For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATES OF ANOTHER PERSON.
(1) Any person directly or indirectly owning, controlling or holding, with power to vote, 5% or more of the outstanding voting securities of such other person;
(2) Any person, 5% or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with power to vote, by such other person;
(3) Any person directly or indirectly controlling, controlled by, or under common control with, such other person; and
(4) Any officer, director, partner, copartner or executive employee of such other person.
ANNUAL GROSS REVENUES. All revenues received by a grantee, its affiliates and/or subsidiaries, from and in connection with the operation of a broadband telecommunications network (BTN) in the city, and all revenues generated by the network or from the use of the network, including, but not limited to, retail sales of personal property, data transmission, alarm or signal transmission, advertising revenue, charges to subscribers for basic service, pay service, two-way service and installation and any and all revenue received from any source whatsoever for use of the network for the transmission of electronic or microwave impulses, provided that the revenue may lawfully be included in the base on which the city may calculate the franchise fee herein. ANNUAL GROSS REVENUES does not include sales taxes or other taxes or fees which are separately billed to subscribers by the grantee or which are collected from subscribers for remittance to a governmental agency or other third party.
BASIC SERVICE. The service package offered by the grantee to subscribers, which package includes, but is not limited to, the signals referred to in § 116.050(A) and at least one municipal access channel, at least one educational access channel and at least one public interest channel. If more than one service package meets such conditions, then the service package which is offered at the lowest rate shall constitute the basic service.
BROADBAND TELECOMMUNICATIONS NETWORK (BTN) or NETWORK. All of the component physical, operational and programming elements of any NETWORK of cables and optical, electrical or electronic equipment, including cable television, designed, constructed, wired or used for the purpose of producing, receiving, amplifying and transmitting, by coaxial cable, fiber optics, microwave or other means, audio and/or audio/visual electrical impulses of television, radio and other intelligences, either analog or digital, for sale or use by the inhabitants of the city, including, without limitation, antennas, cables, wires, lines, towers, amplifiers, conductors, converters, equipment and facilities.
COMMENCE OPERATION. That time and date when operation of the network is considered to have commenced, which shall be when sufficient distribution facilities have been installed so as to permit the offering of full network service to at least 20% of the potential subscribers in the franchise territory.
FCC. The Federal Communications Commission and any legally appointed or elected successor with respect to federal regulation and licensing in connection with the subject matter of this subchapter.
FRANCHISE. The nonexclusive rights granted pursuant to this subchapter to construct and operate a broadband telecommunications network along the public ways in the city. The authorization, in whatever form granted, does not include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of the city.
FULL NETWORK SERVICE. Basic service and all pay services. FULL NETWORK SERVICE does not include two-way service.
GRANTEE. Any person receiving a franchise pursuant to this subchapter and under the granting franchise ordinance, its present subsidiaries and affiliates and its lawful successor, transferee or assignee.
PAY SERVICE. Any service package for which a monthly or other service charge is made.
PUBLIC SCHOOL. Any public elementary or high school, and any private school having a curriculum the same as ordinarily given in a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.
REASONABLE NOTICE. Written notice addressed to the grantee at its office, which notice shall be certified and postmarked not less than four days prior to the day on which the party giving the notice commences any action which requires the giving of notice. In computing the four days, Saturdays, Sundays and holidays recognized by the city shall be excluded.
SALE. Includes any SALE, exchange, barter or offer for SALE.
SERVICE PACKAGE. One or more communications channels which are offered as a unit by the grantee to subscribers and for which a separately identifiable charge is made.
STREET. Any of the following ways that have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the city limits: STREETS, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the city permits to be included within the definition of STREET from time to time.
SUBSCRIBER. Any person receiving a service package.
SUBSTANTIALLY COMPLETED. That sufficient distribution facilities have been installed by the grantee so as to permit the offering of full network service to at least 90% of the potential subscribers in the franchise territory.
TWO-WAY SERVICE. Any service which involves the transmission of a signal from a subscriber to a facility maintained by the grantee as part of the network. TWO-WAY SERVICE includes, but is not limited to, fire, security and medical alert systems.
(2000 Code, § 5.12.020)