Unless otherwise defined in a Franchise Agreement granted by the Village to a Cable Operator the following terms, phrases, words, and their derivations shall have the meanings given herein. 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. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section 955.02 the words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
(a) “Basic Service” shall have the meaning assigned to it under 47 CFR § 76.901(a), as may be amended by subsequent statute or regulation.
(b) “Cable Act” means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. §§ 521-611) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992) and the Telecommunications Act of 1996, Pub. Law No. 104-104, 110 Stat. 56 (1996), as each act might be further amended.
(c) “Cable Programming Service” shall have the meaning assigned to it under 47 CFR §76.901(b), as may be amended by subsequent statute or regulation.
(d) “Cable Service” means:
(1) The one-way transmission to Subscribers within the Village of (i) video programming, or (ii) Other Programming Service; and
(2) Subscriber interaction, if any, which is required for the selection or use of such video programming or Other Programming Service [See 47 U.S.C. §522(6)] including cable modem service over the Subscriber Network.
(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 Village, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;
(2) A facility that serves subscribers without using any public right-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §§201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. §541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(4) An open video system that complies with 47 U.S.C. §573; or
(5) Any facilities of any electric utility used solely for operating its electric utility system. (See 47 U.S.C. §522(7))
(f) “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 FCC regulation). [See 47 U.S.C. §522(4)]
(g) “Complaint” means any verbal or written inquiry, allegation or assertion made by a Person regarding the unsatisfactory performance of the Cable System or any portion thereof, or raises an objection to the customer service practices of an Operator.
(i) “Default” means the failure of an Operator to comply with any material term of this Chapter or the Operator’s Franchise Agreement in accordance with the specifications set forth.
(j) “Drop” means the cable that connects the Subscriber’s home, office, or building (as the case may be) to the nearest feeder cable of the Cable System.
(k) “Economic and Technical Feasibility” means capable of being provided: (a) through technology that has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner; and (b) in a manner that has a reasonable likelihood of generating additional revenues or other financial benefits for the Cable System over the remaining term of the franchise taking into consideration the size and characteristics of the Village of Millersburg market.
(l) “FCC” means the Federal Communications Commission, its designee, or any successor thereto.
(m) “Franchise Agreement” means an agreement between the Village and an Operator containing the specific provisions of the Franchise granted to the Operator, including specifications, requirements and other related matters.
(n) “Franchise” means an initial authorization or renewal thereof, issued by the Village, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement or otherwise, that authorizes the construction and/or operation of a Cable System.
(o) “Franchise Area” means that area of the Village in which the Village has granted a Franchise to an Operator.
(p) “Franchise Term” means the period of time for which the Village has granted a Franchise to an Operator as specified in the Franchise Agreement and as determined by Section 955.03
(d) of this Chapter.
(q) “Gross Revenues” means all revenue as determined in accordance with generally accepted accounting principles (including, without limitation, subscription, equipment, and advertising and home shopping revenue), earned directly or indirectly, by the Operator or any of its affiliates controlling, controlled by or under common control with the Operator, from, in connection with, or as a result of the grant of the Franchise, the distribution of any Cable Service over, or the provision of Cable Service over the Cable System.
(r) “Late Fees” means those fees paid by an Operator to the Village as more fully defined in Section 955.10
(a) of this Chapter.
(s) “Notice” means written notices to the address indicated in the Franchise Agreement.
(t) “Operator” or Cable Operator” means any Person receiving a Franchise from the Village pursuant to this Chapter, of with a Franchise pre-existing this Chapter and that Person’s agents, employees, officers, designees, or any lawful successor, transferee or assignee.
(u) “Other Programming Service” means information that a Cable Operator makes available to all Subscribers generally [See 47 U.S.C. §522(14)], including cable modem service.
(v) “PEG” means public, educational and governmental access.
(w) “PEG Access Facilities” or “Access Facilities” means Channel capacity designated for public, educational, or governmental use, and the facilities and equipment for the use of that Channel capacity.
(y) “Person” means any natural person or any association, firm, partnership, joint venture, corporation, limited liability company, or other legally recognized entity, private or public, whether for-profit or not-for-profit.
(z) “Public Property” means any real property owned by any governmental unit.
(aa) “Signal” means any transmission of radio frequency energy or of optical information.
(bb) “North Central / North Eastern Ohio” means counties in the State of Ohio which includes, among others, Knox, Ashland, Wayne, Stark, Tuscarawas, Medina and Cuyahoga Counties.
(cc) “State-of-the-Art” means technology and equipment that, subject to Economic and Technical Feasibility:
(1) Is reasonably obtainable and available for use with, or in an upgrade of, the Cable System; and
(2) Has the capability to perform the intended functions, for purposes other than test or experimentation, as demonstrated in:
A. Any other cable system owned and operated or managed by the operator, its parent, its ultimate parent or any of their affiliates, and
B. Any other cable system in North Central / North Eastern Ohio.
It is the Operator’s burden to show lack of Economic and Technical Feasibility.
(dd) “Street” means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right-of-way now or hereafter held by the Village.
(ee) “Subscriber” means any Person who lawfully subscribes to Cable Service provided by an Operator by means of or in connection with the Cable System whether or not a fee is paid for such Cable Service.
(ff) “Subscriber Network” means that portion of the Cable System over which Cable Services are provided primarily to residential Subscribers.
(gg) “Village” means the Village of Millersburg, Ohio.
(hh) “Village Franchise Fees” means those fees paid by an Operator to the Village for use of Streets and Public Property and for supervision of the Operator’s Franchise Agreement as more fully defined in 955.10
(a) of this Chapter.
(Ord. 2001-109. Passed 11-13-01.)