For the purposes of this chapter, the following terms, phrases, words, and their derivations must have the meaning given herein. Terms, phrases and words contained in this chapter that are not defined herein or in a franchise will have their normal and customary meaning. When not inconsistent with the context, words in the singular number include the plural number. The words "must" and "will" are always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory.
BASIC CABLE SERVICE: Means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by a franchise.
CABLE SERVICE: Means:
A. The one-way transmission to subscribers of: 1) video programming, or 2) other programming service; and
B. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
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 subscribers without using any 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 47 USC section 521, except that such facility shall be considered a Cable System 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 47 USC section 573; or e) any facilities of any electric utility used solely for operating its electric utility system.
CHANNEL: Means a portion of the electromagnetic frequency spectrum which is used in a system and which is capable of delivering a television channel (as television channel is defined by the FCC by regulation).
CITY: Means the City of Otsego, Minnesota, a Municipal corporation, in the State of Minnesota.
COMPETITION: Means the offering of cable service to substantially the same potential customers in the City by two (2) or more providers pursuant to franchises.
DROP: Means the cable that connects the ground block on the subscriber's terminal device to the nearest feeder cable of the system.
FCC: Means the Federal Communications Commission, or its lawful successor.
FEE: Means a franchise fee, a fee on gross revenues in-lieu of a franchise fee or an assessment imposed by the City on a grantee solely because of its status as a recipient of a franchise. The term "franchise fee" does not include: a) any tax, fee or assessment of general applicability; b) capital costs which are required by the franchise related to the provision of public, educational, or governmental access facilities; c) requirements or charges incidental to awarding or enforcing the franchise, including payments for bonds, security funds or letters of credit, insurance, indemnification, penalties or liquidated damages; d) any fee imposed under title 17 of the United States Code.
FRANCHISE, CABLE FRANCHISE OR FRANCHISE AGREEMENT: Means an agreement between the City and any provider of cable service pursuant to this chapter granting an initial authorization, or renewal thereof, to provide cable service or operate a system in the City.
GRANTEE: Is any recipient of a franchise, and its agents and employees, lawful successors, transferees or assignees.
GROSS REVENUES: Means all revenues received by a grantee or its affiliates from the sale or provision of cable service in the City. By way of example and not limitation, gross revenues shall include all carriage revenues received by a grantee or its affiliates from unaffiliated video programming providers, and any advertising revenues received by a grantee or its affiliates in connection with the provision of cable service. Gross revenues shall not include bad debt, any taxes or fees on services furnished by the grantee imposed by any municipality, state, or other governmental unit and collected by the grantee for such governmental unit, revenues received by the grantee or its affiliates from the provision of telecommunications services in the City, fees collected by a grantee or its affiliates from subscribers, and any other fees collected by a grantee or its affiliates from subscribers to support PEG access facilities.
INSTALLATION: Means the connection of the system with the subscriber terminal device.
LOCKOUT DEVICE: Means an optional mechanical or electrical accessory to a terminal device which inhibits the viewing of a certain program, certain channel or channels provided over a system.
NORMAL BUSINESS HOURS: Means those hours during which most businesses in the City are open to serve customers. Normal business hours generally means between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. but must include some evening hours at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS: Means those service conditions which are within the control of a grantee. Those conditions which are not within the control of a 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 a 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/construction of a grantee's facilities.
OPEN VIDEO SYSTEM: Means a facility consisting of a set of 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, provided that the FCC has certified such Open Video System complies with 47 CFR subpart S.
PEG ACCESS FACILITIES: Means public, educational, and governmental programming channels, or any equipment or facilities for use of such channels.
PAY TELEVISION: Means the delivery of pay-per-channel or pay-per- program audio-visual signals to subscribers for a fee or charge, in addition to the charge for cable service.
PERSON: Means any natural person, firm, partnership, association, corporation, company, or other legal entity.
RIGHT-OF-WAY OR RIGHTS-OF-WAY: Means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units.
RIGHT-OF-WAY ORDINANCE: Means an ordinance adopted by the City creating requirements regarding regulation, management and use of rights-of-way, including registration and permitting requirements.
STANDARD INSTALLATION: Means any residential installation that can be completed using a drop of one hundred fifty feet (150') or less.
SUBSCRIBER: Means any person who lawfully receives cable service via a system.
SYSTEM: Means a Cable System, an Open Video System or any other network of antennas, cables, wires, lines, towers, waveguides, or other conductors, terminal devices, equipment, or facilities located in whole, or in part, in the City and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing cable service in the City.
TELECOMMUNICATIONS SERVICES: Shall have the meaning ascribed in 47 USC section 153(46), as may be explained or interpreted by final action of the FCC.
TERMINAL DEVICE: Means an electronic device that converts signals to a form accessible by the subscriber. (Ord. 2019-03, 1-28-2019)