For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Uniform Video Services Local Franchise Act, being Act 480 of the Public Acts of 2006, as amended, M.C.L.A. §§ 484.3301 et seq.
CABLE OPERATOR. The same meaning as in the Act.
FACILITIES. The lines, equipment and other facilities of a permittee which use or occupy the public right-of-way in the delivery of video services in the city.
FRANCHISE AGREEMENT. The franchise agreement entered into or possessed by a video service provider with the city as required by M.C.L.A. § 484.3303(1), if it is the standardized, uniform form of franchise agreement established by the MPSC.
MANAGER. The City Manager or the City Manager's designee.
METRO ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, being Act No. 48 of the Public Acts of 2002, as amended, M.C.L. A. §§ 484.3101 et seq.
METRO ACT PERMIT. A permit to use the public right-of-way issued by the city under Chapter 113, which implements the Metro Act.
METRO AUTHORITY. The same meaning as AUTHORITY in the Metro Act.
MPSC. The Michigan Public Service Commission, and having the same meaning as the term COMMISSION in the Act and the Metro Act.
PERMITTEE.
(1) A video service provider without a currently valid Metro Act permit but with either:
(a) A pre-existing agreement; or
(b) A currently valid franchise agreement.
(2) Upon applying to the city for and then obtaining a Metro Act permit from the city, a video service provider is not a permittee and is no longer required to comply with this chapter. A video service provider is also not a permittee and is not required to comply with this chapter if it and the city enter into a voluntary franchise agreement as described in § 111.11(B).
PERSON. An individual, corporation, association, partnership, governmental entity, or any other legal entity.
PRE-EXISTING AGREEMENT. A cable television consent agreement predating the effective date of the Act, January 1, 2007, which has not expired or been terminated.
PUBLIC RIGHT-OF-WAY. The same meaning as in the Act.
VIDEO SERVICE. The same meaning as in the Act.
VIDEO SERVICE PROVIDER. The same meaning as in the Act, and shall include an "incumbent video provider" as referred to in M.C.L.A. § 484.3305(2).
(Ord. 959, passed 11-8-10)