For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A/B SWITCH or INPUT SELECTOR SWITCH. Any device that enables a viewer to select between a cable service and off the air television signals. Such a device may be more sophisticated than a mere two-sided switch, may utilize other cable interface equipment, and may be built into consumer television receivers.
ACCESS CHANNEL or NONBROADCAST CHANNEL. A government, education, or public channel which is carried on a cable television system, but which is not part of any institutional network.
ANNUAL GROSS REVENUES OR GROSS RECEIPTS. All revenues derived by a franchisee from the operation of its cable system within the city, including, but not limited to, revenues derived from cable service, home shopping channels, institutional services, rental or lease of equipment, installation fees, or ancillary services, but excluding bad debt, sales tax, or other taxes or charges imposed in addition to its franchise obligations and collected for direct pass-through to the state or federal government.
BASIC CABLE TELEVISION SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
CITY. The City of Metropolis, Illinois, and all the territory within its presently existing or future territorial corporate limits. Where appropriate, the term CITY shall refer to it as a corporate entity and also include its officers, employees, and duly authorized representatives.
CONVERTER. Any electric or other device, separate and apart from the subscriber's receiver, that is capable of converting or changing signals to a frequency not intended to be susceptible to interference within the television, video, or data receiver of a subscriber, and by an appropriate channel or other type of selector may also permit a subscriber to view or otherwise use signals delivered at designated dial locations, or such other reception and use allocations as may be applicable and required for the practical use of the signal.
EASEMENT. Any public easement or other compatible use created by dedication, or by other means on behalf of the city for public utility purposes or any other purpose whatsoever, including cable television. EASEMENT shall include a private easement used for the provision of cable service.
FCC. The Federal Communications Commission or successor agency.
FRANCHISE. The initial authorization, or subsequent renewal, granted by the city (or franchising authority) in order for a person to construct, operate, and maintain a cable system in all, or part, of the city as implemented by and through a franchise agreement.
FRANCHISE AGREEMENT. Separate contractual agreement entered into by the city and the franchisee pursuant to this chapter which specifies the terms and conditions under which a cable system is to be constructed and operated.
FRANCHISE FEE. The fee paid to the city by the franchisee pursuant to the terms of the franchise agreement and as defined in 47 U.S.C. § 542(g).
FRANCHISEE. Any person or entity receiving a franchise pursuant to this chapter.
RATE. The monthly, bimonthly, quarterly, semiannual, annual, or other periodic price paid by a subscriber in order to receive cable service.
SERVICE TIER. A category of cable service or other programming service provided by a franchisee, and for which a separate or individual rate is charged by a franchisee.
STREETS and PUBLIC WAYS. The surface of and the space above and below any public street, sidewalk, alley, or other public way of any type whatsoever now or hereafter existing as such within the city.
SUBSCRIBER or CUSTOMER. A lawful user of the services and/or facilities of the cable system provided by a cable operator.
USER. A person or organization utilizing a cable system and/or its equipment for purposes of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(Ord. 96-9, passed 2-26-1996)