For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE ACT. The Cable Communications Policy Act of 1984, being 41 U.S.C. §§ 521 et seq., as amended, and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, adopted October 5, 1992, being 47 U.S.C. §§ 201 and 521 et seq., as amended.
CABLE SERVICE
(1) The 1-way transmission to subscribers of video programming or other programming service, and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CABLE SERVICE shall also include, whether operable now or in the future any 2-way interactive cable service including the furnishing of telephone or telephone related communication services.
CABLE TELEVISION SYSTEM (hereinafter 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 the municipality. The term SYSTEM shall be construed in its broadest sense to include any and all ancillary, services including without limitation services, such as telecommunications, 2-way interactive communications video on command, personal communications networks, data transmission for
commercial purposes or other such services in order that the municipality receives the franchise fees from the gross revenues generated thereby.
CHANNEL. A band of frequencies in the electromagnetic spectrum capable of clearly and effectively carrying an audio-data or an audio-visual television signal, and as defined by the FCC Rules and Regulations.
COMPANY. United Cable Television of Illinois Valley, Inc.
CONVERTER. An electronic device which converts signals to a frequency not susceptible to interference within a fully functional television receiver of an subscriber and which permits a subscriber by an appropriate channel selector to receive all signals, referred to under this chapter, to which subscriber has subscribed.
COUNTY. The County of LaSalle, Illinois.
FCC. The Federal Communications Commission, established by the Communications Act of 1984, being 41 U.S.C. §§ 521 et seq., as amended, and shall include any successor agency or other agency with respect to the federal regulation and licensing in connection with the subject matter of this chapter.
FM SERVICES. Broadcast of audio signals only on a broad band standard FM frequency.
FRANCHISE AREA. That portion of the city for which a franchise is granted under the authority of this chapter. If not otherwise stated, the franchise area shall be the legal and geographic limits of the city, including all territory which may be hereafter annexed to the city.
GRANT. The right, privilege and franchise provided in § 116.20(A) of this chapter.
GRANTEE. A person or business entity or its lawful successor or assignee which has been granted a franchise by the City Council pursuant to this chapter.
GROSS REVENUES . The revenues derived by the company from its cable television subscribers for all services generated by the system, or from the use of the system, including, but not limited to, data signal transmission, advertising revenue, charges to subscribers for basic cable service, delinquency charges, connection and reconnection charges, premium programming, FM services, converter or similar sales of personal property to subscribers, and any and all revenue received from any source whatsoever for use of the system for the transmission of electronic or microwave impulses, excluding any taxes or fees on services generated by the system which are imposed directly or indirectly on any subscriber by an governmental unit or agency and which are collected by the company on behalf of such governmental unit or agency. For purposes of this definition the franchise fees paid by the company are not taxes.
MUNICIPALITY or CITY. The City of LaSalle, Illinois.
PERSON. Any individual, firm, partnership, limited partnership, association, corporation, company or organization of any kind.
PREMIUM PROGRAMMING. Any programming, including but not limited to, movies, concerts, variety acts, sporting events and the like for which an additional charge is made.
PUBLIC RIGHT-OF-WAY. All sidewalks, streets, alleys and easements and public property contiguous thereto in the municipality which are dedicated to or by the municipality for street, highway, sidewalk, lighting, drainage, utility or cable television purposes.
SUBSCRIBER. Any person lawfully receiving cable service from or using the cable television system under the grant pursuant to this chapter.
(Ord. 1416, passed 5-25-1993)