For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words not defined are given their meaning in Section 602 of the Cable Act, 47 U.S.C. § 522, and, if none, their common and ordinary meaning. 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 “must” or “shall” are mandatory and the word “may” is permissive.
ACCESS CHANNEL. Any channel set aside for public use, educational use, or governmental use without a charge by the franchisee for channel usage.
APPLICATION. A proposal to construct and operate a cable system within the city, transfer a franchise, renew a franchise, or modify a franchise. An APPLICATION includes the initial proposal plus all subsequent amendments or supplements to the proposal and relevant correspondence.
CABLE ACT. The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq.
CABLE SERVICE. The term as defined in item (6) of 47 U.S.C. 522 (2012), as amended.
CABLE SYSTEM. The term as defined in item (7) of 47 U.S.C. 522 (2012), as amended.
CONTROL OF A FRANCHISEE OR APPLICANT. The legal or practical ability to direct the affairs of the franchisee or applicant either directly or indirectly, whether by contractual agreement or majority ownership of an economic interest.
CITY. Paxton, Illinois, in its present incorporated form or in any form which may subsequently be adopted.
COUNCIL. The City Council that is the legislative body of the city.
CITY CLERK. The administrative officer of the city or designee.
FAIR MARKET VALUE. The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time but with no value allocated to the franchise itself.
FCC. The Federal Communications Commission.
FRANCHISE. The term as defined in item (9) of 47 U.S.C. 522 (2012), as amended.
FRANCHISE AGREEMENT. A contract entered into in accordance with the provisions of this chapter between the city and a franchisee that sets forth the terms and conditions under which the franchise will be exercised.
FRANCHISEE. Any person granted a franchise pursuant to this chapter.
GROSS REVENUES. The term as defined on June 1, 2012, in ILCS Ch. 220, Act 5, § 21-801(c). The repeal of the aforesaid section shall not affect this definition.
PERSON. The term as defined in item (15) of 47 U.S.C. 522 (2012), as amended.
SUBSCRIBER. Any person who legally receives any one or more of the services provided by the cable system.
SYSTEM MALFUNCTION. An equipment or facility failure that results in the loss of satisfactory service on one or more channels. A malfunction is major if renders unviewable two or more channels carrying off-the-air television signals, or a total of five channels regardless of the signals carried, and it affects five or more subscribers.
TRANSFER OF A FRANCHISE.
(1) Any transaction in which:
(a) An ownership or other interest in a franchisee is transferred from one person or group of persons to another person or group of persons so that control of the franchisee is transferred, or
(b) The rights held by the franchisee under a franchise agreement are transferred or assigned to another person or group of persons.
(2) A transfer is pro forma if it involves no significant change in the ultimate control of the franchisee.
(Ord. 89-15, passed 5-8-89; Am. Ord. 12-49, passed 9-10-12)