For the purpose of this Chapter, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. 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:
BASIC CABLE: Is the lowest priced tier of service that includes the retransmission of local broadcast television signals.
CABLE ACT: Collectively means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, as amended.
CABLE OPERATOR: Any person or group of persons who:
A. Provides cable service over a cable system; or
B. Otherwise directly controls or is responsible for the operation of such a cable system.
CABLE SERVICE: A. The one-way transmission to subscriber of:
1. Video programming; or
2. Other programming service.
B. Subscriber interaction, if any, which is required for the selection of such 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 such term does not include:
A. A facility that serves only to retransmit the television signals of one or more broadcast television stations;
B. A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right of way;
C. A facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Cable Act, except that such facilities shall be considered a cable system (other than for purposes of section 621(c) of the Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers; or
D. Any facilities of any electric utility used solely for operating its electric utility systems.
CITY: The City of Knoxville, Iowa and the corporate boundary of the City.
FCC: Federal Communications Commission, or successor governmental entity thereto.
FRANCHISE: The initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise, which authorizes construction and operation of the system.
FRANCHISING AUTHORITY: The City Council of the City of Knoxville, Iowa or the lawful successor, transferee, or assignee thereof.
GOVERNMENTAL AND EDUCATIONAL ACCESS CHANNEL: A. Channel capacity designated for governmental and educational use; and
B. Facilities and equipment for the use of such channel capacity.
GRANTEE: Any person, firm, corporation, or other entity granted a franchise hereunder, or the lawful successor, transferee, or assignee thereof.
GROSS REVENUES: Any and all revenue received by the grantee from the operation of the system in the service area; provided however, that such phrase shall not include any fees or taxes which are imposed directly or indirectly on any subscriber thereof by any governmental unit of agency, and which are collected by the grantee on behalf of such governmental unit or agency.
HEADEND: The land, electronic processing equipment, antennas, tower, building, and other appurtenances normally associated with and located at the starting point of a broad-band telecommunications network.
HOUSE DROP: A cable that connects each building or home to the nearest feeder line of the cable network.
MAY: See Shall And Will.
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in the community are open to serve subscribers. In all cases, normal business hours shall include some evening hours at least one 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 or the cable system.
OUTLET: The point of connection of the cable or wire to a television or radio receiver.
PERSON: An individual, partnership, association, joint stock company, trust, corporation or governmental entity.
PRIVATE PROPERTY: All property, real, personal or mixed, owned by a private person, including property owned by a public utility not owned or operated by the City.
PROPERTY OF THE GRANTEE: All property, real, personal or mixed, owned or used by the grantee, however arising from or related to or connected with the franchise.
PUBLIC PROPERTY: All property, real, personal or mixed, owned or used by the City, including property owned or used by a public utility owned or operated by the City.
PUBLIC WAY: The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way lane, public way, drive circle, or other public right of way, including, but not limited to, public utility easements, dedicated utility strips, or rights of ways dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchising authority in the service area which shall entitle the franchising authority and the grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the system. Public Way shall also mean any easement now or hereafter held by the franchising authority within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights of way as shall within their proper use and meaning entitle the franchising authority and the grantee to the use thereof for the purposes of installing and operating the grantee's system over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the system.
SERVICE AREA: The present Municipal boundaries of the franchising authority and shall include any additions thereto by annexation or other legal means.
SERVICE INTERRUPTION: The loss of picture or sound on one or more channels.
SERVICE TIER: A category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator.
SHALL AND WILL: Are mandatory; may is permissive.
SUBSCRIBER: A person or user of the system who lawfully receives communications and other services therefrom with the grantee's express permission. (Ord. 96-1, 2-5-1996)