§ 116.004 DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (B)   When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number, and vice versa, and the masculine gender includes the feminine gender and vice versa. The words “shall” and “will” are mandatory and “may” is permissive. Unless otherwise expressly stated or clearly contrary to the context, terms, phrases, words and abbreviations not defined herein shall be given the meaning set forth in Title 47 of the United States Code, Chapter 5, Subchapter V-A, 47 USC §§ 521 et seq., as amended, and regulations issued pursuant thereto, and, if not defined therein, their common and ordinary meaning.
(`92 Code, § 8-1-5)
      ACTIVATED CHANNEL. Those channels engineered at the head-end of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether the services actually are provided, including any channel designated for public, educational or governmental use.
      AFFILIATE. A person that, directly or indirectly, owns or controls, is owned or controlled by or is under common ownership or control with another person. For purposes of this definition, the term OWN means to own an equity interest, or the equivalent thereof, of more than 10%.
      BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
      CABLE ACT. Title 47 of the United States Code, Chapter 5, Subchapter V-A, 47 USC §§ 521 et seq., as amended from time to time.
(`92 Code, § 8-1-6)
      CABLE CHANNEL or CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel, as television channel is defined by the Federal Communications Commission by regulation.
      CABLE OPERATOR. Any person or group of persons:
         (a)   Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or
         (b)   Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
      CABLE SERVICE.
         (a)   The one-way transmission to subscribers of:
            1.   Video programming; or
            2.   Other programming service.
         (b)   Subscriber interaction, if any, which is required for the selection or use of the video programming or other programming service.
      CABLE SYSTEM.
         (a)   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 programming and which is provided to multiple subscribers within a community, but the term does not include:
            1.   A facility that serves only to retransmit the television signals of one or more television broadcast stations;
            2.   A facility that serves subscribers without using any public right-of-way;
            3.   A facility of a common carrier which is subject, in whole or in part, to the provisions of subchapter II of Chapter 5 of Title 47 of the United States Code, except that the facility shall be considered a cable system (other than for purposes of 47 USC § 541(c)) to the extent the facility is used in the transmission of video programming directly to subscribers unless the extent of the use is solely to provide interactive on-demand services;
            4.   An open video system that complies with 47 USC 573; or
            5.   An facilities of any electric utility used solely for operating its electric utility system.
         (b)   CABLE SYSTEM also means a COMMUNITY ANTENNA TELEVISION SYSTEM, as defined in ILCS Chapter 65, Act 5, § 11-42-11.
      COMMON CARRIER. Any person engaged as a common carrier for hire, in interstate or foreign communications by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter, but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a COMMON CARRIER.
      FCC. The Federal Communications Commission, its designee or any successor governmental entity thereto.
(`92 Code, § 8-1-9)
      FEDERAL AGENCY. Any agency of the United Stated, including the Federal Communications Commission.
      FRANCHISE. An initial authorization, or renewal thereof, including a renewal of an authorization which has been granted subject to 47 USC § 546, issued by a franchising authority, whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a cable system.
      FRANCHISE AGREEMENT. A contract entered into in accordance with the provisions of this code between the village and a franchisee that sets forth, subject to this code, the terms and conditions under which a franchise will be exercised.
(`92 Code, § 8-1-10)
      FRANCHISE AREA. The area of the village that a franchisee is authorized to serve by its franchise agreement.
(`92 Code, § 8-1-11)
      FRANCHISE TRANSFER.
         (a)   Any transaction in which:
            1.   Any ownership or other right, title, or interest of more than 10% in a franchisee or its cable system is transferred, sold, assigned, leased, sublet, mortgaged or otherwise disposed of or encumbered directly or indirectly, voluntarily or by foreclosure or other involuntary means, in whole or in part;
            2.   There is any change in or substitution of, or acquisition or transfer of control of, the franchisee or any person which has more than a 10% interest in a franchisee or has responsibility for or control over a franchisee’s operations or over the system; or
            3.   The rights or obligations held by the franchisee under the franchise are transferred, directly or indirectly, to another person.
         (b)   CONTROL means the legal or practical ability to direct the affairs of another person, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lesser ownership interest or in any other manner.
         (c)   A rebuttable presumption that a change, acquisition or transfer of control has occurred shall arise upon the acquisition or accumulation of a 10% or larger ownership interest by any person or group of persons acting in concert, none of whom already have more than a 50% ownership interest, alone or collectively.
         (d)   Notwithstanding the foregoing, FRANCHISE TRANSFER does not include:
            1.   Disposition or replacement of worn out or obsolete equipment, property or facilities in the normal course of operating a cable system, including the renewal or extension of equipment or property leases and contracts;
            2.   Acquisition, transfer, sale or other disposition of leases, licenses, easements and other interests in real property in the normal course of operating a cable system and not involving the relinquishment of any right or power affecting the franchisee’s ability to provide services in whole or in part; or
            3.   Pledge or mortgage of a franchisee’s assets to a financial institution in return for sums necessary to construct or operate (or both) the cable system, provided that the pledge or mortgage and related agreements obligate and limit the financial institution as follows: any foreclosure or exercise of lien over the franchise or facilities shall only be by assumption of control over the entire cable system; prior to assumption of control, the institution shall notify the village that it or a designee acceptable to the village will take control of and operate the system, and shall submit a plan for the operation insuring continued service and compliance with this code and all franchise obligations during the term the institution exercises such control; and the institution shall not exercise control for longer than one year unless extended by the village for good cause and shall prior to the expiration of the period, as extended, obtain the village’s approval of a franchise transfer for the remaining term of the franchise or award of a new franchise to another qualified person to this code.
