For the purpose of this Ordinance 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, words in the plural number include the singular number. The word “shall” is mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
BASIC SUBSCRIBER TELEVISION SERVICES. A separately available basic service tier, which will be lowest user of service offered, and shall, at a minimum, consist of the following: all signals carried in fulfillment of Cable Act, Sections 614 and 615; any public, educational, and governmental access programming required in this Ordinance or the Franchise; any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the Grantee.
CABLE TELEVISION SYSTEM (also referred to as 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 which includes video programming and which is provided to multiple subscribers within a community, 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 of a common carrier which is subject, in whole or in part, to the provision of Title II of the Cable Act, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; (C) any facilities of any electric utility used solely for operating its electric utility systems; or (D) a facility that serves subscribers without using any right-of-way.
CABLECAST SIGNAL. A nonbroadcast signal that originates within the facilities of the cable television system.
CABLE TELEVISION SERVICE. (a) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (b) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CHANNEL. A six Megahertz (MHZ) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals or some combination of such signals.
COMMERCIAL SUBSCRIBER. A subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade or profession.
COMMUNICATIONS POLICY ACT or CABLE ACT. The Communications Act of 1934; Cable Communications Policy Act of 1984; the Cable Television Consumer Protection and Competition Act of 1992; and the Telecommunications Act of 1996 as they may be amended or succeeded from time to time.
CONVERTER. An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control.
COUNCIL. The council of the City of Monroe.
DROP. A coaxial connection from feeder cable to the subscriber/user television set, radio or other terminal.
EDUCATIONAL ACCESS CHANNEL. Any channel designated for non-commercial educational access use.
EVADE. Getting away by artifice, or, avoiding often by skill, dexterity, or contrivance.
FAIR MARKET VALUE. The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time.
FCC. The Federal Communications Commission and any legally appointed successor.
FRANCHISE. The nonexclusive rights granted pursuant to this Ordinance to construct, operate and maintain a cable television system along the public ways within all or a specified area in the City. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances and laws of general applicability of the City.
FRANCHISE AREA. The entire City, or portions thereof, for which a Franchise is granted under the authority of this Ordinance. If not otherwise stated in the Franchise, the Franchise area shall be the corporate limits of the City, including all territory thereafter annexed to the City.
FRANCHISE FEE. The percentage, as specified by the City, of the Grantee's gross annual revenues from all sources payable in exchange for the rights granted pursuant to this Ordinance and the Franchise.
GRANTEE. The natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s), or organization(s) of any kind which has been legally granted a Franchise by the City, and its lawful successor, transferee or assignee.
GOVERNMENT ACCESS CHANNEL. Any channel specifically designated or dedicated for non-commercial government access use.
GRANTOR. The City of Monroe as represented by the City Council acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES. All receipts derived directly or indirectly by the Grantee, its affiliates, subsidiaries from operation of the cable system, and any person in which the Grantee has a financial interest as related to the Monroe cable system. The term GROSS ANNUAL REVENUES shall not include (1) any tax or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services); and (2) the revenue of any affiliate, subsidiary and/or any person in which the Grantee has a financial interest where such revenues are paid to said affiliate, subsidiary and/or any person in which the Grantee has a financial interest by the Grantee and recovered by the Grantee through charges to subscribers that are included in GROSS ANNUAL REVENUE.
INSTALLATION. The connection of the system from feeder cable to subscribers' terminals.
LEASED ACCESS CHANNEL. Any channel designated or dedicated for use by persons unaffiliated with the Grantee, in accordance with Federal law and regulation.
PERSON. An individual partnership, association, organization, corporation or any lawful successor transferee of said individual, partnership, association, organization or corporation.
PLANT MILE. A linear mile of cable as measured on the street or easement from pole to pole or pedestal to pedestal. In cases where cable is on both sides of the street, only the cable on one side of the street will be utilized in measuring a plant mile.
PUBLIC ACCESS CHANNEL. Any channel designated or dedicated for non-commercial use by the general public or noncommercial organizations which is made available for use without charge on a
nondiscriminatory basis in accordance with the rules and regulations specified by the entity managing the public access channel. The City shall designate the entity to manage the
PUBLIC ACCESS CHANNEL.
PUBLIC WAY or PUBLIC RIGHTS OF WAY. The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, utility easements or other public right-of-way or hereafter held by the City which shall entitle the City and the Company to the use thereof for the purpose of installing and maintaining the Company cable television system. No reference herein, or in any Franchise, to the PUBLIC WAY shall be deemed to be a representation or guarantee by the City that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the City as the City may have the undisputed right and power to give.
REASONABLE NOTICE. Written notice addressed to the Grantee at its principal office as the Grantee has designated to the City as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven (7) days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said seven (7) days, holidays recognized by the City shall be excluded.
RESIDENT. Any person residing in the City or as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER. A subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
SALE. Includes any sale, exchange, barter or offer for sale.
SCHOOL. Any public or nonprofit educational institutions, including primary and secondary schools schools, public colleges and universities, and schools that receive funding under Title I, Elementary Education Act 1963, and as amended.
SERVICE AREA. The entire geographic area within the Franchise territory.
STATE. The state of North Carolina.
SYSTEM FACILITIES or FACILITIES. The cable television system constructed for use within the City, without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers, converters, equipment or facilities located within the corporate limits of the City designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio and visual, radio, television and electronic signals to and from Subscribers, in the City and any other equipment or facilities located within the corporate limits of the City intended for the use of the System; provided, however, such system facility excludes buildings, contracts, facilities, and equipment where primary use is for providing service to other system facilities located outside the City limits.
TRANSFER. A change in the controlling interest of the Grantee or the disposal by the Grantee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty-five percent (25%) or more at one time of the ownership in the system, or forty-five percent (45%) cumulatively over the term of the Franchise of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert. Transfer approval by the City shall be governed by § 115.04(J) of this Ordinance.
TRUNK LINE. The major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.
UPSTREAM SIGNAL. A signal originating from a terminal to another point in the cable television system including video, audio or digital signals for either programs or other uses such as security alert services, etc.
USER. A person or organization utilizing channel or equipment and facilities for purpose of producing and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(Ord. O-1997-53, passed 12-10-97)