For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE TELEVISION SYSTEM or CTS. A system of antennas, coaxial cables, wires, wave guides, or other conductors, electronic equipment, or facilities designed, constructed, or used for the production of television signals, interception and receipt of television or radio signals directly or indirectly off the air and the distribution or transmission of such signals and other communications services by means of cable or other similar devices to subscribers.
CHANNEL. A band of frequencies in the electromagnetic spectrum which is capable of carrying one audio-video television signal.
COMPANY CHANNEL. The channel on the CTS which is reserved by this contract for the carriage of program material originated by the grantee or by another person in accordance with the Federal Communications Commission (FCC) rules and regulations.
EXHIBIT A. The franchise proposal submitted by the grantee on April 6, 1979.
FRANCHISE. The nonexclusive permission, license, franchise, or authority given hereunder to construct, operate, and maintain a cable television system in the village.
GRANTEE. Warner Cable Corporation or its successors, transferees, or assigns, the recipient of the franchise granted herein.
GROSS ANNUAL RECEIPTS. All revenue derived directly or indirectly from monthly service charges for service to subscribers of the grantee. However, this shall not include any taxes on services furnished by the grantee herein imposed directly on any subscriber or user by the state, village, or other governmental unit. GROSS ANNUAL RECEIPTS shall include all revenue from basic service charges and premium programming service, including per-channel and per-program charge. Only those premium services (such as home security and data transmission) which compete with other similar services offered by other commercial companies would be excluded from GROSS ANNUAL RECEIPTS.
PUBLIC CHANNEL. The channel on the CTS which is reserved by this contract for carriage of program material provided by persons who lease channel time and if necessary, studio facilities, from the grantee for the presentation of programs in accordance with this chapter.
STREET. The surface of and the space above and below any public street, road, highway, freeway, lane, path, public way or place, alley, court, sidewalk, boulevard, parkway, drive, or other easement now or hereafter held by the village 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 village which shall, within their proper use and meaning, entitle the village 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 cable television system.
SUBSCRIBER. Any person or entity receiving for any purpose the service of the grantee herein.
VILLAGE CHANNEL. The channel on the CTS which is reserved by this chapter for use by the village.
VILLAGE MANAGER. The existing or succeeding chief administrative officer of the village or his or her designate.
(1995 Code, § 112.01) (Ord. 79-O-20, passed 7-9-1979)