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For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. 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. The word “shall” shall be construed as mandatory and not simply directive.
BASIC SUBSCRIBER SERVICE. Those services described in § 725.08(B).
CABLE BROADBAND COMMUNICATIONS SYSTEM or SYSTEM. Any system which receives and amplifies signals broadcast by one or more televisions and/or radio stations and which transmits programming originated by the system itself or by another party, and distributes such signals and programming by wire, cable, microwave, satellite, or other means to persons who subscribe to such service.
CHANNEL. A signal path of six megahertz provided by a system to relay Class I-IV Signals, as defined by the FCC.
CITY. The City of Lebanon, a municipal corporation of the State of Ohio in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
CITY MANAGER. The existing or any succeeding City Manager of the City of Lebanon or his or her duly authorized representative.
COMMUNITY CHANNEL. A channel made available for programming of local interest by the community and the grantee.
COUNCIL. The present governing body of the city or any future board constituting the legislative body of the city.
FCC. The Federal Communications Commission or its successor.
FRANCHISE. Includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a system in the city.
GOOD CAUSE. Shall represent that set of faces and circumstances which, in an individual case, a reasonable person would adjudge to be beyond the grantee’s reasonable control and which would therefore represent a justifiable excuse of performance. Depending on the facts and circumstances, GOOD CAUSE may include, but shall not be limited to, delays or interruptions arising from necessary utility changes, rearrangements, power outages, the fulfillment of governmental or regulatory restrictions or requirements, national emergency, uncontrollable material shortages, fire, earthquake, or the elements and acts of God.
GRANTEE. The person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by Council under this chapter, and the lawful successor, transferee or assignee of such person, firm or corporation.
GROSS ANNUAL RECEIPTS. Any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the city. GROSS ANNUAL RECEIPTS shall include any revenues derived from auxiliary or ancillary services, including, but not limited to, payable, advertising, leasing of channels, and the like. Only those premium services (such as home security, data transmission, and the like) which compete with other similar services offered by other commercial companies would be excluded from GROSS ANNUAL RECEIPTS. GROSS ANNUAL RECEIPTS shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit.
NORMAL SERVICE INTERVAL. The period between the time that the grantee is notified by a subscriber of a service deficiency and the close of business on the second day following the receipt of such notice, provided that the subscriber or his or her representative is available, during this period, at the premises to be serviced.
PERSON. Person, firm, corporation, association, or any other legally recognized entity.
PUBLIC WAYS. The surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, or other easement now or hereafter held by the city for the purpose of public travel and shall include such other easements or rights-of-way as shall be now held or hereafter held by the city which shall, within their proper use and meaning, entitle the city and its grantee to the use thereof for the purpose of installing or transmitting signals over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to a system.
PROPERTY OF GRANTEE. All property owned, installed or used by a grantee in the conduct of a grantee’s “system” business in the city under the authority of a franchise granted pursuant to this chapter.
SUBSCRIBER. Any person or entity receiving for any purpose the system service of a grantee.
(Ord. 5258, passed 10-28-80)