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, and words in the singular number include the plural number.
BONA FIDE OFFER. An offer to purchase the cable system which the franchisee intends to accept.
CABLE SERVICE.
(1) The one-way transmission to subscribers of video programming or other programming services;
(2) Subscriber interaction, if any, which is required for the selection or use of the video programming or other programming service.
CABLE 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 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 subscribers without using any public right-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions in this chapter, except that the facility shall be considered a cable system, other than for purposes of 47 USC Section 541(c) to the extent the facility is used in the transmission of video programming directly to subscribers; unless the extent of the use is solely to provide interactive on-demand services;
(4) An open video system that complies with 47 USC Section 573; and/or
(5) Any facilities of any electric utility used solely for operating its electric utility system.
CITY. The City of New Prague.
CLASS IV CABLE COMMUNICATIONS CHANNEL. A signaling path provided by the cable system to transmit signals of any type from a subscriber terminal to another point in the communications system.
COUNCIL. The City Council of the City of New Prague.
FRANCHISE. An initial authorization, or renewal thereof, including a renewal of an authorization which has been granted subject to this chapter, issued by a franchising authority, whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a cable system.
FRANCHISEE. The person, firm, corporation or company granted a franchise under this chapter.
FUNDAMENTAL CORPORATE CHANGE. The sale or transfer of a majority of a corporation’s assets; a merger, including the parent and its subsidiary corporation; consolidation; or creation of a subsidiary corporation.
GROSS OPERATING RECEIPTS. All revenue actually received by the franchisee from subscribers from the provision of cable services in the city including, but not limited to cable installation and reconnection fees, upgrade and downgrade fees and equipment rental fees.
INSTALLATION. the fixing for use or the putting in place of the equipment necessary for reception of signals from the cable system, exclusive of television or radio receivers.
MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR. A person such as, but not limited to a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming.
PERSON. Any person, firm, partnership, association, corporation, company, limited liability company, organization or individual of any kind.
SUBSCRIBER. Any person, other than a unit of government, who lawfully subscribes to any service offered by the franchisee.
(Ord. 186, passed 4-17-00)