For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings 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 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 meanings.
APPROVED: Approval by the city under the requirements of this chapter as applied to a location, condition, technical standard, or method of construction or approval by other authorities designated by law, ordinance, or this chapter to give approval to the matter in question.
BASIC 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 will be consistent with 47 USC section 543(6)(7).
CABLE ACT: The cable communications policy act of 1984, pub. L. no. 98-549, 98 stat. 2779 (1984) (codified at 47 USC sections 521-611 [1982 & supp. V 1987]), as amended by the cable television consumer protection and competition act of 1992, pub. L. no. 102-385; the telecommunications act of 1996, pub. L. and any amendments thereto.
CABLE PROGRAMMING SERVICE: Any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than:
Video programming carried on the basic service tier;
Video programming offered on a pay per channel or pay per program basis; or
A combination of multiple channels of pay per channel or pay per program video programming offered on a multiplexed or time shifted basis so long as the combined service: consists of commonly identified video programming; and is not bundled with any regulated tier of service.
"Cable programming service" as defined herein will be consistent with the definition as set forth in 47 USC section 543(1)(2) and 47 CFR 76.901(b) (1993).
CABLE SERVICE: The one-way transmission to subscribers of video programming, or other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service. There must be at least thirty five (35) channels offered for cable service.
CABLE TELEVISION SYSTEM OR 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 only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right of way; c) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the communications act of 1934, except that such facility shall be considered a cable system (other than for purposes of section 621(c)) to the extent such facility is used in the transmission of video programming directly to subscribers; or d) any facilities of any electric utility used solely for operating its electric utility system.
CHANNEL: A band of frequencies in the electromagnetic spectrum, or any other means of transmission (including, without limitation, optical fibers or any other means now available or that may become available), which is capable of carrying a video signal, an audio signal, a voice signal, or a data signal.
CITY: The city of Moorhead, Minnesota, or, as appropriate in the case of specific provisions of this chapter, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the city of Moorhead, or any officer, official, employee, or agent thereof, the designee of any of the foregoing, or any successor thereto.
CITY COUNCIL: The governing body of the city.
COMPLAINT: Any verbal or written inquiry, allegation or assertion made by a person which requires subsequent corrective action to the system or any portion thereof, or raises an objection to the programming or business practices of a cable operator. The term "complaint" does not include an inquiry which is immediately answered by an operator.
CONVERTER: An electronic device with an appropriate channel selector which permits a subscriber to view all signals purchased.
DROP: The cable that connects the subscriber terminal at a point in the subscriber's home, designated by the subscriber, to the nearest feeder cable of the system.
FCC: The federal communications commission, its designee, or any successor thereto.
FRANCHISE AREA: The territory within the city throughout which an operator shall be authorized to construct, maintain and operate its system and shall include any enlargements thereof and additions thereto.
GROSS REVENUES: Any and all revenue in any way derived and collected directly or indirectly by operator, its affiliates, subsidiaries, parents, or any person in which operator has a financial interest, from or in connection with the operation, of all or any part of a cable television system franchised pursuant to this chapter, including, but not limited to, revenue from all cable service fees including user fees, regular subscriber service fees, installation and reconnection fees, leased channel fees, converter and other equipment rentals, and advertising revenues (advertising revenues attributable to the city shall be determined by apportioning the total advertising revenue of the operator's system among those governmental units entitled to a portion of those revenues based on the number of subscribers in each such unit as a percentage of the total number of subscribers in all such units); provided, however, that this shall not include any taxes imposed directly upon any subscriber or user by a state, local or other governmental unit and collected by such operator on behalf of such governmental unit. It does include money collected from subscribers that is allocated by operator to pay the franchise fee.
INSTALLATION: The act of connecting the system from the feeder cable to the subscriber terminal so that cable service may be received by the subscriber.
NONCABLE SERVICE: Any service which is distributed over the system other than a cable service.
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in the community are open to serve customers. In all cases "normal business hours" shall include at least the hours from eight o'clock (8:00) A.M. to five o'clock (5:00) P.M.
OPERATOR: Any person, persons, partnership, firm, company, corporation or association, or the assignee, affiliate, parent, subsidiary, or successor of the operator, operating a cable system within the corporate limits of the city.
PAY TELEVISION: The delivery over the system of per channel, per channel group or per program audiovisual signals to subscribers for a fee or charge, in excess of the charge for basic service or cable programming services.
PERSON: Any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for profit or not for profit.
PUBLIC PROPERTY: Any real property, other than a street, owned by any governmental unit.
SIGNAL: Any transmission of radio frequency energy or of optical information.
STREET: The surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, utility easement or any public easement or right of way now or hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the city, entitle an operator to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a system.
SUBSCRIBER: Any person or entity who lawfully subscribes to a cable service provided by an operator by means of or in connection with the system.
SYSTEM UPGRADE: The process by which the system shall be upgraded pursuant to subsection 1-12-6B of this chapter.
TWO-WAY OPERATIONAL SYSTEM: The headend, trunk cables, distribution plant, amplifiers, and other technical components of the system have the requisite equipment in place to pass video, audio, voice, and/or data signals in both directions simultaneously. (Ord. 99-2, 4-5-1999, eff. 4-19-1999; amd. Ord. 2014-04, 5-27-2014)