For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless otherwise provided herein, terms, phrases, and words contained in this cable chapter shall have the meaning ascribed in the Cable Act, 47 U.S.C. §§ 521 et seq., or if not defined herein or in the Cable Act will have their normal and customary meaning. When not inconsistent with the context, words in the singular number include the plural number. The words “must” and “will” are always mandatory and not merely directory. The word “may” is directory and discretionary and not mandatory.
BASIC CABLE SERVICE. The meaning ascribed in Cable Act, 47 U.S.C. § 522(3).
CABLE COMMUNICATIONS SYSTEM, CABLE SYSTEM, or SYSTEM. The meaning ascribed in Cable Act, 47 U.S.C. § 522(7).
CABLE PROGRAMMING SERVICE. The meaning ascribed in Cable Act, 47 U.S.C. § 543(l)(2).
CABLE SERVICE. The meaning ascribed in Cable Act, 47 U.S.C. § 522(6).
CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel.
CITY. The City of Monticello, Minnesota, a municipal corporation, in the State of Minnesota.
COMMISSION. The Sherburne/Wright Counties Cable Communications Commission, a municipal joint powers entity consisting of the following municipalities: Big Lake; Buffalo; Cokato; Dassel; Delano; Elk River; Maple Lake; Monticello; Rockford; and Watertown.
CONVERTER. A customer premises device required to receive cable service.
DROP. The cable that connects the ground block at the subscriber’s location to the nearest distribution point of the system.
FCC. The Federal Communications Commission, or its lawful successor.
FRANCHISE, CABLE FRANCHISE, or FRANCHISE AGREEMENT. An agreement between the city and any provider of cable service pursuant to this cable chapter granting authorization to construct, operate, and maintain a system and provide cable service in the city.
FRANCHISE FEE. The meaning ascribed in Cable Act, 47 U.S.C. § 542(g).
GRANTEE. Any recipient of a franchise, and its agents and employees, lawful successors, transferees, or assignees.
GROSS REVENUES. All revenues, as determined in accordance with generally accepted accounting principles (“GAAP”), received by a grantee or its affiliates from the operation of a cable system to provide cable service in the city. By way of example and not limitation, GROSS REVENUES shall include any advertising revenues received by a grantee or its affiliates in connection with the provision of cable service. GROSS REVENUES shall not include revenues received by a grantee or its affiliates from the provision of telecommunications services or other non-cable services in the city, bad debt, credits, refunds and deposits paid to subscribers, or any taxes, fees, or assessments of general applicability collected by a grantee which are imposed directly on a subscriber and which are collected by a grantee for such governmental unit including any PEG capital fees. A franchise fee is not such a tax, fee, or assessment.
INSTALLATION. The connection of a system from a distribution cable to the point of connection, including standard installations and custom installations.
NORMAL BUSINESS HOURS. The meaning ascribed in the FCC’s rules, 47 C.F.R. § 76.309(c)(4).
NORMAL OPERATING CONDITIONS. The meaning ascribed in the FCC’s rules, 47 C.F.R. § 76.309(c)(4).
PEG ACCESS FACILITIES. Public, educational, and governmental programming channels, or any equipment or facilities for use of such channels as required by a franchise.
PERSON. The meaning ascribed in Cable Act, 47 U.S.C. § 522(15).
RIGHT-OF-WAY or RIGHTS-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units.
RIGHT-OF-WAY ORDINANCE. An ordinance of general applicability adopted and uniformly applied as to similarly situated ROW occupants by the city establishing requirements regarding regulation, management, and use of rights-of-way, including registration and permitting requirements.
STANDARD INSTALLATION. Any residential installation that can be completed using a drop of 125 feet or less.
SUBSCRIBER. Any person who lawfully receives cable service via a system.
TELECOMMUNICATIONS SERVICES. The meaning ascribed in 47 U.S.C. § 153(46).
(Ord. 711, passed 2-11-2019)