(`92 Code, § 8-1-12)
      FRANCHISEE. A person that has been granted a franchise by the village in accordance with this code.
(`92 Code, § 8-1-13)
      GROSS REVENUES.
         (a)   Any and all cash, credits, property or other consideration of any kind or nature, received directly or indirectly, by a franchisee or its affiliates or any person, arising from, attributable to, or in any way derived from the operation of a cable system to provide cable services, including the studios and other facilities associated therewith, within the village.
         (b)   GROSS REVENUES include, by way of illustration and not limitation, monthly fees charged subscribers for any basic, optional, premium, per-channel, per-program or other service; installation, disconnection, reconnection and change-in-service fees; leased channel fees; late fees and processing fees; fees or payments received from programmers for carriage of programming on the system, which does not include contributions of joint marketing efforts; revenues from rentals or sales of converters or other equipment; studio rental and production fees; advertising revenues; revenues from program guides; and revenues from home shopping and bank-at-home channels.
         (c)   GROSS REVENUES shall not include any franchise fees hereunder or any taxes on services furnished by a franchisee or other person which are imposed directly on any subscriber or user by the United States, the state, the village or other governmental unit and which are collected by a franchisee or other person on behalf of the governmental unit.
         (d)   GROSS REVENUES shall not include revenues of another person to the extent already included in the GROSS REVENUES of one person hereunder or any proceeds from the sale or exchange of the system.
         (e)   GROSS REVENUES shall not include revenues for goods and services which are not provided over the system, even if the goods and services are ordered using the system. In the event a person receives revenues for operations within and without the village of which no specific portion can be attributed to operations in the village, GROSS REVENUES with respect to the revenues shall mean the portion thereof derived by multiplying such revenues by a fraction, the numerator of which is the number of subscribers in the village and the denominator of which is the total number of subscribers in the area generating the revenues.
(`92 Code, § 8-1-14)
      INTERACTIVE ON-DEMAND SERVICES. A service providing video programming to subscribers over switched network on an on-demand, point-to-point basis, but does not include services providing video programming prescheduled by the programming provider.
      MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR. A person such as, but not limited to a cable operator, multi-channel multi-point distribution service, a direct broadcast satellite service or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming.
      NORMAL BUSINESS HOURS. Eight a.m. to 5:00 p.m. Monday through Friday.
(`92 Code, § 8-1-15)
      NORMAL OPERATING CONDITIONS. Those service conditions that are within the control of a franchisee. Conditions that are not within the control of a franchisee include, but are not limited to natural disasters, civil disturbances, power outages in excess of two hours in length, telephone network outages and severe or unusual weather conditions. Conditions that are within the control of a franchisee include, but are not limited to special promotions, rate increases, regular peak or seasonal demand periods, maintenance or upgrade of the cable system, and power outages of two hours or less in length.
(`92 Code, § 8-1-16)
      OTHER PROGRAMMING SERVICE. Information that a cable operator makes available to all subscribers generally.
      PERSON. An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation or other entity, or any lawful successor thereto or transferee thereof, but the term does not include the village.
(`92 Code, § 8-1-17)
      PUBLIC EDUCATION OR GOVERNMENTAL ACCESS FACILITIES.
         (a)   Channel capacity designated for public, educational or governmental use; and
         (b)   Facilities and equipment for the use of the channel capacity.
      PUBLIC RIGHTS-OF-WAY.
         (a)   The surface, the air space above the surface and the area below the surface of any public street, right-of-way, highway, lane, path, alley, way for public service facilities, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement, playgrounds, school grounds or similar property in which the village now or hereafter holds any property interest, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a cable system.
         (b)   No reference herein, or in any franchise agreement, to a PUBLIC RIGHT-OF-WAY shall be deemed to be a representation or guarantee by the village that its interest or other right to control the use of the property is sufficient to permit its use for the purposes, and a franchisee shall be deemed to gain only those rights to use as are properly in the village and as the village may have the undisputed right and power to give.
(`92 Code, § 8-1-18)
      RADIO COMMUNICATIONS. The transmission by radio of writing, signs, signals, pictures and sounds of all kinds, including all instrumentalities, facilities, apparatus and services (among other things, the receipt, forwarding and delivery of communications) incidental to the transmission.
      RFP. Request for proposal.
(`92 Code, § 8-1-19)
      SALE. Any sale, exchange or barter transaction.
(`92 Code, § 8-1-20)
      SERVICE INTERRUPTION. The loss of picture or sound on one or more cable channels.
(`92 Code, § 8-1-21)
      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.
      SUBSCRIBER. Any person who legally receives any cable service delivered over a cable system and the village in its capacity as a recipient of the service.
(`92 Code, § 8-1-22)
      TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or control of the information as sent and received.
      TELECOMMUNICATIONS SERVICE. The offering of telecommunications for a fee directly to the public or to the classes of users as to be effectively available directly to the public, regardless of the facilities used.
      USABLE ACTIVATED CHANNELS. Activated channels of a cable system, except those channels whose use for the distribution of broadcast signals would conflict with technical and safety regulations, as determined by the Federal Communications Commission.
      USER. A person utilizing part or all of a cable system for purposes of producing or transmitting video programming or other programming services as contrasted with the receipt thereof in the capacity of a subscriber.
(`92 Code, § 8-1-23)
      VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
      VILLAGE. The Village of Maryville, Illinois, and its agencies, departments, agents and employees acting within their respective areas of authority.
(`92 Code, § 8-1-7)
      VILLAGE BOARD. The governing body of the village.
(`92 Code, § 8-1-8)