For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are always mandatory and the word "may" is directory or permissive. Words not defined shall be given their common and ordinary meaning.
(a) "Agreement" means the Franchise Agreement granted under the provisions herein and all modifications, amendments, renewals, and extensions thereof.
(b) "Application" means the proposals for renewal of existing Franchises or for the granting of competing or subsequent Franchises.
(c) "Approved" means approval of the Advisory Utilities Commission, or its designated representative, as applied to a location, condition, technical standard, or method of construction, or approval by other authorities designated by law or ordinance to give approval to the matter in question.
(d) "AUC" means the Advisory Utilities Commission of the City of Oxford or designee.
(e) "Basic Cable Service" as defined by Section 602 (3) of the Cable Act of 1992, "means any service tier which includes the retransmission of local television broadcast signals and those channels designated for public education and governmental broadcasting."
(f) "Cable Act" means The Cable Television Consumer Protection and Competition Act of 1992 (P.L. 102-385), as it amends, The Cable Communications Policy Act of 1984 (P.L. 98-549; 47 U.S.C. #521 et seq.), as it amends, The Communications Act of 1934 (47 U.S.C. ## 151 et seq.), and any future amendments thereto.
(g) "Cable Channel" or "Channel" means a portion of the electromagnetic or light frequency spectrum which is used in a cable system and which is capable of delivering a broadband voice, video, audio, or data signal by means of coaxial, copper, optical fibers or any other means now available or that may become available.
(h) "Cable Subscriber Service" shall mean all video programming provided over a cable system except that provided on the basic service tier or on a per-channel or per program basis.
(i) "Cable Television Service or Cable Service" means (1) the one-way transmission to subscribers of (a) video programming or (b) other programming service, and (2) subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
(j) "Cable Television 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 television service which includes video programming and cable television services, and which is provided to multiple subscribers within the community. Such term does not include (1) a facility that serves only to retransmit the television signals of 1 or more television broadcast stations; (2) a facility that serves only subscribers in 1 or more multiple dwelling units under common ownership, control, or management, unless such facility uses public right-of-way; (3) 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 such facility shall be considered a cable system (other than for the purposes of Section 621 of the Cable Act) to the extent such facility is used in the transmission of video programming and/or other cable television services or programming directly to the subscribers; or (4) any facilities of any electric utility used solely for operating its electric utility systems.
(k) "Chairperson" means the chairperson of the Advisory Utilities Commission.
(l) "City" means the City of Oxford, Ohio, hereinafter sometimes referred to as "Grantor".
(m) "City Council or Council" means the City Council of the City of Oxford, Ohio.
(n) "Commission" means The Federal Communications Commission, sometimes referred to as the "FCC".
(o) "City Manager" is that person duly appointed by the City Council.
(p) "Convertor" means an electronic device, with an appropriate channel selector, which permits the Subscriber to view all authorized signals offered by the Franchisee.
(q) "Downstream Television Channels" means all cable television programming originating from franchisee's headend to Subscribers.
(r) "Drop" or "Service Drop" means the cable that connects the Subscriber terminal at a point in the Subscriber's home to the nearest feeder cable of the System.
(s) "Franchise" means the initial authorization, or the renewal thereof, issued by the franchising authority, which authorizes the construction and/or operation of a Cable System.
(t) "Franchisee" means any person, persons, partnership, company, corporation, firm, trust, joint stock venture, association, or government entity, or the assignee, heir, or successor of the Franchisee of a Cable Television System within the City; (1) who provide cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(u) "Franchising Authority" means the City Council of Oxford, Ohio.
(v) "Gross Revenue" means all revenue received directly or indirectly by a Franchisee, arising from or attributable to the sale or exchange of Cable Services by the Franchisee within the City, including but not limited to, monthly Basic Subscriber Fees; monthly Subscriber fees for optional service(s); monthly Subscriber fees for any tier(s) of service other than Basic Service; installation; disconnection; and reconnection fees; leased channel fees; fees, payments, or other considerations received from programmers; equipment sales or rentals (including convertors and remotes); studio and production equipment rental and other revenues derived from the use of local origination facilities provided by the Franchisee; advertising revenues; and the sale of, awards for, or any exchange of value for any programming developed for community service or local origination or institutional channels on the system. This sum shall not include any taxes, including the franchise fee, imposed upon the subscriber by any federal, state, county, city, or other governments and collected on behalf of that government. This sum shall be the basis for computation of the Franchise Fee as prescribed in Oxford Code Section 731.13 (b).
(w) "Installation" means the act of connecting the feeder cable of the system to the Subscriber terminal enabling cable service to be received by the Subscriber.
(x) "Noncable Service" means any service distributed over the System other than Cable Service.
(y) "Other Programming Services" means information that a Franchisee makes generally available to all Subscribers.
(z) "Pay Television" means delivery of per-channel or per-program audio-visual Signals to Subscribers for a fee or charge, in addition to the charge for Basic Service.
(aa) "Person" means any natural person or association, firm, company, corporation, partnership, joint stock venture, government entity, or other legally recognized entity, whether for-profit or not-for-profit.
(bb) "Public, Educational, or Governmental Access (PEG)" means channel capacity and/or facilities and equipment designated for public, educational, or governmental use.
(cc) "Public Property" means any real property, other than a street, owned by any government entity.
(dd) "Service" means any Cable or Noncable Service, whether offered by the Franchisee or any other Person, which is offered to any Person in conjunction with or distributed over the System.
(ee) "Service Director" is that person duly employed and designated by the City Manager of Oxford. (95) "Signal" means any transmission of radio frequency or optical information.
(gg) "Street" means the surface of and the space above and below any public street, road, highway, freeway, lane, path, way, alley, court, sidewalk, boulevard, parkway, drive, or any public easement or right-of-way now or hereafter held by the City.
(hh) "Subscriber" means any Person or entity who lawfully receives a Service provided by the Franchisee, whether or not a fee is paid for the Service.
(ii) "System Upgrade" means the process by which the System will be upgraded pursuant to Section 731.13 herein.
(jj) "Trunk" means that section of the coaxial or fiber cable system used primarily for primary transmission of Signal in itself uninterrupted for the purpose of subscriber service.
(kk) "Two-Way System" means the headend, trunk cables, distribution system, amplifiers, and other technical components have the equipment in place to pass video, audio, voice, and/or data Signals in both directions simultaneously.
(ll) "Upstream Television Channels" means the transmission of signal from a drop-back through the trunk to the headend for HUB facility distribution throughout the system.
(Ord. 2439. Passed 1-2-96.)
(Ord. 2439. Passed 1-2-96.)