(A) For the purpose of this chapter, or any franchise issued pursuant to this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATE. Another person or entity who owns or controls, is owned or controlled by, or is under common ownership or control with, the person or entity.
APPLICANT. A person or entity submitting an application or proposal to the city for a franchise to operate a cable system under the terms and conditions of this chapter and any state or federal regulations.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
CABLE ACT. The Cable Communications Policy Act of 1984, as amended, which is codified as 47 U.S.C. §§ 521, et seq., or any future federal legislation concerning the subject matter provided for in the Cable Act.
CABLE OPERATOR. Any person or entity which:
(a) Provides cable service over a cable system and directly or through 1 or more affiliates owns a significant interest in that cable system; or
(b) Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
CABLE SERVICE.
(a) The one-way transmission to subscribers of: (i) video programming or (ii) other programming service; and
(b) Subscriber interaction, if any, which is required for the selection or use of 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 the city; provided, however, this shall not include:
(a) A facility that serves only to retransmit the television signals of 1 or more television broadcast stations;
(b) A facility that serves subscribers without using any public way;
(c) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Act, except that the facility shall be considered a cable system (other than for purposes of § 621(c) of the Cable Act) to the extent the 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 § 653 of the Cable Act;
(e) Any system exempted under the Cable Act.
CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel.
CHARGE. A one-time or non-regularly occurring cost paid by the subscriber, and which is associated with the installation, maintenance, service or repair of the cable service.
CITY. The City of North Platte, Nebraska, including any areas annexed to the city after this date.
CITY ADMINISTRATOR. The City Administrator of the City of North Platte.
COUNCIL. The City Council of the City of North Platte.
EASEMENT. Any public easement or other compatible use created by dedication or by other means, to the city for public utility or other purposes including cable television. EASEMENT shall include a private easement used for the provision of cable service.
EMERGENCY. An imminent, impending, or actual natural or humanly induced situation where the health, safety or welfare of all, or a representative portion, of the residents of the city is threatened. An emergency (by illustration) may include a snowstorm, flood, tornado, severe thunderstorm, hazardous waste infiltration, petroleum, munitions or nuclear explosion, or aircraft crash.
ENTITY. A partnership, joint venture, corporation, limited liability company or such other form of conducting business authorized by state law.
FCC. The Federal Communications Commission or any successor governmental entity.
FRANCHISE. The authorization issued by the city which authorizes a non-exclusive right to construct, operate and maintain a cable system within the city.
FRANCHISE FEE. Any tax, fee, or assessment of any kind imposed by the city on a cable operator or subscriber, or both, solely because of their status as such. FRANCHISE FEE does not include:
(a) 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 discriminatory against cable operators or subscribers);
(b) Agreed upon capital costs incurred by the cable operator for PEG, or governmental access facilities;
(c) Requirements or charges incidental to the awarding or enforcing of a franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or
(d) Any fee imposed under the copyright laws of the United States.
GROSS REVENUE. Any revenue, as determined in accordance with generally accepted accounting principles, received by a cable operator from the operation of a cable system within the city. GROSS REVENUE does not, however, mean (i) any taxes, fees or assessments collected by a cable operator from subscribers for pass-through to a government agency (including sales taxes, franchise fees or FCC user fees); (ii) unrecovered bad debt or bona fide credits, refunds and deposits paid to subscribers; (iii) revenues from activities exempted under the Cable Act or by the FCC; and (iv) PEG channel support recovered from subscribers.
MAYOR. The Mayor of the City of North Platte.
OTHER PROGRAMMING SERVICE. Information that a cable operator makes available to all subscribers generally.
PEG CHANNEL. A public, educational or governmental channel which is carried on a cable system.
PERMIT. A written authorization issued to a cable operator by the city, other than a franchise.
PUBLIC WAY. Any public street, public place, public easement or right-of-way dedicated to the public use.
REPORTING QUARTER. A cable operator's fiscal quarter as reported to the city. If a cable operator does not report to or notify the city concerning the dates of its fiscal quarters, then the REPORTING QUARTERS for a cable operator shall be considered to be the periods ending on the last day of March, June, September and December of each calendar year.
SCHOOL. Any K-12 school operated within the city by any public school system.
SERVICE TIER. A category of cable service or other services provided by a cable operator, and for which a separate rate is charged.
STATE. The State of Nebraska.
SUBSCRIBER. A person lawfully receiving cable service delivered by a cable operator.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
VIDEO PROGRAMMING PROVIDER. A provider of video programming which is authorized by the city or applicable law to utilize the public way to provide video programming to residents of the city.
(B) It is intended that the definitions of any of the terms above which are also defined in the Cable Act be consistent with the corresponding Cable Act definitions. In the event that it is determined that any of the above definitions are inconsistent with the Cable Act, then the definitions contained in the Cable Act shall control.
(Ord. 4016, § 1, 12-17-2019)