribers as capital contributions in order to meet identified cable-related needs of the City; (4)any amounts documented as bad debt or refunds to Subscribers; and (5)any copyright fees.

   (m)   "Initial Service Area" means the area of the City that will receive Cable Service initially, as set forth in any Franchise Agreement.

   (n)   "Installation" means the connection of the System to Subscribers' terminals, and the provision of Cable Service.

   (o)   "Material" means having real importance or significant substance or consequence.

   (p)   "Normal Business Hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "Normal Business Hours" must include some evening hours at least one (1) night per week and/or some weekend hours.

   (q)   "Normal Operating Conditions" means those service conditions that are within the control of the Grantee. Those conditions that are not within the control of the Grantee which include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, work stoppages, and severe or unusual weather conditions, and significant legislative or regulatory requirements. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, regular peak or seasonal demand periods, and maintenance or upgrade of the System.

   (r)   "Notice" shall mean written notice to the address indicated in the Franchise Agreement.

   (s)   "Opportunity to Cure" or "Opportunity to Correct" shall mean ten (10) calendar days unless some other time period is contained herein or is agreed to between Grantor and Grantee.

   (t)   "Other programming service" means information that a Cable Operator makes available to all subscribers generally. (See 47 U.S.C. § 522(15))

   (u)   "Person" means any natural Person or any association, firm, individual, partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit.

   (v)   "Public, Educational or Government Access Facilities" or "PEG Access Facilities" means:

      (1)   Channel capacity designated for public, educational, or governmental use; and

      (2)   Facilities and equipment for the use of such Channel capacity.

   (w)   "Reasonable" means neither extreme, excessive, arbitrary, capricious, oppressive and not confiscatory under the particular circumstances at issue.

    (x)   "Section" means any Section, subsection, or provision of this chapter.

   (y)   "Service Area" or "Franchise Area" means the entire geographic area within the City as it is now constituted or may in the future be constituted, unless otherwise specified in the Franchise Agreement.

   (z)   "Service Interruption" means the loss of picture or sound on one or more Cable Channels affecting at least ten percent (10%) of the Subscribers on the System.

   (aa)   "Standard Installation" means cable connections consisting of no less than a 125 foot drop from the nearest street containing utility distribution facilities connecting to an inside wall for residential subscribers and a 125 foot drop for commercial subscribers and shall not mean inside "wall fish" installations, or buried installations where adverse terrain (such as excessive rocky conditions) or other factors render extension of the system economically or technically more expensive or difficult than typically encountered by Grantee in its normal operations. The 125 foot drop shall be determined by the measurement from the property line to the point of initial contact on the building.

   (bb)   "State" means the State of Ohio.

   (cc)   "Street" means each of the following that have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the City limits: Streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas that the Grantor shall permit to be included within the definition of Street from time to time.

   (dd)   "Subscriber" means any Person who or which lawfully elects to subscribe to, for any purpose, Cable Service provided by the Grantee by means of or in connection with the Cable System and who pays the charges therefor, except such Persons or entities authorized to receive Cable Service without charge as described in the Franchise Agreement.

      (Ord. 1997-25. Passed 12-9-97.)