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 plural number include singular number and words in the singular number include the plural. Further, the word SHALL is always mandatory.
ADDITIONAL SERVICE. Any communications service other than basic service provided under the system by the grantee including, by way of example, but not limited to, burglar alarms, advertising, data or other electronic intelligence transmissions, facsimile reproduction, meter reading and home shopping.
ANNUAL GROSS RECEIPTS. Any and all revenue derived from basic cable service, expanded cable service and pay television service that is paid by subscribers on a monthly basis. This compensation shall be that derived from the operation of a cable communications system in the unincorporated areas of the county.
APPLICANT. Any person, firm or corporation submitting an application to the County Fiscal Court for a franchise to operate a CATV system under the terms and conditions set forth by the Fiscal Court.
BASIC SERVICE. The simultaneous delivery by the company to television receivers (or any other suitable audio-video communications receiver), to subscribers in the county of all signals required herein to be transmitted by the company.
CATV. Community antenna television.
CHANNEL. A band of frequencies, six megahertz wide in the electromagnetic spectrum which is capable of carrying either one audio-video television signal or a number of non-video signals.
COMMUNITY ANTENNA TELEVISION SYSTEM.
(1) Cable communications system or CATV system which includes any facility which:
(a) In whole or in part receives directly or indirectly over the air and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television and/or AM and FM radio stations and distributes those signals by wire or cable to subscribing members of the public who pay for those services;
(b) Distributes by cable or wire, news, weather and other information including civil defense type information as required as an incidental part of CATV service to all subscribers without additional charge; and/or
(c) Distributes any and all other lawful communications including the transmission of any special television program or event for which a separate and distinct charge is made to the subscriber in a manner commonly known and referred to as pay television.
(2) This definition shall not include any similar facility that serves only the residents of one or more apartment or condominium or commercial establishments under common ownership, control or management.
COUNTY. Oldham County, Kentucky.
FISCAL COURT. The Fiscal Court of Oldham County, Kentucky.
FRANCHISE. The non-exclusive rights granted hereunder to construct and operate a cable communications system along the streets, alleys and public ways in the unincorporated areas of the county, or within specified areas in the county.
FRANCHISEE or GRANTEE. The persons, firm or corporation to whom or to which a franchise as herein before defined is granted by the Fiscal Court under this chapter or anyone who succeeds the person in accordance with the provisions of the franchise.
STREET. The surface of, and the space above and below, any public road, street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive or other public right-of-way including public utility easements or rights-of-way and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the county which shall entitle the county and the franchisee to the use thereof for the purpose of installing, operating, repairing and maintaining the franchisee’s cable communications system. The word shall also mean any easement now or hereafter held by the county for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by the county, which shall within their proper use and meaning entitle the county and the franchisee to the use thereof for the purposes of installing or transmitting cable communications transmissions over poles, wire, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, compliances, attachments and other property as may be ordinarily necessary and pertinent to a cable communications system.
SUBSCRIBER. A purchaser of basic service as herein defined, delivered over the system.
(Ord. 400.450.1, passed 10-17-1980; Ord. 400.450.1-A, passed 11-20-1981)