The following words shall have the meaning set forth in this section unless the context clearly requires otherwise:
1. “Access channel” means any channel used as an access channel as defined in the Cable Communications Policy Act of 1984 (47 USC 521 et seq.) as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996 (the Act).
2. “Basic cable service” means any service tier which includes, at a minimum, the transmission of local television broadcast signals, local access channels, and any other television signals.
3. “Basic cable equipment” means the equipment used by subscribers to receive the basic service tier, including (but not limited to) converter boxes, remote controls, connections for additional television sets and cable home wiring.
4. “Broadcast services” means a broad category of programming which is received from broadcast television, low-power television, and radio stations and is capable of being received in the City.
5. “Cable service” means:
A. The one-way transmission to subscribers of video programming or other programming services; and
B. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
6. “Cable 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 such term does not include:
A. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
B. A facility that serves only subscribers without using any public right-of-way;
C. A facility of a common carrier, which is subject, in whole or in part, to the provisions of subchapter II of the Cable Act, except that such facility shall be considered a cable system (other than for purposes of 621(c) of the Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers unless the extent of such use is solely to provide interactive on-demand services;
D. An open video system that complies with Section 653 of the Cable Act;
E. Any facilities of any electric utility used solely for operating its electric utility system.
7. “Cablecast signal” means a non-broadcast signal that originates within the facilities of the cable system.
8. “Channel” or “cable channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission.
9. “Commence construction” means the time and date when construction of the cable communications system is considered to have commenced, which shall be when the first connection is physically made to a utility pole, or undergrounding of cables is initiated, after preliminary engineering (including strand mapping) and after all necessary permits and authorizations have been obtained.
10. “Commence operation” means that time and date when operation of the cable communications system is considered to have commenced which shall be when sufficient distribution facilities have been installed so as to permit the offering of full services to at least 25 percent of dwelling units located within the franchise area.
11. “Commercial use channels” means the channel capacity designated for commercial use as defined and required by Federal law.
12. “Completion of construction” means that point in time when all distribution facilities specified in the franchise agreement have been installed by the grantee so as to permit the offering of cable service to all of the potential subscribers in the franchise area, as well as the provision, in an operational state, of any facilities required by the franchise agreement.
13. “Control” or “controlling interest” means actual working control or ownership of a North Liberty cable system in whatever manner exercised. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or entity (except underwriters during the period in which they are offering securities to the public) of 20 percent or more of a North Liberty cable system or the franchise under which the system is operated. A change in the control or controlling interest of an entity which has control or a controlling interest in a grantee shall constitute a change in the control or controlling interest of the North Liberty cable system under the same criteria. Control or controlling interest as used herein may be held simultaneously by more than one person or entity.
14. “Converter” means an electronic device which converts signal carriers from one form to another.
15. “Dwelling unit” means any individual or multiple residential place of occupancy.
16. “FCC” means the Federal Communications Commission and any legally appointed or elected successor.
17. “Franchise” means the right granted through a franchise agreement between the City and a person by which the City authorizes such person to erect, construct, reconstruct, operate, dismantle, test, use, and maintain a system in the City.
18. “Franchise agreement” means a contractual agreement entered into between the City and any grantee hereunder which is enforceable by City and said grantee and which sets forth the rights and obligations between City and said grantee in connection with the franchise.
19. “Franchise fee” means any assessment imposed hereunder by the City on a grantee solely because of its status as a grantee. The term “franchise fee” does not include:
A. Any tax, fee, or assessment of general applicability (including any such tax for or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against grantee);
B. Capital costs which are required by the franchise to be incurred by grantee for educational or governmental access facilities;
C. Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or
D. Any fee imposed under Title 17, United States Code.
20. “Grantee” or “applicant” means any person granted a franchise hereunder, its agents, employees, or subsidiaries.
21. “Gross revenue, annual” means all revenue received from all sources in connection with the operation of grantee’s cable system to provide cable service. Gross revenues include, without limitation, amounts for all cable service, including (but not limited to) basic service and tier service, premium and pay-per-view services, leased access, installation, and all other revenues derived from the operation of grantee’s cable television system to provide cable services, adjusted for nonpayment. Gross revenues shall not deduct the following: (i) any operating expense; (ii) any accrual, including without limitation any accrual for commissions; or (iii) any other expenditures, regardless of whether such expense, accrual, or expenditure reflects a cash payment, but revenue shall be counted only once in determining gross revenues. Gross revenues also include the revenue of any affiliate, subsidiary, parent, or any person or entity in which each grantee has a financial interest, derived from the operation of the cable television system to provide cable services, to the extent such revenue is derived through any means that has the effect of avoiding the payment of franchisee fees that would otherwise be paid to the City. Revenues of both grantee and an affiliate, subsidiary, parent, or any person or entity in which the grantee has a financial interest that represent a transfer of funds between them and that would constitute gross revenues of both the grantee and the affiliate, subsidiary, parent, or any person or entity in which the grantee has a financial interest shall be counted only once for purposes of determining gross revenues. Gross revenues shall not include franchise fees, any other fee, assessment, sales, or other similar tax imposed by law on subscribers or that grantee is legally obligated to collect.
22. “Initial service area” means the area of the City which will receive service initially, as set forth in the franchise agreement.
23. “Installation” means the connection of the system from feeder cable to subscribers, terminals, and the initial provision of service.
24. “Leased access” means the use of the system by any business enterprise or other entity, whether profit, nonprofit or governmental, to render services to the citizens of the City, and includes all use pursuant to Section 532 of the Cable Act.
25. “Local origination channel” means any channel where the grantee or its designated agent is the primary programmer, and provides locally produced video programs to subscribers.
26. “Normal business hours,” as applied to the grantee, means those hours during which similar businesses in the City are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week and/or some weekend hours.
27. “Normal operating conditions” means those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include (but are not limited to) natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee include (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.
28. “Person” means any individual, firm, corporation, limited liability company, partnership, association, joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof.
29. “Public education and government access facilities” or “PEG access facilities” means the total of the following:
A. Channel capacity designated for public educational or governmental use; and
B. Facilities and equipment for the use of such channel capacity.
30. “Resident” means any person residing in the City as otherwise defined by applicable law.
31. “School” means any public or private elementary school, secondary school, junior college, college, or university which conducts classes or provides instructional services and which has been granted a certificate of recognition by the State of Iowa.
32. “Service area” is synonymous with “franchise territory” as defined in Section 115.04 of this chapter.
33. “Service interruption” means the loss of picture or sound on one or more cable channels.
34. “Street” means the surface of and the space above and below any public street, road, highway, freeway, easement, lane, path, alley, court, sidewalk, parkway, driveway, or other public way now or hereafter existing as such within the City.
35. “Subscriber” means any person who legally receives any one or more of the services provided by the system.
36. “Telecommunications Commission” is the advisory body to Council on matters pertaining to the cable system and telecommunication system within the City. See Chapter 25 of this Code of Ordinances for specifics regarding this body.