As used in this chapter, the following terms shall have the following definitions:
(a) "The Act" or "Cable Act" refers to the Cable Communications and Franchise Policy Act of 1984 (Public Law No. 98-549).
(b) "Application" includes all written proposals in whatever form made by the Grantee to the City concerning construction, rendition of services, maintenance, or any other matter pertaining to the cable television system contemplated herein.
(c) "Basic cable service" means any service tier which includes the retransmission of local television broadcast signals.
(d) "Cable service" means:
(1) The one-way transmission to subscribers of video programming, or other programming service, and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
(e) "Cable system" means 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 the community, but such 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 only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right of way;
(3) A facility of 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 Section 621(c) of the Act to the extent such facility is used in the transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility systems.
(f) "Cable channel" or "channel" means 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).
(g) "City" means the City of Massillon, Ohio, a municipal corporation in and of the State of Ohio, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form and its duly authorized officials acting on its behalf.
(h) "City Council" or "Council" means the present governing body of the City or any successor to the legislative powers of the present City Council.
(i) "County" means the County of Stark.
(j) "Director of Administration" means the existing or succeeding chief administrative officer of the City or his designate.
(k) "Federal Communications Commission" or "FCC" means that administrative agency of the Federal government responsible for cable television regulations on a national level or its lawful successor.
(l) "Franchise" means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to Section 626 of The Act), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction and/or operation of a cable system.
(m) "Grantee" means a cable television company, its successors, transferees or assigns, the recipient of a franchise.
(n) "Gross revenues" means all cash, credits, property of any kind or nature derived directly or indirectly by a Grantee, from all charges for entertainment and non-entertainment service as provided to subscribers in Massillon.
(o) "Law Director" means the City's Attorney or his/her assistants.
(p) "Normal service interval" means the period between the time that the Grantee is notified by a subscriber of a service deficiency and the close of the second business day following the receipt of such notice.
(q) "Person" means any individual or association of individuals, or any firm, corporation or other business entity.
(r) "State" means the State of Ohio.
(s) "Service Director" means the existing or succeeding Director of the Department of Service of the City, or his/her designate.
(t) "Street" means the surface and the space above and below 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 City for purpose of public travel, and shall include such other easements or rights of way as shall be now held or hereafter held by the City 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.
(u) "Substantial uniformity" means having incorporated all terms and provisions of this chapter which may legally be contracted for between the City and Grantee into the acceptance.
(v) "Television repairman" means a person whose primary source of income to derived from the repair of television sets.
(Ord. 58-1989. Passed 5-1-89.)