For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meanings given herein, unless the context clearly indicates that another meaning is intended. The word “shall” is always mandatory, and not merely directory.
Access Channels shall mean those channels set aside for specific access purposes, as described in Sections 611 and 612 of the Cable Act.
Annual Gross Revenue shall mean all gross revenues received by the Franchisee from the operation of the Cable Television System pursuant to this Franchise, but shall not include any amount of (i) tax; fee; assessment; or charge of any kind collected by the Franchisee on behalf of any governmental authority or (ii) any amount assessed to satisfy any requirement imposed upon Franchisee to support public, educational, or governmental channels or the use of such channels.
Application shall include all written communications, in whatever form, made by the Franchisee to the Village concerning the construction, rendition of services, maintenance, or any other matter pertaining to the Cable Television System contemplated herein.
Basic Cable Subscriber Services; Basic Cable Service shall mean the lowest priced tier of service which includes the retransmission of local television broadcast signals as defined in the Cable Act.
Board of Trustees; Board shall mean the present governing body of the Village or any successor to the legislative powers of the present Board of Trustees.
Cable Act shall mean the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992.
Cable Television System shall mean any facility which consists 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 provides other communications services.
Channel shall mean a band of frequencies in the electromagnetic spectrum which is capable of carrying either one (1) audio-video television signal and/or a number of non-video signals.
Chief Administrative Officer shall mean the existing or succeeding Mayor of the Village of Marissa, Illinois, or such other Village official as the Board of Trustees may designate as Chief Administrative Officer.
Federal Communications Commission, FCC shall mean that administrative agency of the Federal government responsible for cable television regulation on a national level, or its lawful successor.
Franchise shall mean the permission, license or authorization given hereunder to construct, operate and maintain a Cable Television System in the Village of Marissa, including this Ordinance.
Franchisee shall mean any grantee under this Ordinance receiving a franchise granted herein; or the successors, transferees or assignees of such grantee.
Good Cause shall represent that set of facts and circumstances which, in an individual case, a reasonable person would adjudge to be beyond Franchisee’s reasonable control and which would, therefore, represent a justifiable excuse of nonperformance. 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, damage to the equipment of Franchisee by the Village or a third party, the fulfillment of any Federal, state and/or local governmental or regulatory restrictions or requirements, national emergency, uncontrollable material shortages, fire, earthquakes or the elements and acts of God.
Normal Service Interval shall mean the period between the time that Franchisee will begin working on service problems as specified in Section 76.309(c)(2)(ii) of the Rules and Regulations of the Federal Communications Commission as it may be amended from time to time.
Ordinance as used herein shall include this Ordinance and as the same from time to time may be amended.
Person shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
Mayor shall mean the existing or succeeding Chief Executive Officer of the Village, or his/her designee.
State shall mean the State of Illinois.
Street shall mean the surface of and the space above and between any public street, road, highway, freeway, land, 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 Franchisee to the use thereof for the purpose 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.
Subscriber shall mean a purchaser of any service delivered over the system to an individual dwelling unit or of service to be utilized in connection with a business, trade or profession.
Village shall mean the Village of Marissa.
Village Engineer shall mean the existing or succeeding Director of the Engineering Department of the Village, or his/her designee.
Village Clerk shall mean the existing or succeeding Village Clerk of the Village of Marissa, Illinois.
Village Attorney shall mean the existing or succeeding retained legal counsel of the Village or his/her assistants.
There is hereby granted by the Village of Marissa to New Wave, L.L.L.P. (“Franchisee”), its successors and assigns, the right, privilege and Franchise to construct, operate, maintain and upgrade a Cable Television System within the franchise area as herein defined, for a period of fifteen (15) years from the effective date of this Ordinance, subject to the conditions and restrictions as hereinafter provided. On the fifth (5th) and tenth (10th) anniversary of this Ordinance, both the Village and the Franchisee may, at either party’s option, review the franchise agreement, including but not limited to, performance, signal quality, local origination, and technical standards that have occurred which affect cable television system operations. The parties shall enter into good faith negotiations should it appear necessary to amend this Ordinance on the fifth (5th) or tenth (10th) anniversary.
The right to use and occupy said franchise Territory as defined in Section 9-1-4 herein for the purposes herein set forth shall not be exclusive, and the Village reserves the right to grant a similar use of said franchise area to any person or entity at any time during the period of this Franchise, in accordance with state and federal law. The Village shall not authorize or permit another Cable Television System to operate within the franchise territory on terms or conditions more favorable or less burdensome to such operator than those applied to Franchise pursuant to this Franchise. If the Village authorizes or permits another Cable Television System to operate within the Franchise territory, it shall do so on condition that such Cable Television System indemnify and hold harmless the Franchisee for and against all costs and expenses incurred in strengthening poles, rearranging attachments, placing underground facilities, and all other costs including those of Franchisee, the Village, and utilities, incident to inspections, make ready, and construction of an additional Cable Television System in the Franchise territory, and Franchisee shall be designated a third party beneficiary of such conditions as are incorporated into the authorizations granted to another Cable Television System.
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