Loading...
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, provided, that unless the franchise agreement otherwise requires or a different definition appears below, the terms used in this chapter shall have the meanings ascribed to them in applicable regulations of the Federal Communications Commission.
ACCESS CHANNELS. Those channels required by Federal Communications Commission regulations which, by the terms of this chapter or the franchise agreement, are required to be kept available by the franchisee for partial or total dedication to public access, educational access, local government access or leased access.
CABLE TELEVISION SYSTEM. Any system which operates for hire the service of receiving and amplifying programs broadcast by one or more television and/or radio stations and any other programs originated by a cable television company or by another party and distributing the programs by wire, cable, microwave or other means to persons who subscribe to the service. The definition does not include:
(1) Any system which serves fewer than 50 subscribers; or
(2) Any system which serves only the residents of one or more apartment dwellings under common ownership, control or management and any commercial establishment located on the premises of the apartment complex and any hotel or motel complex and any condominium development and which transmits only signals broadcast over the air by stations which may be normally viewed or heard locally without objectionable interference and which does not provide any additional service over its facilities.
CONVERTER. An electronic device, used at a subscriber’s terminal, which converts signals to a frequency not susceptible to interference and distortion within the television receiver of a subscriber and which, by an appropriate channel selector, also permits a subscriber to view all delivered signals at designated dial locations.
FCC REGULATIONS. The present and future valid rules and regulations promulgated by the Federal Communications Commission (FCC) and applicable to cable systems, presently in force or as hereafter amended.
FRANCHISE and FRANCHISE AGREEMENT. Authorization granted pursuant to the terms of this chapter to construct, operate and maintain a cable television system within all or a specified area of the town. The FRANCHISE shall be granted in the form of a franchise agreement, which is separate and distinct from any license or permit required for the franchise ordinance, and, together with this chapter, shall contain the terms and conditions upon which a cable television system may be operated in the town and the privilege of transacting and carrying on a business within the town as required by other ordinances and laws of the town.
FRANCHISE AREA. All of the town outside of the corporate limits of any city; provided, that no service shall be required to be delivered to subscribers who reside in areas not having at least 50 residential units per cable mile for the first year of the franchise and 45 residential units per cable mile thereafter, according to the schedule in § 110.045(B).
FRANCHISEE. The person granted a franchise by the Board of Alderpersons under this chapter and the lawful successor, transferee or assignee of the person.
GROSS RECEIPTS. Any and all compensations in whatever form, grant, subsidy, exchange or otherwise, directly or indirectly received by a franchisee, not including any taxes on services furnished by the franchisee, imposed directly on any subscriber or user by a city, county, state or other governmental unit and collected by the franchisee for the entity.
MONITORING. Observing a one-way communications signal or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means for any purposes whatsoever.
PROGRAMMER. Any person who or which produces or otherwise provides program material for transmission by video, audio, digital or other signals, either live or from recorded tapes, to subscribers by means of the cable television system.
PROPERTY OF FRANCHISEE. All property owned, installed or used within the town by a franchisee in the conduct of a cable television system business under the authority of a franchise granted pursuant to this chapter.
SERVICE, BASIC. The total of the following:
(1) The transmission of all broadcast radio and video channel signals provided for in this chapter to subscriber terminals;
(2) The transmission of the public, educational, local government and leased access channel signals;
(3) The transmission of the local origination channel signals;
(4) The transmission of the other cablecast channel signals as are required by the FCC to match the number of broadcast channel signals being transmitted;
(5) The installation and reconnection of subscriber service outlets;
(6) Transmission of color television signals which it receives in color; and
(7) All broadcast signals which may be carried pursuant to the applicable federal regulations.
SERVICE, NONBASIC. Any communications service other than basic service provided over its system by the franchisee directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications.
STREET. The surface of and the space above and below any public street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive or communications or utility easement, now or hereafter existing as within the franchise area.
SUBSCRIBER OR USER. Any person or entity receiving for any purpose any service of the franchisee’s cable television system, including, but not limited to, the conventional cable television system service of retransmission of television broadcasts, radio signals, the franchisee’s original cablecasting and the local government, education and public access channels and other services as leasing of channels, data and facsimile transmission, pay television and police, fire and similar public service communication.
