For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning 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. 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.” Any service tier which includes the retransmission of local television broadcast signals.
(b) “Cable television system” or “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 and which is provided to multiple subscribers within the village. Such term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that serves only subscribers in one or more multiple unit dwellings, unless such facility or facilities use any public right-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title 11 of the Communications Act of 1934, except that such facility shall be considered a cable system to the extent such facility is used in the retransmission of video programming directly to subscribers; or
(4) Any facility of any electric utility used solely for operating its electric utility system.
(c) “Cable service.”
(1) The one-way transmission to subscribers of video programming (i.e., programming provided by, or generally comparable to programming provided by, a television broadcast station); and
(2) Subscriber interaction, if any, which is required for the selection of such video programming.
(d) “FCC.” The Federal Communications Commission, or any successor thereto, having jurisdiction over cable television.
(e) “Force majeure.” Strikes; work stoppages; acts of God; acts of public enemies; orders of any kind of a government of the United States or of this state or any of its departments, agencies or political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, tornadoes, volcanic activity, storms, floods, washouts, droughts, civil disturbances, explosions, partial or entire failure of utilities; or any other cause or event not reasonably within the control of the disabled person.
(f) “Grantee.” Any person authorized by the village to provide cable service within the village and such person’s agents, lawful successors, transferees or assignees.
(g) “Gross revenues.” Basic subscriber revenue and premium service revenue. For the purposes of the agreement, basic subscriber revenue means all revenues or other consideration collected from subscribers in the village, by or for the operator or its affiliated lessees, arising from the sale of the operator’s basic service. Revenues paid by non-affiliated lessees to the operator for a channel for provision of cable service to subscribers shall be included in basic subscriber revenue if they are provided as part of basic service. Premium service revenue means all revenues or other consideration collected from subscribers, by or for the operator or its affiliated lessees, arising from the sale of any premium service. Revenues paid by non-affiliated lessees to the operator for a channel for provision of cable service to subscribers shall be included in premium service revenue if they are provided as part of premium service. Specifically excluded from premium service revenue are revenues on home security systems, T. Load management services, data transmission services and such other services as approved by the Village Council. Gross revenues shall not include excise taxes, sales taxes, or copyright fees, or any other taxes or fees, including the franchise fee, which are imposed on the grantee or any subscriber by any governmental unit and collected by the grantee for such governmental unit.
(h) “Person.” Any corporation, partnership, proprietorship or organization authorized to do business in the state, or any natural person.
(i) “Public property.” Any real property other than a street owned by any governmental unit.
(j) “State.” The State of Ohio.
(k) “Street.” The surface of and the space above and below any street, road, highway, freeway, lane, path, way, alley, court, sidewalk, boulevard, parkway or drive, or any public easement or right-of- way now or hereafter held by the village, which shall entitle the grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, confluents, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a system.
(l) “Village.” The Village of Minerva Park, as the same now or in the future may exist.
(Ord. 9-97, passed 8-11-1997)