For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Additionally, for the purpose of this chapter the following terms, phrases, words, and their derivations, and those within any franchise agreement awarded under this chapter, shall have the meaning given herein and in a franchise. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word shall is mandatory and may is permissive. Words not defined shall be given their common and ordinary meaning. Where there may be a conflict between the definitions herein and those definitions made part of any franchise awarded hereunder, the definitions within a franchise shall prevail.
A/B SWITCH or INPUT SELECTOR SWITCH. Any device that enables a viewer to select between off-air broadcast television signals received via antenna and other voice-video-data services delivered to the end user via a hard wire.
ACCESS CHANNEL. A dedicated governmental, educational, or public channel which is carried on the system pursuant to a franchise agreement and provided as a part of a basic tier or level of services.
ACT 84. The Cable Communications Policy Act of 1984, being 47 U.S.C. §§ 521 et seq.
ACT 92. The Cable Televison Consumer Protection and Competition Act of 1992, being 47 U.S.C. §§ 521 et seq.
ANNUAL GROSS REVENUES. All revenue derived in any manner or form from the operation(s) of an individual TCS system and attributable to end users, subscribers, or customers utilizing such system within the municipality.
APPLICANT. A person submitting an application or proposal to the city for a license or franchise (where required) to operate a TCS system under the terms and conditions set forth in this chapter, and any state regulations.
APPLICATION or PROPOSAL. The process by which the applicant submits a request and indicates a desire to be granted a license or franchise (where required) for all, or a part, of the city. An APPLICATION or PROPOSAL includes all written documentation, and verbal statements and representations, in whatever form or forum, made by an applicant to the City Council/Franchising Authority concerning the construction, rendering of services, maintenance, or any other matter pertaining to the proposed TCS system.
ASSIGNMENT OF A FRANCHISED TCS PROVIDER’S FRANCHISE or TRANSFER OF TCS PROVIDER’S FRANCHISE. Any transaction or action which effectively or actually changes operational or managerial control from one person or entity to another.
AUXILIARY EQUIPMENT. Equipment supplied by the TCS provider (such as a converter, remote control unit, or input selector switch), which enhances or assists in the reception or provision of TCS service.
BASIC CABLE TELEVISION SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
BASIC TCS SERVICE. The entry level or lowest cost level of service made available by a TCS provider to users.
CABLE CHANNEL or CABLE TELEVISION CHANNEL or DATA CHANNEL. A portion of the electromagnetic or light frequency spectrum which is capable of delivering a television channel (as television channel is defined by the FCC regulation).
CABLE OPERATOR or OPERATOR. Any person or group of persons who: provides cable television service over a cable system and directly or through one or more affiliates owns a significant interest (at least 10%) in such cable system; or otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
CABLE SERVICE. The one-way transmission to subscribers of video programming, or other programming service and subscriber interaction, if any, which is required for the selection of such video 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 designed to provide cable service which includes video, voice or data programming, and which is provided to multiple subscribers within the city. However, such terms do not include the following:
(1) A facility that serves only to retransmit the television signals of one or more broadcast stations;
(2) A facility that serves only subscribers in one or more multiple-unit dwellings under common ownerships, control, or management unless such facility or facilities uses any public rights-of-way;
(3) A facility or a common carrier which is subject, in whole, or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of § 621(c) of Act 84 B codified at 47 U.S.C. § 541) to the extent such facility is used in the transmission of video, voice, or data programming or service directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility.
CHANNEL-VIDEO. Any portion of the system’s frequency bandwidth which is dedicated by system design for the delivery of one Class A video signal from the system headend to end users via a hard wire or other means regardless of whether such services are actually provided, including any channel designated for governmental, educational, or public use.
CHARGE. A one-time or non-regularly occurring cost paid by the subscriber or user, and which is associated with the installation, maintenance, service, or repair of the telecommunications system’s service.
CITY. The City of Linden, Michigan, or its lawful successor, which is the lawful legislative body for the City of Linden, Michigan.
COLLECTION CHARGE. A charge or fee imposed on a customer by a TCS provider for such providers efforts at collecting, or attempting to collect, a past due account.
CONVERTER. Any electric, electronic, or other device, separate and apart from the subscriber’s receiver, that is capable of converting or changing signals to a frequency not intended to be susceptible to interference within the television, video, or data receiver of a subscriber, and by an appropriate channel or other type of selector may also permit a subscriber to view or otherwise use signals delivered at designated dial locations, or such other reception and use allocations as may be applicable and required for the practical use of the signal.
CUSTOMER. A subscriber, or actual subscriber, or actual user of the services and/or facilities of the TCS system provided by a TCS provider.
DBS. Direct broadcasting satellite.
DBS PROVIDER or DIRECT BROADCAST SATELLITE PROVIDER. Any person who delivers and/or provides TCS services from a satellite to a subscriber’s residence through the use of a small earth or satellite station.
DECODER or DESCRAMBLER. A device which enables a subscriber to convert a scrambled signal into a viewable or otherwise useable signal.
