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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC CABLE. The lowest priced tier of service that includes the retransmission of local broadcast television signals.
CABLE ACT. The Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, as amended.
CABLE OPERATOR. The same as the definition used in the Cable Act, as amended.
CABLE SERVICE. The same as the definition used in the Cable Act, as amended.
CABLE SYSTEM. The same as the definition used in the Cable Act, as amended.
CITY. The City of Marshalltown and the geographical area within the corporate boundaries of the city.
FCC. The Federal Communications Commission, or successor governmental entity thereto.
FRANCHISE. The initial authorization or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable system.
FRANCHISING AUTHORITY or GRANTOR. The City Council or the lawful successor, transferee or assignee thereof.
GRANTEE. Any person, firm, corporation or other entity granted a franchise under this chapter or the lawful successor, transferee or assignee thereof.
GROSS REVENUES. Any and all revenue received by the grantee from the operation of the cable system in the service area, to provide cable services; provided, however, that, such phrase shall not include any fees or franchise fees or taxes which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency, and which are collected by the grantee on behalf of such governmental unit or agency.
HEAD-END. The land, electronic processing equipment, antennas, tower, building and other appurtenances normally associated with and located at the starting point of a cable system.
HOUSE DROP. A cable that connects each building or home to the nearest feeder line of the cable network.
NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the community are open to serve subscribers. In all cases, NORMAL BUSINESS HOURS shall include some evening hours at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS. Those service conditions that are within the control of the grantee. Those conditions that are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages 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, regular peak or seasonal demand periods and maintenance or upgrade of the cable system.
OUTLET. The point of connection of the cable or wire to a television.
PERSON. An individual, partnership, association, joint stock company, trust, corporation or governmental entity.
PRIVATE PROPERTY. All property, real, personal or mixed, owned by a private person, including property owned by a public utility not owned or operated by the city.
PROPERTY OF THE GRANTEE. All property, real, personal or mixed, owned or used by the grantee, however arising from or related to or connected with the franchise.
PUBLIC ACCESS CHANNEL. Channel capacity designated for public use.
PUBLIC PROPERTY. All property, real, personal or mixed, owned or used by the city, including property owned or used by a public utility owned or operated by the city.
PUBLIC WAY. The surface of and the space above and below any public street, highway, freeway, bridge, land, path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon held by the franchising authority in the service area which shall entitle the franchising authority and the grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the system. The term PUBLIC WAY shall also mean any easement held by the franchising authority within the service area for the purpose of public travel or for utility or public service use dedicated for compatible uses and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the franchising authority and the grantee to the use thereof for the purposes of installing and operating the grantee’s cable system over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to the cable system.
SERVICE AREA. The present municipal boundaries of the franchising authority.
SERVICE INTERRUPTION. The loss of video or audio on one or more channels.
SERVICE TIER. A category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator.
SHALL and WILL. The acts referred to are mandatory; the term MAY is permissive.
SUBSCRIBER. A person or user of the system who lawfully receives communications and other services therefrom with the grantee’s express permission.
(2013 Code, § 8-1.1) (Ord. 14586, passed 4-13-1998)