For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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 meanings.
ADDITIONAL SERVICES. Programming or services for which an additional charge is made beyond the charge for basic subscriber services, including, but not limited to, movies, concerts, variety acts, sporting events, pay-per-view programs, interactive services, and any other service utilizing any facility or equipment of a cable television system operating pursuant to a franchise granted under this chapter.
BASIC SUBSCRIBER RADIO SERVICE. Audio services such as the re-transmission of broadcast FM radio signals, shortwave, weather, news, time, and other similar audio services and the transmission of cablecast (nonbroadcast) radio signals as permitted by the FCC.
BASIC SUBSCRIBER TELEVISION SERVICES. All subscriber services provided by the grantee in one or more service tiers, including the delivery of broadcast signals, public, educational, and government access channels, and local origination channels, covered by the regular monthly charge paid by all subscribers to a particular service tier, including subscriber terminal charges and related deposits.
BOARD. The Town Board of Commissioners of the Town of Murphy.
CABLE COMMUNICATIONS SYSTEM or CABLE TELEVISION SYSTEM. Also referred to as SYSTEM, means 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 the term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless the facility or facilities uses any public rights-of-way;
(3) 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 the facility shall be considered a cable system to the extent the facility is used in the transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility systems.
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 signals.
CLOSED-CIRCUIT OR INSTITUTIONAL SERVICE. The video, audio, data, and other services provided to institutional users on an individual application basis. These may include, but are not limited to, one-way video, two-way video, audio, or digital signals among institutions to residential subscribers.
COMMENCE OPERATION. The time and date when operation of the cable communications system is considered to have commenced, which shall be when the system is fully constructed.
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 Cable Communications Policy Act of 1984 (Pub. L. No. 98-549, 47 U.S.C. § 521 (Supp.)), as it may be amended or succeeded.
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.
DEDICATED INSTITUTIONAL ACCESS CHANNELS. Broadband communications channels dedicated to serving town, county, state, or federal governmental agencies, educational institutions, health care institutions, or other nonprofit and profit-making organizations that may be qualified by the Board of Commissioners.
DISCRETE CHANNEL. A channel which can only be received by the person and/or institution intended to receive signals on the channel.
DROP. A coaxial connection from feeder cable to the subscriber/user television set, radio, or other terminal.
EDUCATIONAL CHANNEL OR EDUCATIONAL ACCESS CHANNEL. Any channel where educational programs are the only designated use.
FAIR MARKET VALUE. The price that a willing buyer would pay to a willing seller for a going concern.
FCC. The Federal Communications Commission or any legally appointed or elected successor.
FRANCHISE. The nonexclusive rights, granted pursuant to this chapter, to construct, operate, and maintain a cable communications system along the public ways within all or a specified area in the town. 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 town, as required by other ordinances and laws of the town.
FRANCHISE AGREEMENT. A contract entered into voluntarily by the town and the grantee, containing the specific provisions of the franchise granted, including applicable referenced specifications, franchise proposals, applications, and other related material.
FRANCHISE AREA. The entire town, or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise agreement, the FRANCHISE AREA shall be the corporate limits of the town, including all territory thereafter annexed to the town.
FRANCHISE FEE. An amount, as specified by the town, of the grantee’s gross receipts from the operation of the system pursuant to the franchise agreement.
FRANCHISEE or 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 town, and its lawful successor, transferee, or assignee.
GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL. Any channel specifically designated or dedicated for government use.
GRANTOR. The Town of Murphy as represented by the Town Board of Commissioners acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES. All revenue received directly or indirectly by the grantee, its affiliates, subsidiaries, and any person in which the grantee has a financial interest derived from the operation of the system hereunder; or as further defined in a franchise agreement.
INSTALLATION. The connection of the system from feeder cable to subscribers’ terminals.
LEASED ACCESS CHANNEL or COMMERCIAL LEASED CHANNEL. Any channel designated or dedicated for use by persons unaffiliated with the grantee in accordance with the Cable Act.
MONITORING. Observing a communications signal, or the absence of a signal, where the observer is not a party to the communications, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
PERSON. An individual, partnership, association, organization, corporation or any lawful successor, or transferee of the individual, partnership, association, organization, or corporation.
PLANT MILE. A linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.
PROGRAMMER. Any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital, or other signals, whether live or from recorded traces or other storage media, to users or subscribers by means of the cable communications system.
PUBLIC ACCESS CHANNEL or COMMUNITY ACCESS CHANNEL. Any channel designated or dedicated for use by the general public or noncommercial organizations which is made available for use without charge on a first-come, first-served, nondiscriminatory basis.
PUBLIC PROPERTY. Any real property owned by the town, other than a street.
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, park, parkways, waterways, utility easements, or other public right-of-way hereafter held by the town, which shall entitle the town and the grantee to the use thereof for the purpose of installing and maintaining a 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 town that its title to any property is sufficient to permit its use for the purpose, and the grantee shall, by its use of the terms, be deemed to gain only the rights to use property in the town as the town may have the undisputed right and power to give.
REASONABLE NOTICE. Shall be written notice addressed to either town or grantee at its respective principal office within the town or the other office as the party has designated to the other as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven days prior to that day in which the party giving the notice shall commence any action which requires the giving of notice. In computing the seven days, holidays recognized by the town shall be excluded.
RESIDENT. Any person residing in the town, 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. Any sale, exchange, barter, or offer for sale.
SCHOOL. Any public, private, or nonprofit educational institution, including primary and secondary schools, colleges, and universities.
SERVICE AREA. The entire geographic area within the franchise territory.
STATE. The State of North Carolina.
STREET. Shall include each of the following, which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the town limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, and similar public ways and extensions and additions thereto, together with the other public property and areas that the town shall permit to be included within the definition of street from time to time.
SUBSCRIBER. Any person, firm, corporation, or other entity who or which elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection with a cable communications system.
SYSTEM FACILITIES. The cable communications system constructed for use within the town, without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems, equipment or facilities located within the corporate limits of a town, 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 town, and any other equipment or facilities located within the corporate limits of the town intended for the use of a system; provided, however, the system facilities exclude buildings, contracts, facilities, and equipment where primary use is for providing service to other system facilities located outside the town limits.
TRANSFER. The disposal by the grantee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, except publicly traded issue, not in control of the grantee, of 5% or more at one time of the ownership or controlling interest in the system, or 20% cumulatively over the term of the franchise of the interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert.
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, and the like.
USER. A person or organization utilizing channel or equipment and facilities for the purpose of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(Ord. passed 10-13-1998)