For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning 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 word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) "Basic service" means the distribution to subscribers of all signals over the cable system on all channels except those for which a per-channel or per-program charge is made, or for interactive services.
(b) "Cable communication system", "cable system", or "system" means a system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in the Village. Such definition shall not include any facility that serves or will serve only subscribers in one or more multiple unit dwellings under common ownership, control or management, which does not use the Village's rights of way.
(c) "Contract" means the contract described in Section 737.05.
(d) "Council" means the Village Council of New Boston, Ohio.
(e) "Village" means the Village of New Boston, Ohio.
(f) "County" means Scioto County, Ohio.
(g) "Company" means any cable television company granted a contract to operate in the Village, or its successor, transferree or assignee duly authorized to provide cable communication service in the Village.
(h) "Converter" means an electronic device, which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated converter dial locations.
(i) "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
(j) "Gross Revenues" means all revenue derived directly or indirectly by the Company, its affiliates, subsidiaries, parent, and any person in which the Company has financial interest, from providing cable communication services within the Village, including, but not limited to. basic subscriber service monthly fees, pay cable fees. installation and reconnection fees, leased channel fees. converter rentals, studio rental, production equipment and personnel fees, and advertising revenues; pro- vided, however, that this shall not include any taxes on services furnished by the Company herein imposed directly upon any subscriber or user by the State, local or other governmental unit and collected by the Company on behalf of such governmental unit.
(k) "Installation" means the connection of the system from feeder cable to subscribers' terminals.
(l) "Monitoring" means observing a communications signal, or the absence of a signal, where the observer is not a party to the communication, whether the signal is observed by visual or electronic means, for any purpose whatsoever. Provided, monitoring shall not include systemwide, non-individually addressed sweeps of the system for purposes of verifying system integrity, controlling return path transmissions, or billing for pay services.
(m) "Street" means the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the Village for the purpose of public travel and includes other easements or rights of way as shall be now held or hereafter held in which the Village would be entitled to construct cable communication facilities.
(n) "Subscriber" means a lawful recipient of cable communication service.
(o) "User" means a party utilizing a cable communication system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.
(Ord. 12- 83. Passed 2-15- 83.)
(Ord. 12- 83. Passed 2-15- 83.)