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 and words in the plural number include the singular number. The word “shall” is mandatory and the word “may” is permissive. Words not defined shall be given their common and ordinary meaning:
(1) BASIC SUBSCRIBER TELEVISION SERVICES means a separately available basic service tier to which subscription is required for access to any other tier of service. Such basic service tier shall, at a minimum, consist of the following: all signals carried in fulfillment of the Cable Act, Sections 614 and 615; any public, educational and governmental access programming required in this chapter or the franchise; and any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the grantee.
(2) CABLE COMMUNICATIONS SYSTEM, also referred to as “system,” means a system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities, used for distributing video programming to home subscribers and/or for producing, receiving, amplifying, storing, processing or distributing audio, video, digital or other forms of signals to subscribers.
(3) CABLE SERVICE means 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.
(4) CHANNEL means 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.
(5) CITY means the City of New Carlisle, Ohio.
(6) COMMERCIAL SUBSCRIBER means 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.
(7) COMMUNICATIONS POLICY ACT or CABLE ACT means the Communications Act of 1934, as amended, including provisions of the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984); the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 106-385, 106 Stat. 1460 (1992); and any amendments thereto.
(8) CONVERTER means 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.
(9) COUNCIL means the Council of the City of New Carlisle.
(10) DISCRETE CHANNEL means a channel which can only be received by the person and/or institution intended to receive signals on such channel.
(11) DROP means a connection from the feeder cable to the subscriber/user television set, radio or other terminal.
(12) EDUCATIONAL ACCESS CHANNELS means any channels designated for educational access use.
(13) FAIR MARKET VALUE means the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time.
(14) FCC means the Federal Communications Commission and any legally appointed successor.
(15) FRANCHISE means the nonexclusive rights granted pursuant to this chapter to construct, operate and maintain a cable communications system along the public ways within all of, or a specified area in, the City.
(16) FRANCHISE AREA means the entire City, or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the City, including all territory hereafter annexed to the City.
(17) FRANCHISE FEE means the percentage, as specified by the City, of the franchisee's gross revenues from all sources payable in exchange for the rights granted pursuant to this chapter and the franchise agreement. The franchise fee does not include any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminating against cable operators or cable subscribers).
(18) FRANCHISEE or GRANTEE means the natural person, partnership, domestic or foreign corporation, association, joint venture or organization of any kind which has been legally granted a franchise by the City, and its lawful successor, transferee or assignee.
(19) GOVERNMENT ACCESS CHANNELS means any channels specifically designated or dedicated for government access use.
(20) GRANTOR means the City of New Carlisle, as represented by the City Council acting within the scope of its jurisdiction.
(21) GROSS ANNUAL REVENUES means all revenue derived annually, directly or indirectly, by the grantee or an affiliate of the grantee, its affiliates or subsidiaries of the grantee, from or attributable to the operation of the cable system, including, without intending limitation, subscriber fees, including fees for a per channel or per program charge, and installation and reconnection fees; revenue from leasing of cable channels; revenue received for equipment rentals, including the rental of converters; commissions from shopping channels; and all other sources of revenue permitted by applicable Federal, State and local law, but shall not include taxes, franchise fees, assessments, subscriber deposits or bad debt.
(22) INSTALLATION means the connection of the system from the feeder cable to subscribers' terminals.
(23) LEASED ACCESS CHANNEL or COMMERCIAL ACCESS CHANNEL means any channel designated or dedicated for use by persons unaffiliated with the grantee, as required by the Cable Act.
(24) NARROWCASTING means the ability to distribute cable programming to a particular segment or segments of the cable subscriber.
(25) NON-CABLE SERVICE means any lawful communications service which is distributed over the system, other than a cable service.
(26) OWNER means a person with a legal or equitable interest in ownership of real property.
(27) PERSON means any corporation, partnership, proprietorship, individual, organization, governmental organization or natural person.
(28) PLANT MILE means a linear mile of cable as measured on the street or easement from pole to pole or pedestal to pedestal. In cases where cable is on both sides of the street, only the cable on one side of the street will be utilized in measuring a plant mile.
(29) PUBLIC ACCESS CHANNELS means any channels designated or dedicated for use by the general public or noncommercial organizations which is made available for use without charge on a nondiscriminatory basis in accordance with the rules and regulations specified in the franchise.
(30) PUBLIC PROPERTY means any real property owned by the City, other than a street.
(31) PUBLIC WAY or PUBLIC RIGHTS-OF-WAY means 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, parkway, waterway, utility easement or other public right-of-way, now or hereafter held by the City, which shall entitle the City and the grantee to the use thereof for the purpose of installing and maintaining the grantee's 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 City that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the City as the City may have the undisputed right and power to give.
(32) REASONABLE NOTICE means a written notice addressed to the grantee at its principal office within the City, or such other office as the grantee has designated to the City as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than ten days prior to that day on which the party giving such notice shall commence any action which requires the giving of notice. In computing said ten days, holidays recognized by the City shall be excluded.
(33) RESIDENT means any person residing in the City, as otherwise defined by applicable law.
(34) RESIDENTIAL SUBSCRIBER means a subscriber who receives a service in any individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
(35) SALE means any sale, exchange, barter or offer for sale.
(36) SCHOOL means any public or nonprofit educational institution, including primary and secondary schools, colleges and universities, both public and private.
(37) SERVICE AREA means the entire geographic area within the franchise territory.
(38) SIGNAL means any transmission of radio frequency energy or of optical information.
(39) STATE means the State of Ohio.
(40) STREET means the surface of, and the space above and below, any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way, now or hereafter held by City, or dedicated for use by the City, use by the general public or use compatible with cable system operations.
(41) SYSTEM FACILITIES or FACILITIES means the cable communications system constructed for use within the City, including, 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 the City, which are 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 City, and any other equipment or facilities located within the corporate limits of the City intended for the use of the system, provided, however, that such system facility excludes buildings, contracts, facilities and equipment where the primary use is for providing service to other system facilities located outside the City limits.
(42) TRANSFER means the disposal by the grantee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of fifty percent or more, at one time, of the ownership or controlling interest in the system, or fifty percent cumulatively, over the term of the franchise, of such interests, to a corporation, partnership, limited partnership, trust or association, or to a person or group of persons acting in concert.
(43) TRUNK LINE means the major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.
(44) UPSTREAM SIGNAL means a signal originating from a terminal to another point in the cable television system, including video, audio or digital signals, for programs or other uses, such as security alert services, etc.
(45) USER means a person or organization utilizing channels or equipment and facilities for the purpose of producing and/or transmitting material, as contrasted with receipt thereof in a subscriber capacity.
(Ord. 95-17. Passed 9-18-95.)