For the purpose of this Chapter the following words, phrases and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in present tense include the future; words in the plural number include the singular number. The word "shall" is mandatory, and "may" is permissive.
(a) "Channel" means a frequency in the electromagnetic spectrum capable of carrying an audio-data or an audio-visual television signal, as defined by FCC rules and regulations.
(b) "Company" means a company, corporation, partnership or other entity granted a franchise by the Corporate Authorities.
(c) "Corporate Authorities" means the President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois.
(d) "FCC" means the Federal Communications Commission, established by the Communications Act of 1934, as amended, and shall include any successor agency or other agency with respect to the federal regulation and licensing in connection with the subject matter of this Ordinance.
(e) "Franchise Area" means the corporate limits of the Village of Orland Park, including all territory hereafter annexed by the Village.
(f) "Gross Revenues" shall mean all amounts received, directly or indirectly, by a Company from the operation or use of the System in the Village, including but not limited to revenue received from regular subscriber service fees, premium programming fees, installation fees, reconnection fees, subscriber revenues, revenues for security monitoring services, leased channel fees, converter rentals, studio rental, production equipment fees, workshop fees and advertising revenues; provided, however, that Gross Revenues does not include revenue derived from the sale of company assets (except that revenue from retail sales shall be included in "Gross Revenues"), any franchise fees imposed by this Chapter and collected by a Company for Subscribers, or any taxes on services furnished by a Company herein imposed directly upon any Subscriber by the state, local or other governmental units and collected by a Company on behalf of said governmental unit. With respect to nonSubscriber revenues (e.g., studio rental revenue, leased access revenue and advertising revenue), Gross Revenues shall include only a pro-rated portion of such revenues, with such pro-rated amount based on the ratio of number of subscribers served by a Company who reside in the Village and the total number of subscribers served by the System who do not reside in the Village.
(g) "Grant" means the right, privilege and franchise provided in Subsection (a) of Section 3 of this Chapter.
(h) "Village" means The Village of Orland Park, Cook and Will Counties, Illinois.
(i) "Person" means any individual, firm, partnership, limited partnership, association, corporation, company or organization of any kind.
(j) "Potential Subscribers" means those Persons within the Franchise Area who are not Subscribers.
(k) "Public Rights-of-Way" means all sidewalks, streets and alleys in the Village which are dedicated to the Village for street, highway, sidewalk, lighting, drainage, utility or cable television purposes, and all public ways and places contiguous thereto.
(l) "Subscriber" means any Person lawfully receiving service from or using the System under the Grant pursuant to a Franchise Agreement.
(m) "System" means the cable communications system owned by a Company and used to serve the Village and composed of, without limitation, antenna, cables, wires, lines, towers, amplifiers, conductors, converters, equipment or facilities designed, constructed or wired for the purpose of providing: (i) one-way transmission to Subscribers of video programming or other programming services, any Subscriber interaction that is required for the selection of such video programming or other programming services, and (ii) any other lawful communications services.