SUBSCRIBER SERVICE DROP. The extension wiring from the franchisee’s distribution lines to a subscriber’s building.
TAPPING. Observing a two-way communications signal exchange, where the observer is neither of the communicating parties, whether the communications signal exchange is observed by visual or electronic means for any purpose whatsoever.
TOWN ADMINISTRATOR/TOWN CLERK. The town’s chief administrative officer or any designee thereof.
(Prior Code, § 4.1-3) (Ord. passed 9-19-1979)
No person shall own or operate a cable television system (CATV), or other system as defined herein, in the town, except by franchise granted by the Board of Alderpersons to the franchisee, which shall comply with all of the provisions of this chapter.
(Prior Code, § 4.1-5(a)) (Ord. passed 9-19-1979)
(A) The Board of Alderpersons may, by advertisement or any other means, solicit and call for applications for CATV system franchises, determine and fix any date upon or after which the same shall be received, or the date after which the same shall not be received and may make any other determinations and specify any other times, terms, conditions or limitations respecting the soliciting, calling for, making and receiving of the applications.
(B) Proposals and applications shall be submitted in the form specified by the Town Administrator/Town Clerk.
(Prior Code, § 4.1-6) (Ord. passed 9-19-1979)
If an section, sentence, clause or phrase of this chapter is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect, the validity of the remainder of this chapter and any portions in conflict are hereby repealed; provided, that in the event that the FCC declares any section invalid, the section will be renegotiated by the town and the franchisee.
(Prior Code, § 4.1-4) (Ord. passed 9-19-1979)
FRANCHISE AGREEMENT
The franchise agreement shall grant to the franchisee the right, privilege and franchise to construct, operate and maintain a CATV system in the town for a period of 15 years. The franchise shall not be exclusive and the town reserves the right to grant a similar franchise to any other entity at any time during the period of the franchise issued pursuant to this chapter.
(Prior Code, § 4.1-5) (Ord. passed 9-19-1979)
(A) The franchise agreement, together with the provisions of this chapter, shall constitute the terms and conditions upon which the franchisee may exercise the rights described herein. In the event this chapter or the franchise agreement conflict with mandatory regulations of the FCC or other governmental body having jurisdiction, the same shall, only insofar as the conflict shall exist, be deemed of no effect and the remaining provisions of this chapter and the agreement shall remain in full force and effect. The franchise agreement shall contain the representations, warranties and agreements as shall be agreed upon between the Board and the franchisee. The applicant awarded a franchise by the Board’s resolution shall execute a franchise agreement agreeing to the terms and provisions of this chapter, the proposal and any conditions or provisions that may be negotiated between the town and the franchisee. In no event shall the terms of the franchise agreement conflict with any provision of this chapter, FCC regulations or any other law.
(B) At the minimum the franchise agreement shall contain representations by the franchise that:
(1) It accepts and agrees to all of the provisions of this chapter and any supplementary specifications, as to construction, operation or maintenance of the system, which the Board may include in the franchise agreement;
(2) It has examined all of the provisions of this chapter and waives any claims that any provisions hereof are unreasonable, arbitrary or void;
(3) It recognizes the right of the Board to make reasonable amendments to this chapter or the franchise agreement during the term of the franchise; provided, that no change shall compromise the franchisee’s ability to perform satisfactorily its obligations or rights under this chapter or the franchise agreement. It further recognizes and agrees that the Board shall, in no way, be bound to renew the franchise at the end of any franchise term; and
(4) It acknowledges that its rights hereunder are subject to the police power of the town to adopt and enforce general ordinances necessary to the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the Board pursuant to the power.
(C) In addition, the franchise agreement may contain specific standards that will be met related to signal quality and technical standards of construction, operation and maintenance of the system.
(Prior Code, § 4.1-8)
(D) Upon award of the franchise by the Board of Alderpersons and following execution of the franchise agreement, it shall be mandatory for the franchisee diligently and expeditiously to pursue the construction and operation of a CATV system for the citizens of the town and following construction of the system, it shall be mandatory for the franchisee to provide continuous regular service to its subscribers.
(Prior Code, § 4.1-7) (Ord. passed 9-19-1979)
Loading...