DISASTER EMERGENCY or DISASTER or EMERGENCY. An imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of all, or a representative portion of the residents of the city is threatened. A DISASTER EMERGENCY (by illustration) may include a snowstorm, flood, tornado, severe thunderstorm, hazardous waste infiltration, petroleum, munitions, nuclear explosion, or aircraft crash.
DROP. A small branch of cable, or other transmitting medium, which connects the terminals on the back of the subscriber’s receiver to the feeder cable or future technical equivalent on the street, easement, right-of-way, or public way.
EASEMENT. Includes any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever, including cable television, or any other TCS provider. EASEMENT shall include a private easement used for the provision of cable service or any other telecommunications service.
FCC or FEDERAL COMMUNICATIONS COMMISSION. The federal administrative agency, or lawful successor, authorized to oversee cable television and other TCS regulation on a national level.
FIBER OPTICS. Very thin and pliable cylinders, or strands of glass or plastic, or any future developed technical equivalent, used to carry wide bands of multiple frequencies.
FRANCHISE. The initial authorization, or subsequent renewal granted by the City Council/Franchising Authority in order for a person to construct, operate, and maintain a franchised TCS system in all, or part, of the city.
FRANCHISE or FRANCHISE AGREEMENT. The nonexclusive rights granted pursuant to this chapter to construct and operate a cable or other telecommunications system along the public way within all of or a specified area in the municipality. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the municipality as required by other ordinances and laws of the franchising authority. FRANCHISE and FRANCHISE AGREEMENT shall both also mean an agreement between the grantor and a grantee, approved by resolution of the City Council, containing the specific provisions of a franchise granted, including referenced specifications, franchise applications, and other related material.
FRANCHISE AUTHORITY or CITY COUNCIL/FRANCHISING AUTHORITY. The City Council for the City of Linden, Michigan. This definition specifically includes the situation wherein the City Council in its franchising authority capacity grants a franchise, or renews a franchise, or approves a franchise transfer by an applicant for a TCS franchise, or a franchised TCS provider.
FRANCHISE EXPIRATION. The date of expiration, or the end of the term of a franchised TCS provider, as provided under a franchise agreement.
FRANCHISE FEE. The license, use, or rental fee required by the grantor of a grantee in consideration of a limited grant for the use of the public streets and rights-of-way.
FRANCHISED TCS PROVIDER. A person that is awarded a franchise by the City Council/Franchising Authority to construct and operate a franchised TCS system, within all, or part, of the city. The term FRANCHISED TCS PROVIDER specifically includes the term CABLE OPERATOR.
GRANTEE. Any person receiving a franchise pursuant to this chapter and under the granting franchise ordinance, and its lawful successor, transferee, or assignee.
GRANTOR or MUNICIPALITY. The City of Linden as represented by the City Council or any delegate acting within the scope of its jurisdiction.
HEADEND. The electronic control center, where incoming signals, including those of television broadcast stations are amplified, modulated, filtered, converted, or in any way processed or converted for redistribution to subscribers. The HEADEND processes the TCS system’s return capability and provides interface between the subscriber and any institutional networks or any other networks, transmission, or retransmission facilities.
HOLIDAY. A day in which a substantial portion of the areas workers are exempt from work even though paid, including, but not limited to, all HOLIDAYS recognized by either the state or federal government.
HUB. The satellite or remote receiving, processing, and/or transmitting facility, enabling the signal to be extended beyond the physical/electronic capabilities of the TCS electronics and/or serve as a remote switching facility.
INSTITUTIONAL NETWORK. A communications network which is constructed and operated by the TCS provider and which is generally available only to subscribers who are not residential subscribers.
LATE CHARGE. A charge which is added to a subscriber’s account or bill for non-payment of a previously due and delinquent account.
MDS. Multi-point distribution system.
MDS PROVIDER or MULTI-POINT DISTRIBUTION SYSTEM PROVIDER. Any person or group of persons who is authorized by the FCC to transmit (via super high frequency) specialized telecommunications programming or data or facsimile transmission to subscriber selected locations.
MULTI-CHANNEL PROGRAMMING SERVICE or MULTI-CHANNEL SERVICE. The one-way transmission to subscribers of video programming, or other programming service and subscriber interaction, if any, which is required for the selection of such video programming or other programing service.
NORMAL BUSINESS HOURS. The weekday or weekend hours when a TCS provider customer service office is regularly open for processing customer service inquiries, requests, and/or complaints.
ORDINANCE. This City of Linden Telecommunications Service Regulatory Ordinance.
OTHER PROGRAMMING SERVICE. Information that a TCS provider (specifically including a cable operator) makes available to all subscribers generally.
PAY-PER-VIEW or PREMIUM CHANNEL. The delivery over the TYCS system of audio and/or video signals in an unintelligible form to subscribers for a fee or charge (over and above the charge for standard or basic service) on a per-program or per-channel basis where said unintelligible or unusable form for viewing is made intelligible only to subscribers paying a separate fee or charge for the viewing or use of the signals.
PERSON. Any individual, corporation, business trust, estate, trust, partnership, association of two or more persons having a joint common interest, governmental agency, or other legal entity, including the city.
