When used in this chapter, the following terms shall be defined as indicated below. Terms used in this chapter but not defined below which are defined in the Act shall have the meanings set forth in 47 U.S.C. § 522.
ACT shall mean the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, as further amended by the Cable Television Consumer Protection and Competition Act of 1992, codified in 47 U.S.C. § 521 et seq.
APPLICANT shall mean all officers, agents, employees and representatives seeking an approval, grant, or permit under this chapter.
CABLE SYSTEM means a closed transmission oath and associated signal generation, reception and control equipment and other communications equipment, including any headend, antenna, wire, cable, line, tower, pole, amplifier, converter, fiber optic line, that is designed to provide cable service which includes video programming and other services and which is provided to multiple subscribers within a community, but such term does not include: (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) 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 rights-of-way; (iii) a facility of a common carrier which is subject, in whole or in part, to the provision of Title II of the Act, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or (iv) any facilities of any electric utility used solely for operating its electric utility systems.
CHANNEL means a frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals or some combination of such signals.
COMPLAINT means a complaint that results in a service call or written indication from a subscriber of a problem with any aspect of cable service.
CONVERTER means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view signals delivered at designated converter dial locations at the set or by remote control.
DAYS means calendar days unless otherwise specified.
FCC shall mean the Federal Communication Commission and any legally appointed or elected successor.
FRANCHISE shall mean an initial authorization or renewal thereof, voluntarily entered into by the franchisee and issued by the town, whether such authorization is referred to as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system in the town. All franchises shall be nonexclusive. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the town as required by other code provisions and ordinances of the town.
FRANCHISE APPLICATION shall mean an application for an initial award or renewal of a franchise.
FRANCHISE AREA means the portion of the town for which a franchise is granted under the authority of this code. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the town, including all territory thereafter annexed to the town. The franchisee shall be notified in writing of any annexations to the Town.
FRANCHISEE shall mean the person, whether natural, corporate, or otherwise, domestic or foreign, to whom a franchise is granted by the town under this chapter, and the lawful successor, transferee, or assignee of such person.
FRANCHISE FEE means the percentage, as specified by this code, of the franchisee's gross annual revenues derived from the operation of the cable system in the Town and which is payable in exchange for the rights granted pursuant to this code and the franchise.
GROSS ANNUAL REVENUES means all receipts derived directly or indirectly from the operation of the system in the franchise area, including but not necessarily limited to the supplying of regular subscriber service, that is, monthly service charges, installation charges, disconnect and reconnect fees, fees derived and collected from access and origination channels, all revenues received by the franchisee for Pay-Per-View, leased channels, premium channels, pay television, and other equipment and services provided over the cable system in the Town to subscribers. The phrase "gross annual revenues" shall not include any fees or taxes which are imposed directly on any subscriber thereof by any governmental unit or agency, and which are collected by the Franchisee on behalf of that entity. Nor shall the phrase include any debts for service or equipment owed but uncollected by the Franchisee.
INSTALLATION shall mean the connection of the system from feeder cable to the subscribers' terminal(s).
MONITORING means observing a communications signal, or the absence of a signal, where the observer is not a party to the communication, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
NEWSPAPER OF GENERAL CIRCULATION shall mean a newspaper appropriate for the placement of legal notices as defined by Chapter 50, Florida Statutes.
PUBLIC RIGHT-OF-WAY means the surface, the air space above the surface, and the area below the surface of any public street, sidewalk, bridge, waterway, utility easement, or other public property, which shall entitle the town and the franchisee to the use thereof for the purpose of installing and maintaining the franchisee's cable television system. No reference herein, or in any franchise, to the "public right-of-way" shall be deemed to be a representation or guarantee by the town that its title to any property is sufficient to permit its use for such purpose, and the franchisee shall, by its use of such terms, be deemed to gain only such rights to use property in the town as the town may have the undisputed right and power to give.
SUBSCRIBER shall mean a person lawfully using or receiving cable services on a particular cable system from a franchisee.
TRANSFER means the disposal by the franchisee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest in the system, or thirty-five percent (35%) cumulatively over the term of the Franchise of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control.
(Ord. 94-05, passed 12-14-94)