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For the purpose of this title, the following terms, phrases, words and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meanings.
BASIC CABLE SERVICE: Any cable service tier that includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by this title or a franchise agreement to be carried on the basic tier. Basic cable service, as defined herein, shall be consistent with 47 USC section 543(b)(7)(1997).
BOARD: The village board of Milan, Illinois.
CABLE ACT: The cable communications policy act of 1984, Pub.L. no. 98-549 (codified at 47 USC sections 521 to 611 [1952 & supp. V 1987]), as amended by the cable television consumer protection and competition act of 1992, Pub.L. no. 102-385, and the telecommunications act of 1996, Pub.L. no. 104-104 (1996), as may from time to time be amended.
CABLE INTERNET SERVICE: Any cable service offered by a grantee whereby persons receive access to the internet through the cable system.
CABLE SERVICE OR SERVICE: A. The one-way transmission to subscribers of: 1) video programming; 2) other programming service; or 3) other services agreed to in a franchise agreement unless lawfully determined not to be a cable service;
B. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service; and
C. For purposes of this title, cable internet service shall be considered cable service unless determined otherwise by applicable law.
CABLE TELEVISION SYSTEM OR CABLE SYSTEM: 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 to multiple subscribers within the franchise area, but such term does not include:
A. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
B. A facility that serves subscribers without using any public right of way; or
C. A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 USC sections 201 to 226; except, that such facility shall be considered a cable system to the extent such facility, whether on a common carrier basis or otherwise, is used in the transmission of video programming directly to subscribers.
CAPITAL CONTRIBUTION: A contribution provided by a grantee as determined in a franchise agreement that may, at the discretion of the village, be utilized for the capital costs of the municipal access channel facilities, or to help defray the costs of an I-Net.
CAPITAL COSTS: Costs associated with the purchase of assets, products or other resources that are designed to provide service for more than one year.
CHANNEL: A portion of the electromagnetic spectrum that is capable of carrying one standard six (6) megahertz video signal, in either analog or digital form. Consistent with future changes in technology and/or applicable law, the parties may mutually agree to a different definition in an individual franchise agreement.
CLASS IV CABLE COMMUNICATIONS 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.
COMMUNITY ACCESS CORPORATION OR CAC: A nonprofit access corporation serving the village, its assignees or delegees, or any other entity designated by the grantor whose duties shall include the financing, management, and programming of public and educational access, and whatever other duties with respect to the PEG access channels that the grantor from time to time may delegate.
COMPLAINT: Any oral, written or electronic inquiry, allegation, or assertion made by a person regarding service.
CONSORTIUM: The villages and cities of Moline, East Moline, Coal Valley, Milan and Silvis.
CONSORTIUM SERVICE AREA: The geographic area including the villages and cities of Moline, East Moline, Coal Valley, Milan and Silvis.
CONVERTER: An electronic device that converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and, through the use of an appropriate channel selector, permits a subscriber to view all authorized subscriber signals delivered at designated converter dial locations.
DROP: The cable or cables that connect users of the system to the distribution system in order to receive service.
EDUCATIONAL ACCESS CHANNELS: Channels specially designated for noncommercial educational access programming use.
EFFECTIVE DATE: The date a franchise becomes effective in accordance with the franchise and the rules and procedures of the village.
FCC: The federal communications commission or a designated representative.
FRANCHISE: The rights and obligations extended by the village to a person to own, lease, construct, maintain, or operate a cable system in the right of way within the franchise area for the purpose of providing cable services. Any such authorization, in whatever form granted, shall not mean or include: a) any other permit or authorization required for the privilege of transacting and carrying on a business within the village required by the ordinances and laws of the village; b) any permit, agreement, or authorization required in connection with operations in the right of way including, without limitation, permits and agreements for placing devices on or in poles, conduits, or other structures, whether owned by the village or a private entity, or for excavating or performing other work in or along the right of way.
FRANCHISE AGREEMENT: A franchise granted pursuant to this title.
FRANCHISE AREA: The entire geographic area within the village as it is now constituted or may in the future be constituted.
FRANCHISE FEE: Any tax, fee, or assessment of any kind imposed by the village or other governmental entity on a grantee solely because of its status and activities as such. The term "franchise fee" does not include:
A. Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment that is unduly discriminatory against cable operators or cable subscribers);
B. Capital costs that are required by a franchise agreement to be incurred by a grantee for PEG access equipment and facilities and capital costs related to I-Net or F-Net equipment and facilities;
C. Requirements or charges incidental to the award or enforcement of a franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, compliance audits, penalties, or liquidated damages; or
D. Any fee imposed under title 17 of the United States Code.
GOVERNMENT ACCESS CHANNELS: Channels specially designated for noncommercial governmental access programming use.
GRANTEE: A person who is granted a franchise or that person's lawful successors, transferees, or assignees.
GRANTOR: The village of Milan, which may delegate the day to day administration of the franchise to appropriate village departments.
