For the purposes of this franchise, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words in the singular number include the plural number; the word "shall" is always mandatory and not merely directory; the word "may" is directory and discretionary and not mandatory.
APPLICABLE LAWS: Any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority of competent jurisdiction.
BASIC CABLE SERVICE: Any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming. "Basic cable service" as defined herein shall not be inconsistent with 47 USC section 543(b)(7).
CABLE SERVICE OR SERVICE: A. The one-way transmission to subscribers of: 1) video programming; or 2) other programming service; and
B. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. "Cable service or service" as defined herein shall not be inconsistent with the definition set forth in 47 USC section 522(6).
CABLE SYSTEM OR SYSTEM: A system of antennas, cables, wires, lines, towers, waveguides, or other conductors, converters, equipment, or facilities located in the city and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing audio, video, and data. "System" as defined herein shall not be inconsistent with the definition set forth in 47 USC section 522(7).
CHANNEL OR CABLE 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 defined by the federal communications commission.
CITY: The city of Mendota Heights, a municipal corporation, in the state of Minnesota, acting by and through its city council, or its lawfully appointed designee.
CITY COUNCIL: The governing body of the city of Mendota Heights, Minnesota.
CLASS IV CABLE CHANNEL: A signaling path provided by a cable system to transmit signals of any type from a subscriber terminal to another point in the system.
COMMISSION: The northern Dakota County cable communications commission or its successors or delegations, including representatives of the member cities as may exist pursuant to a then valid and existing joint and cooperative agreement and amended joint and cooperative agreement between member cities.
COMMISSION OFFICE OR COMMISSION FACILITY: The facility located at 5845 Blaine Avenue, Inver Grove Heights, Minnesota 55076-1401 or alternative location established in the commission's sole discretion.
CONVERTER: An electronic device which converts signals to a frequency acceptable to a television receiver of a subscriber and by an appropriate selector permits a subscriber to view all subscriber signals included in the subscriber's service.
DROP: The cable that connects the ground block on the subscriber's residence or institution to the nearest feeder cable of the system.
FCC: The federal communications commission and any legally appointed, designated or elected agent or successor.
FRANCHISE OR CABLE FRANCHISE: This chapter and the regulatory and contractual relationship established hereby.
GRANTEE: MediaOne of St. Paul, Inc., its agents, employees, lawful successors, transferees or assignees.
GROSS REVENUES: Any and all revenue received directly or indirectly by grantee, that is derived from the operation of the cable system to provide cable services. "Gross revenues" shall include, by way of example and not limitation, revenues from basic cable service, all cable service fees, pay television franchise fees, late fees, guides, home shopping, installation and reconnection fees, upgrade and downgrade fees, converter rental fees and lockout device fees. "Gross revenues" shall also include, to the extent permitted by applicable laws, internet access fees and cable modem service fees resulting from the provision of those services. The term "gross revenues" shall not include any taxes on services furnished by grantee imposed by any municipality, state, or other governmental unit and collected by grantee for such governmental unit, advertising revenue, studio rental and production equipment rental.
GUARANTY: A contract wherein the parent company, general partnership or other persons, firms or organizations whose financial standing is used to support the commitments of grantee will undertake to promise that the obligations, duties and liabilities may be assumed by and become the responsibility of guarantor.
INSTALLATION: The connection, by or on the behalf of the grantee, of the system from feeder cable to the point of connection with the subscriber converter or other terminal equipment.
INSTITUTIONAL NETWORK OR I-Net: A communications network which is described in section 13-1-11 of this chapter and which is generally available only to subscribers who are not residential subscribers.
LOCAL ORIGINATION: Programming produced by either the grantee or commission and/or city staff regarding issues and events affecting the member municipalities of the commission. Local origination programming may include public, governmental and educational access programming.
LOCKOUT DEVICE: An optional mechanical or electrical accessory to a subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the cable communication system.
MEMBER CITIES OR MEMBER MUNICIPALITIES: Those cities that are parties to a then valid and existing joint powers agreement which, at the time of granting this franchise, include Inver Grove Heights, Lilydale, Mendota, Mendota Heights, Sunfish Lake, South St. Paul, and West St. Paul.
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in the city are open to serve customers. 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 which are within the control of grantee. Those conditions which are not within the control of 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 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 system.
OTHER VIDEO PROGRAMMING: Information that a cable operator makes available to all subscribers generally.
PEG: Public, educational and governmental.
PAY TELEVISION: The delivery over the system of pay-per- channel or pay-per-program audiovisual signals to subscribers for a fee or charge, in addition to the charge for basic cable service or cable programming services as defined at 47 USC section 623.
PERSON: Any person, firm, partnership, association, corporation, company, or other legal entity.
RIGHT OF WAY OR RIGHTS OF WAY: The area on, below, or above any real property in the city in which the city has an interest including, but not limited to, any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of the city, including other dedicated rights of way for travel purposes and utility easements.
RIGHT OF WAY ORDINANCE: Any ordinance codifying requirements regarding regulation, management and use of rights of way in the city, including registration and permitting requirements.
SERVICE AREA OR FRANCHISE AREA: The entire geographic area within the city as it is now constituted or may in the future be constituted.
STANDARD INSTALLATION: Any installation which is located up to one hundred twenty five feet (125') from the existing distribution system.
SUBSCRIBER: A member of the general public who receives broadcast programming distributed by a cable system and does not further distribute it.
TELEVISION RECEIVER: Any device exclusive of a converter which is used by a subscriber to tune television signals including, but not limited to, standard television sets, video tape recorders, computer video tuner cards, or similar devices.
VIDEO PROGRAMMING: Programming provided by, or generally considered comparable to programming provided by, a television broadcast station. (Ord. 353, 2-15-2000)