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 shall include the future tense and words in the plural number shall include the singular number, and words in the singular numbers shall include the plural number.
BASIC CABLE. The lowest priced tier of service that includes the retransmission of both broadcast television signals and any public, educational and governmental access channels.
CABLE ACT. The Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, as amended. Any reference to the CABLE ACT shall mean the most current version of the Cable Act, being 47 USC 521 et seq.
CABLE OPERATOR. Defined as in the Cable Act, being 47 USC 521 et seq.
CABLE SERVICE. Defined as in the Cable Act, being 47 USC 521 et seq.
CABLE SYSTEM. Defined as in the Cable Act, being 47 USC 521 et seq.
CITY. The City of Newton and the geographical area within the corporate boundaries of the city.
FCC. The Federal Communications Commission, or successor governmental entity thereto.
FRANCHISE. The initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable system.
FRANCHISING AUTHORITY or GRANTOR. The City Council of the City of Newton or the lawful successor, transferee or assignee thereof.
GRANTEE. Any person, firm, corporation or other entity granted a franchise hereunder, or the lawful successor, transferee or assignee thereof.
GROSS REVENUES. Any and all revenue received by the grantee for the operation of the cable system to provide cable service to subscribers in the service area; provided, however, that, such phrase shall not include any fees or franchise fees or taxes which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency, and which are collected by the grantee on behalf of such governmental unit or agency.
HEADEND. The land, electronic processing equipment, antennas, tower, building and other appurtenances normally associated with and located at the starting point of a cable system.
HOUSE DROP or DROP. A cable that connects each building or home to the nearest feeder line of the cable network.
MAY. The act referred to is permissive.
NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the community are open to serve subscribers. In all cases, NORMAL BUSINESS HOURS, as a minimum, shall mean those hours when the City Hall is open to service citizens.
NORMAL OPERATING CONDITIONS. Those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee included by limited to, natural disasters, strikes, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee included, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
OUTLET. The point of connections of the cable or wire to a television.
PERSON. An individual, partnership, association, joint stock company, trust, corporation or governmental entity.
PRIVATE PROPERTY. All property, real, personal or mixed, owed by a private person, including property owned by a public utility not owned or operated by the city.
PROPERTY OF THE GRANTEE. All property, real, personal or mixed, owned or used by the grantee, however arising from or related to or connected with the franchise.
PUBLIC ACCESS CHANNEL. Channel capacity designated for non-commercial public access use.
PUBLIC WAY. The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way lane, public way, drive circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchising authority in the service area which shall entitle the franchising authority and the grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the system. PUBLIC WAY shall also mean any easement now or hereafter held by the franchising authority with the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the franchising authority and grantee to the use thereof for the purposes of installing and operating the grantee’s cable system over poles, sire, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to the cable system.
SERVICE AREA. The present municipal boundaries of the franchising authority.
SERVICE INTERRUPTION. The loss of video or audio on one or more channels.
SERVICE TIER. A category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator.
SHALL and WILL. The acts referred are mandatory
SUBSCRIBER. A person or user of the system who elects to lawfully received cable services and other authorized services therefrom with the grantee’s expressed permission.
(2011 Code, Ch. 43, Art. 5, § 1.1)