For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meanings 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. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meanings.
APPLICABLE LAWS: 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 not be inconsistent with 47 USC section 543(b)(7)(1993).
CABLE ACT: The Cable Communications Policy Act of 1984, Public Law No. 98-549, 98 stat. 2779 (1984) 1 as amended by the Cable Television Consumer Protection and Competition Act of 1992, Public Law No. 102-385 and the Telecommunications Act of 1996, Public Law No. 104-458 and as the same may, from time to time, be amended.
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.
CABLE TELEVISION SYSTEM, SYSTEM OR 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 television broadcast stations;
B. A facility that serves subscribers without using any public rights of way;
C. A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 USC sections 201–226, except that such facility shall be considered a cable system (other than for purposes of 47 USC section 541) 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;
D. An open video system that complies with section 653 of the Cable Act; or
E. Any facilities of any electric utility used solely for operating its electric utility system.
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 as defined by the Federal Communications Commission.
CLASS IV CABLE COMMUNICATIONS CHANNEL: A signaling path provided by a system to transmit signals of any type from a subscriber terminal to another point in the system.
COUNCIL: The City Council of the City of Lakeville, Minnesota.
FRANCHISE: 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 or operation of a cable system over publicly owned rights of way.
FRANCHISE AGREEMENT: A franchise granted pursuant to this Chapter containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters.
FRANCHISE FEE: Any tax, fee or assessment of any kind imposed by the City or any other governmental authority on a grantee or cable subscriber, or both, solely because of their status as such. The term "franchise fee" does not include: a) 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); b) capital costs which are required by the franchise agreement to be incurred by the grantee for PEG Access Facilities; c) 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 d) any fee imposed under title 17 of the United States Code.
GOVERNMENTAL AUTHORITY: Any court or other Federal, state, county, municipal or other governmental department, commission, board, agency or instrumentality.
GRANTEE: Any person receiving a franchise pursuant to this Chapter and its agents, employees, officers, designees, or any lawful successor, transferee or assignee.
GRANTOR OR CITY: The City of Lakeville, Minnesota, as represented by the Council or any delegate acting within the scope of its jurisdiction. The City Administrator shall be responsible for the continuing administration of the franchise.
GROSS REVENUES: All revenue received directly or indirectly by the grantee, its affiliates, subsidiaries, parents, or any person in which grantee has a financial interest of five percent (5%) or more, arising from or attributable, to the provision of cable service by the grantee within the City including, but not limited to, monthly fees charged to subscribers for basic cable service; monthly fees charged to subscribers for any optional service; monthly fees charged to subscribers for any tier of service other than basic cable service; installation, disconnection and reconnection fees; leased channel fees; converter and remote revenues; advertising revenues; and revenue from home shopping channels. Gross revenues shall be the basis for computing the franchise fees imposed pursuant to Section 3-11-20 of this Chapter. Grantee shall not be required to pay a franchise fee on gross revenues derived from any person receiving free cable service pursuant to a franchise agreement. Gross revenues shall include franchise fees collected by grantee on behalf of the City.
INITIAL SERVICE AREA: The area of the City which will receive cable service initially, as set forth in any franchise agreement.
INSTALLATION: The connection of the system to a subscriber and the provision of cable service.
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in the City are open to serve customers. In all cases, "normal business hours" must 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 of the system.
PERSON: Any individual or any association, firm, general partnership, limited 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.
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES OR PEG ACCESS FACILITIES: A. Channel capacity designated for public, educational or governmental use; and
B. Facilities and equipment for the use of such channel capacity.
SERVICE AREA OR FRANCHISE AREA: 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.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels.
STATE: The State of Minnesota.
STREET OR PUBLICLY OWNED RIGHT OF WAY: Each of the following which 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.
SUBSCRIBER: Any person who or which lawfully elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection with the cable system whether or not a fee is paid for such service. (Ord. 636, sec. 1, 11-2-1998)
Notes
| 1 | 1. 47 USC §§ 521-611 (1982 and supp. V 1987). |