GROSS REVENUES: Any revenue derived directly or indirectly by a grantee from the operation of its cable system to provide cable service, within the franchise area, including revenues received by its affiliates, subsidiaries, parent, or any other person, in which a grantee has a financial interest of five percent (5%) or more, where such revenue in the ordinary course of business should have been paid to the grantee. By way of illustration and not limitation, this definition would include revenue derived from the sale of cable system advertising time by an affiliate of the grantee. Gross revenues shall include, but are not limited to, pay cable fees, installation and reconnection fees, franchise fees collected from subscribers, leased access channel fees, converter rentals, fees for cable internet service unless it is determined by applicable law that it is not a cable service, home shopping revenues, payments or other consideration received by the grantee from programmers for carriage of programming on the cable system accounted for as cable service revenue under GAAP, and advertising revenues. The term does not include taxes on services furnished by a grantee and imposed directly upon any subscriber or user by federal, state, or local law and collected by the grantee on behalf of such governmental unit, or amounts collected from subscribers for public, educational and government access; nor does the term include any revenues earned by the grantee through the provision of telecommunications services as defined under the telecommunications act of 1996.
INCREMENTAL COSTS: The costs actually incurred by a grantee in meeting an obligation under its franchise which the grantee would not otherwise have incurred in order to either operate and conduct the business of its cable system or meet another obligations of the franchise.
INSTITUTIONAL NETWORK OR I-NET: Capacity, fibers, or both, from both within the primary cable network and/or separately constructed networks that are dedicated to municipal users or other governmental and educational users as determined by the village administrator or his/her designee for two-way, broadband communications. The I-Net includes all equipment and maintenance of equipment required to make the capacity available including, but not limited to, fiber, cable modems, coaxial cable, switching, routing, transmitting and receiving equipment necessary for the use of the network as determined in the individual franchise agreement.
INSTITUTIONAL NETWORK SERVICES: The provision of an I-Net by a grantee to governmental, educational and other publicly funded users, as determined by the village, pursuant to the terms of the franchise agreement for noncommercial applications including, but not limited to, two-way dedicated voice, video, data and telephony channels connecting and interconnecting user facilities.
LOCKOUT DEVICE: A mechanical or electrical accessory to a subscriber's terminal that inhibits the video or audio portions of a certain program or certain channel(s) provided by way of a cable system.
MUNICIPAL TELECOMMUNICATIONS CONSENT FEE: A fee assessed on a telecommunications provider for the use of the village rights of way pursuant to 35 Illinois Compiled Statutes 636/5 et seq., or other applicable law. The grant of this franchise does not authorize and does not prohibit the provision of any service other than cable services as specified in the agreement; or in any way relieve the grantee of any other lawful obligation to comply with any requirements with respect to the use of the rights of way or the provision of such services. The grantor specifically reserves whatever rights it has under law to enforce requirements and provisions other than those contained in the agreement with respect to the grantee's provision of services other than cable services. By acceptance of the agreement, however, the grantee does not waive its right to challenge the lawfulness or enforceability of any provision of applicable law with respect to such services other than cable services, including any provision of law enacted or otherwise implemented by the grantor.
NONCOMMERCIAL: Channels or programming that is operated on a not for profit basis.
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in the community are open to serve customers. In all cases, normal business hours must include some evening hours, at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS: Any and all situations or conditions that are ordinarily within the control of a grantee, including, but not limited to, management or corporate decisions; employee conduct; staffing levels; special promotions; pay per view events; rate increases; regular peak or seasonal demand periods; electronic and video equipment; maintenance, repair or upgrade of the cable system, and any associated computer or software systems. Those conditions that are not within the control of a grantee include, but are not limited to, natural disasters; civil disturbances; power outages; telephone network outages; and severe or unusual weather conditions.
OTHER PROGRAMMING SERVICE: Information that a grantee makes available to all subscribers generally.
PERSON: Any corporation, partnership, proprietorship, individual, organization, governmental entity or any natural person.
PUBLIC ACCESS CHANNELS: Channels specially designated for noncommercial public access programming use.
RESIDENT: Any person residing in the village.
RIGHT OF WAY: Each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the village, including, without limitation, the surface and space within, above and below any real property in which the village has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to, any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, swale, river, tunnel, viaduct, bridge, park, or any other place, area, easements, rights of way and similar public property and areas, or real property owned by or under the control of the village.
SERVICE INTERRUPTION: The loss of picture or sound on one or more channels on the system, or the degradation of the picture and/or sound quality on such channels to the extent that the subscriber is unable to use the signals, regardless of the cause, for any reason whatsoever.
STANDARD INSTALLATION: Any service installation that can be completed using a drop of one hundred twenty five feet (125') or less, unless otherwise specified in the franchise agreement.
SUBSCRIBER: Any person who or which elects to subscribe for any purpose to cable service provided by a grantee by means of, or in connection with, the cable system, and whose premises or facilities are physically wired and lawfully activated to receive cable service from the grantee's cable system, including persons who elect to receive cable service without charge according to the terms of the franchise agreement.
VILLAGE: The village of Milan, Illinois. (Ord. 1241, 6-18-2001; amd. 2011 Code)