For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICABLE LAW. Any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals. BASIC CABLE SERVICE as defined herein shall be consistent with 47 U.S.C. § 543(b)(7), as it may be amended from time to time.
CABLE SERVICE or SERVICE. The 1-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. CABLE SERVICE as defined herein shall be consistent with the definition set forth in 47 U.S.C. § 522(6), as it may be amended from time to time.
CABLE SYSTEM or 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 such term does not include:
(1) A facility that serves only to retransmit the television signals of 1 or more television broadcast stations;
(2) A facility that serves subscribers without using any public right-of-way;
(3) A facility of common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(4) An open video system that complies with 47 U.S.C. § 653; or
(5) Any facilities of any electric utility used solely for operating its electric utility systems.
CHANNEL or CABLE CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel.
CABLE COUNCIL. The Cherry Capital Cable Council or its successors or delegations, including representatives of the member municipalities as may exist pursuant the Intergovernmental Agreement for Coordinated Regulation of Cable Television.
FCC. The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
FRANCHISE FEE. Any tax, fee, or assessment of any kind imposed by the village or other governmental entity on the grantee or subscriber, or both, solely because of their status as such. It does not include 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 discriminatory against grantees or cable subscribers); capital costs which are required by the franchise to be incurred by grantee for public, educational, or governmental access facilities; 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 any fee imposed under Title 17 of the United States Code.
GRANTEE. A person who, in accordance with the provisions of this chapter, executes a franchise with the village for the nonexclusive privilege to erect, construct, operate, maintain, or dismantle a cable system in the village.
GROSS REVENUE. Any and all revenue derived by the grantee from the operation of its cable system to provide cable service within the village including, but not limited to all cable service fees; franchise fees (unless otherwise indicated by the village in writing); late fees, returned check fees; installation and reconnection fees; upgrade and downgrade fees; local, state and national advertising revenue; home shopping commissions; equipment rental fees; guide revenue; and production charges. GROSS REVENUES shall include cable modem service only to the extent such service is considered a cable service under applicable law. The term GROSS REVENUE shall not include bad debts or any taxes or fees on services furnished by the grantee imposed upon subscribers by any municipality, state or other governmental unit, including the FCC regulatory fee, credits, refunds and any amounts collected from subscribers for deposits, PEG fees or PEG support. The village and grantee acknowledge and agree that the grantee will maintain its books and records in accordance with generally accepted accounting principles (GAAP).
INSTALLATION. The connection of the cable system from feeder cable to the point of connection including standard installations and custom installations with the subscriber converter or other terminal equipment.
INTERNET. The international computer network of both federal and non-federal interoperable packet switched data networks, known as the internet. Consistent with 47 U.S.C. § 230(e)(1), as may from time to time be amended.
MEMBER MUNICIPALITIES. Those municipalities that are parties to a then valid and existing Intergovernmental Agreement for Coordinated Regulation of Cable Television which include Acme Township, Bingham Township, Blair Township, East Bay Township, Elmwood Township, Garfield Township, Green Lake Township, Village of Kingsley, Long Lake Township, Paradise Township, Peninsula Township, and Traverse City, Michigan.
NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the village are open to serve subscribers. In all cases, NORMAL BUSINESS HOURS must include some evening hours, at least 1 night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS. Those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
OTHER PROGRAMMING SERVICE. Information that a grantee makes available to all subscribers generally.
PEG. Public, educational and governmental.
RIGHT-OF-WAY or RIGHTS-OF-WAY. The area on, below, or above any real property in the village in which the village has an interest including, but not limited to any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of the village, including other dedicated rights-of-way for travel purposes and utility easements.
SERVICE AREA or FRANCHISE AREA. The geographic boundaries of the village and shall include any additions and/or deletions thereto by annexation or other legal means.
SERVICE INTERRUPTION. The loss of picture or sound on 1 or more cable channels.
STANDARD INSTALLATION. Any residential or commercial installation which can be completed using a drop of 125 feet or less.
SUBSCRIBER. Any person who lawfully receives cable service via the system.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by a television broadcast station.
(Ord. 1 4-05, passed 4-4-2005)