For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein:
ADDITIONAL SERVICE: Any subscriber service provided by the grantee for which a special charge is made based on program or service content, time, or spectrum space usage.
BASIC SERVICE: All subscriber services provided by the grantee in one or more service tiers, which includes the delivery of local broadcast stations, and public, educational and government access channels. The basic service does not include optional program and satellite service tiers, a la carte services (to the extent such services are not basic service under FCC rules), per channel, per program, or auxiliary services for which a separate charge is made. However, grantee may include other satellite signals on the basic service.
CABLE MILE: Any extension of feeder or trunk measured from the nearest point of distribution with adequate signal strength to allow for expansion.
CABLE SYSTEM OR SYSTEM OR CABLE TELEVISION SYSTEM: A system of antennas, cables, wires, lines, towers, wave guides, or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video, data and other forms of electronic, electrical or optical signals, which includes cable television service and which is located in the village. The definition shall not include any such facility that serves or will serve only subscribers without using village rights of way.
CLASS IV CHANNEL: A signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another point in the cable communications system.
COMMUNITY TELEVISION: Cablecasting of programming by residents or designees of the village through an association with village government and the grantee.
CONTROL AND/OR CONTROLLING INTEREST: Actual working control or ownership of a system in whatever manner exercised. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or entity (except underwriters during the period in which they are offering securities to the public) holding twenty percent (20%) or more of a cable system or the franchise under which the system is operated. A change in the control or controlling interest of an entity which has control or a controlling interest in a grantee shall constitute a change in the control or controlling interest of the system under the same criteria. Control or controlling interest as used herein may be held simultaneously by more than one person or entity.
CONVERTER: An electronic device which converts signals to a frequency within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view more than twelve (12) channels delivered by the system at designated converter dial locations.
FCC: The federal communications commission and any legally appointed, designated or elected agent or successor.
FRANCHISE FEE: The fee that a company is required to pay to the village pursuant to section 7-3-27 of this chapter. This fee includes any tax, fee or assessment of any kind imposed by the franchising authority or other governmental entity on a cable operator or cable subscriber, or both, solely because of their status 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 which is unduly discriminatory against cable operators or cable subscribers);
B. In the case of any franchise in effect on the date of enactment of the 1984 cable act, payments which are required by the franchise to be made by the grantee during the term of such franchise for, or in support of the use of, public, educational or governmental access facilities;
C. In the case of any franchise granted after such date of enactment, capital costs which are required by the franchise to be incurred by the grantee for public, educational, or governmental access facilities;
D. Requirements or changes incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
E. Any fee imposed under title 17, United States Code.
GRANTEE: A person or entity to whom or which a franchise under this chapter is granted by the village, along with the lawful successors or assigns of such person or entity.
GROSS REVENUES: All revenue collected directly or indirectly by the grantee, arising from or attributable to the provision of cable service by the grantee within the village including, but not limited to: periodic fees charged subscribers for any basic, optional, premium, per channel or per program service; franchise fees; installation and reconnection fees; leased channel fees; converter rentals and/or sales; program guide revenues; late or administrative fees; upgrade, downgrade or other change in service fees; advertising revenues; revenues from home shopping channels; revenues from the sale, exchange, use or cable cast of any programming developed on the system for community or institutional use; and any value (at retail price levels) of any nonmonetary remuneration received by grantee in consideration of the performance of advertising or any other service of the system; provided, however, that this shall not include any taxes on services furnished by the grantee herein imposed directly upon any subscriber or user by the state, local or other governmental unit and collected by the grantee on behalf of the governmental unit. The term "gross revenues" also includes revenues collected directly or indirectly from other ancillary telecommunications services, including, but not limited to: point to point telecommunications, point to point multipoint telecommunications, data transmissions, etc., but only to the extent that all other providers of such telecommunications services in the village are subject to the same compensation requirements of the village.
INITIAL GRANTEE: The person and his/her lawful successor who was granted a cable television franchise by the village of Monee in 1982 and proceeded to construct the first cable television system in the village. "Initial grantee" also includes the person who may obtain a renewal of the above referenced cable television franchise.
INITIAL SERVICE AREA: All residential areas in the village having a density of at least twenty (20) occupied dwelling units per cable mile.
INSTALLATION: The connection of the system from feeder cable to subscribers' terminals.
MAY: Is permissive.
NORMAL BUSINESS HOURS: As applied to the grantee, those hours during which similar businesses in the village are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week, and some weekend hours.
NORMAL OPERATING CONDITIONS: Those service conditions that are within the control of the grantee. Those conditions that are not within the control of the 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 the 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 cable system.
RENEWED FRANCHISE: Any franchise renewed pursuant to the franchise renewal procedures in section 626 of the 1984 cable act, as amended.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels.
SHALL: Is mandatory.
STREET: The surface of and all rights of way and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the village for the purpose of public travel and shall include other easements or rights of way as shall be now held or hereafter held by the village which shall, within their proper use and meaning entitle the grantee to the use thereof for the purposes of installing poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, pedestals, and other property as may be ordinarily necessary and pertinent to a cable television system.
SUBSCRIBER: Any person, firm, grantee, corporation, or association lawfully receiving any service provided by a grantee pursuant to this chapter.
USER: A party utilizing a cable television system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.
VILLAGE: The village of Monee, Illinois. (Ord. 1021, 8-12-1998)