PROPOSED ABANDONMENT OF MULTI-CHANNEL SERVICE or PROPOSED WITHDRAWAL OF TCS SERVICE or PROPOSED CESSATION OF TCS SERVICE. The anticipated, contemplated, imminent, or expected (either voluntary or involuntary) disruption, discontinuance, desertion, or removal of a TCS provider’s operation and provision of TCS service from all, or part, of the city for a projected period exceeding three months in duration.
PUBLIC, EDUCATIONAL, OR GOVERNMENTAL ACCESS FACILITIES. Channel capacity designated exclusively for public, educational, or governmental use and facilities and equipment for the use of such channel capacity.
PUBLIC WAY. Any public street, public way, public place, or rights-of-way, now laid out or dedicated, and all extensions thereof, and additions thereto, in the area served by the TCS provider.
RATE. The monthly, bi-monthly, quarterly, semi-annual, annual, or other periodic price by a subscriber in order to receive standard or basic, tiered, clustered, premium, or pay-per-view TCS service.
REASONABLE NOTICE. Written notice addressed to a grantee at its principal office or such other office as a grantee has designated to the grantor as the address to which should be transmitted to it, which notice shall be delivered by first class, certified U.S. mail.
REASONABLE ORDER. A written order from the city to a grantee that does not require, in the opinion of a reasonable person, either excessive or extreme response by a grantee which is beyond the intention of a franchise agreement.
RESIDENT. Any person residing in the city as otherwise defined by applicable law.
REVOCATION, TERMINATION, or NON-RENEWAL. An official act by the city whereby the City Council/Franchising Authority removes, repeals, or rescinds previously approved authorization for a licensed for franchising TCS provider to conduct the running of a TCS system within the city.
SECTION. Any section, division, or provision of this chapter.
SERVICE CLUSTER. The grouping, aligning, or packaging of one or more TCS programming services by category (such as sports and/or news), or by rate, or by some other identifiable method, and charging a separate price or rate for each SERVICE CLUSTER.
SERVICE DAY. Any day or other 24-hour period, other than a Sunday, in which employees of the TCS provider regularly respond to service requests and calls.
SERVICE OUTAGE. The loss of picture or sound on all standard or basic subscriber channels, or one or more auxiliary programming channels (including tiers and clusters), and which is not caused by the subscriber’s television receiver or by the subscriber.
SERVICE TIER. A category of TCS service or other programming service provided by a TCS provider, and for which a separate rate is charged by a TCS provider.
SMAT. A satellite master antenna television system.
SMATV OPERATOR or SATELLITE MASTER ANTENNA TELEVISION OPERATOR. Any person or group of persons who: provides TCS service over a SMATV system; or otherwise controls or is responsible for, through any arrangement, the management of a SMATV system.
SMATV SYSTEM. A private TCS system, not crossing any public right-of-way and which is located on private property, and serving private dwellings. TCS programming services are obtained via an earth station, amplification, and a distribution system.
STANDARD TCS SERVICE. The lowest priced or least comprehensive service cluster or service tier available to residential subscribers.
STATE. The State of Michigan.
STREET. The surface of, and the space above and below, a public street, road, highway, land path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by the city (including any STREET, as defined, which is acquired by eminent domain) for the purposes of public travel and shall include other easements or rights-of-way now or hereafter held by the city (including any easements or rights-of-way acquired by eminent domain) which shall, with their proper use and meaning, entitle the city and TCS provider to use thereof for the purpose of installing or transmitting TCS system transmissions over poles, wires, cable, conductors, ducts, conduits, viaducts, manholes, amplifiers, appliances, attachments, and other property as may ordinarily be necessary and pertinent to a TCS system.
SUBSCRIBER or USER. A person lawfully receiving TCS service delivered by a TCS provider.
TCS PROVIDER. Any person or group of person who: provides electronic communications services(s) over a system of individual or multiple channels and directly or indirectly owns a significant interest in such a system; or who otherwise controls or is responsible through any arrangement, the management and operation of such a TCS system.
TCS SERVICE. Any telecommunications service provided as the result of a franchise award subject to this chapter and those services normally and usually provided by a cable operator. DBS operator or direct broadcast satellite provider, MDS provider or multi-point distribution system provider, MMDS provider, and SMATV operator, and any other future electronic communication service which may utilize any or all of the public rights-of-way for the distribution and/or transmission of its services to the public.
TELECOMMUNICATIONS ADVISORY COMMITTEE or COMMISSION. The Telecommunications Advisory Committee or Commission for the City of Linden, Michigan.
U.S.C. The United States Code.
USER. A person or organization utilizing a telecommunications system and/or its equipment for purposes of production and/or transmission of material, as contracted with receipt thereof in a subscriber capacity.
USER FEE. Any fee required by the municipality in payment for the private use of the public streets, easements, public ways, or rights-of-way in order to construct, maintain, and operate a TCS information distribution or collection system.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
WORK DAY. A day in which the city offices are regularly open for business.
(2011 Code, § 14.02.030)