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For the purposes of this franchise, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words in the singular number include the plural number, and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. Words not defined shall be given their common and ordinary meanings.
APPLICABLE LAWS: Any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority.
BASIC CABLE SERVICE: Any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the franchise to be carried on the basic tier. Basic cable service as defined herein shall not be inconsistent with 47 USC section 543(b)(7).
CABLE SERVICE OR SERVICE:
A. The one-way transmission to subscribers of: 1) video programming or 2) 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. Cable service as defined herein shall not be inconsistent with the definition set forth in 47 USC section 522(6).
CABLE 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 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 that serves subscribers without using any public right of way;
C. A facility of common carrier which is subject, in whole or in part, to the provisions of 47 USC section 201 et seq., except that such facility shall be considered a cable system (other than for purposes of 47 USC section 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;
D. An open video system that complies with 47 USC section 573; or
E. Any facilities of any electric utility used solely for operating its electric utility systems.
CHANNEL OR CABLE CHANNEL: A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the FCC.
CITY: City of Montevideo, a municipal corporation, in the state of Minnesota, acting by and through its city council, or its lawfully appointed designee.
CITY COUNCIL: The governing body of the city of Montevideo, Minnesota.
CLASS IV CABLE 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.
CONVERTER: An electronic device which converts signals to a frequency acceptable to a television receiver of a subscriber and by an appropriate selector permits a subscriber to view all subscriber signals included in the service.
DROP: The cable that connects the ground block on the subscriber's residence or institution to the nearest feeder cable of the system.
FCC: The federal communications commission and any legally appointed, designated or elected agent or successor.
FRANCHISE FEE: Includes any tax, fee, or assessment of any kind imposed by the city or other governmental entity on grantee or subscriber, or both, solely because of their status as such. It does not include 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); capital costs which are required by the franchise to be incurred by grantee for public, educational, or governmental access facilities; requirements or charges 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 any fee imposed under title 17.
FRANCHISE OR CABLE FRANCHISE: This chapter and the regulatory and contractual relationship established hereby.
GRANTEE: CC VIII Operating, LLC, d/b/a Charter Communications, its lawful successors, transferees or assignees.
GROSS REVENUE: All revenue derived directly or indirectly by grantee, its affiliates, subsidiaries, parent, or person in which grantee has financial interest of five percent (5%) or more, from the operation of its cable system within city including, but not limited to, all cable service fees, franchise fees, late fees, installation and reconnection fees, upgrade/construction and downgrade fees, advertising revenue, converter rental fees and lockout device fees. To the maximum extent required by all applicable laws, internet access fees and cable modem service fees resulting from the provision of data services within the city shall also be considered part of grantee's gross revenue. The term gross revenue shall not include any taxes on services furnished by grantee imposed by any municipality, state, or other governmental unit and collected by grantee for such governmental unit.
INSTALLATION: The connection of the cable system from feeder cable to the point of connection including standard installations and custom installations with the subscriber converter or other terminal equipment.
LOCKOUT DEVICE: An optional mechanical or electrical accessory to a subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the cable system.
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in city are open to serve customers. In all cases, "normal business hours" for customer service must include some evening hours, at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS: Those service conditions which are within the control of grantee. Those conditions which are not within the control of 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 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/construction of the cable system.
OTHER PROGRAMMING SERVICE: Information that a cable operator makes available to all subscribers generally.
PAY TELEVISION: The delivery over the system of pay per channel or pay per program audiovisual signals to subscribers for a fee or charge, in addition to the charge for basic cable service or cable programming services.
PERSON: Any person, firm, partnership, association, corporation, company, or other legal entity.
RIGHT OF WAY OR RIGHTS OF WAY: The area on, below, or above any real property in city in which the city has an interest including, but not limited to, any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of city, including other dedicated rights of way for travel purposes and utility easements.
RIGHT OF WAY ORDINANCE: Any ordinance codifying requirements regarding regulation, management and use of rights of way in city, including registration and permitting requirements.
SERVICE AREA OR FRANCHISE AREA: The entire geographic area within the city as it is now constituted or may in the future be constituted.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels.
STANDARD INSTALLATION: Any residential installation which can be completed using a drop of one hundred fifty feet (150') or less.
SUBSCRIBER: Any person who lawfully receives cable service via the system. In the case of multiple office buildings or multiple dwelling units, the "subscriber" means the lessee, tenant or occupant.
VIDEO PROGRAMMING: Programming provided by, or generally considered comparable to programming provided by, a television broadcast station. (Ord. 827, 8-5-2002, eff. 8-26-2002)