For the purpose of this chapter the following definitions shall apply unless the context indicates or clearly requires a different meaning.
"APPLICANT" A person or party which is applying for a new franchise. Grantees submitting proposals for franchise renewals shall not be considered applicants.
"BASIC CABLE SERVICE" Any service tier which includes the retransmission of local television broadcast signals.
"CABLE SERVICE" or "CABLE TELEVISION SERVICE" The transmission to subscribers of (i) video programming or (ii) 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 SYSTEM" or "CABLE TELEVISION SYSTEM" A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designated 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 one or more television broadcast stations; (2) a facility that serves subscribers without using any public right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Federal Communications Act, 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 interaction on-demand services; (4) an open video system that complies with Section 653 of the Federal Communications Act, 47 U.S.C. § 573; or (e) any facilities of any electric utility used solely for operating its electric utility systems.
"COMMENCING OPERATION" or "COMMENCE OPERATING" That time and date, as certified by the grantee and approved by the government, when the operation of the cable television system is considered to have commenced, which is when sufficient distribution facilities have been installed so as to permit the delivery of cable television service to at least twenty-five percent (25%) of the households within the initial service area.
"CITY COUNCIL" The City Council of the City of Lawrenceburg.
"CONVERTER" An electronic device which converts signals to a frequency within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view signals delivered at designated dial locations.
"COMMUNICATIONS ACT" The Communications Act of 1934, as amended from time to time (47 U.S.C. 151 et seq.).
"DISTRIBUTION PLANT" Those portions of the cable system devoted exclusively to transmitting cable service or non-cable service from cable system trunk lines, fiber-optic lines, or any other primary transport facilities to subscriber premises, and includes only feeder lines with active electronics and coaxial lines running from demarcation point, as defined by 47 C.F.R. § 76.5 (mm), to the cable system's feeder lines.
"EQUIPMENT AND APPARATUS" Any manholes, underground conduits, poles, cables, boxes, wires, fixtures, conductors, or other facilities necessary, essential, used or useful to and operated by the cable television system.
"FCC" The Federal Communications Commission, or its lawful successor.
"FRANCHISE FEE" The fee imposed on grantee by Section 113.09 of this chapter as compensation for grantee's use of public rights-of-way and roads. Use of this definition in this chapter is without prejudice to any rights grantee or government may have under the Communications Act as it may be amended.
"GOVERNMENT" (unless otherwise specified) The City of Lawrenceburg, a municipal corporation created pursuant to the Kentucky Revised Statutes, as it now exists in its present territorial limits, or may hereafter be extended, and its elected and appointed officials, employees, agents, boards, consultants, assigns, volunteers and successors in interest.
"GRANTEE" A party to which a franchise under this chapter granted by the City Council, its successors and assigns.
"GROSS REVENUES" Any and all compensation collected from cable service non-cable service subscribers within the city. Further, "Gross Revenues" means any and all compensation, in whatever form, exchange or otherwise and derived by the grantee from the operation of the cable system within the city. Gross Revenues includes, but is not limited to, revenues from subscriber rates, pay television, premium channels, service tiers, institutional networks, advertising, installations, or rebates or commissions received from home shopping services and commercial leased access.
"HEADEND" The control center of a cable television system, where incoming signals are amplified, converted, processed, and combined into a common cable, along with any origination cable-casting, for transmission to subscribers.
"MONITORING" Observing a 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 purpose whatsoever.
"NON-CABLE SERVICE" Any lawful communications services provided by grantee over the cable system other than cable service.
"NORMAL BUSINESS HOURS" 8:00 a.m. to 5:00 p.m. Monday through Friday.
"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, utility company maintenance on poles, vehicular accidents which involve utility equipment, severing of cable television system distribution plant by third parties, strikes or other labor action other than those involving the employees of the grantee 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 (other than other "external costs" as defined by FCC rules) regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
"PERSON" or "PARTY" Any person, firm, partnership, association, corporation, company, or organization of any kind.
"ROAD" The surface of and the space above and below any public road, street, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the government for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by the government which shall, within their proper use and meaning entitle the government and its grantee to the use thereof for the purposes of installing or transmitting cable television system transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to a cable television system.
"SERVICE INTERRUPTION" The loss of picture or sound on one or more channels. The term "Service Interruption" shall not include (i) the interruption of any service provided over the cable system by the supplier of such service; or (ii) a failure of any equipment at the subscribers premises that is not installed or otherwise furnished by the grantee.
"SHALL" Is mandatory, not merely directive.
"SUBSCRIBER" A person who is legally receiving cable television service or non-cable service.
(Ord. 1999-13, passed 11-8-99)