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 word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
CABLE SERVICE: A. The one-way transmission to subscribers of video programming or 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; and
C. Any additional services as may be included in the definition of "cable service" pursuant to FCC rule, congressional legislation or federal judicial decision not subject to further appeal.
CABLE SYSTEM OR SYSTEM: A permittee's system of antennas, cables, amplifiers, towers, microwave links, waveguides, satellites, or any other conductors, converters, equipment or facilities designed and construed for the purpose of producing, receiving, amplifying, storing, processing, or distributing audio, video, digital, or other forms of electronic, electrical, or light signals capable of being transmitted by wire, cable, fiber optics, or radio to subscribing members of the public in the city who pay for such services.
CHANNEL OR CABLE CHANNEL: A portion of the electromagnetic frequency spectrum that is used in a cable system and which is capable of delivering a television channel as defined by the federal communications commission.
COUNCIL: The mayor and board of commissioners of the city of Ponca City, Oklahoma.
GRANTEE: Any person receiving a permit pursuant to this chapter, its agents, employees, officers, designees, or any lawful successor, transferee or assignee.
GRANTOR OR CITY: The city of Ponca City, Oklahoma, as represented by the mayor and board of commissioners.
GROSS ANNUAL REVENUES: All revenues legally or permissibly derived directly or indirectly by the grantee or any person in which the grantee has a financial interest from or in connection with the operation of the system pursuant to a permit granted hereunder, including, but not limited to, basic subscriber and additional service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, and advertising revenue; provided however, that gross annual revenues shall not include any fees or taxes imposed directly on grantee or subscriber by any local, state or federal governmental entity and collected by grantee on behalf of that governmental unit.
INSTALLATION: The connection of the system to subscribers' terminals, and the provision of cable service.
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in the community are open to serve customers.
NORMAL OPERATION CONDITIONS: Those service conditions that are within the control of the grantee. Those conditions that are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions, and significant legislative or regulatory requirements. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, regular peak or seasonal demand periods, and maintenance or upgrade of the system.
PERMIT: The nonexclusive rights granted pursuant to this chapter to construct and operate a cable system along the public ways within the city and provide cable services.
PERMIT AGREEMENT: A permit granted pursuant to this chapter, containing the specific provisions of the permit granted, including references, specifications, requirements, and other related matters.
PERMIT FEE: Any tax, fee or assessment of any kind imposed by the city or other governmental entity on a grantee or cable subscriber, or both, solely because of their status as such. The term "permit fee" does not include:
A. Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);
B. Capital costs that are required by the permit agreement to be incurred by the cable operator for public, educational, or governmental access facilities;
C. Requirements or charges incidental to the awarding or enforcing of the permit agreement, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
D. Any fee imposed under title 17 of the United States Code.
PERSON: An individual, partnership, association, organization, corporation, firm, out stock company, joint venture, trust, limited liability company, or other legally reorganized entity, private or public, whether for profit or not for profit, or any lawful successor, transferee, or assignee of said individual, partnership, association, organization, or corporation.
PUBLIC SCHOOL: Any school at any educational level operated within the city by any public, private, or parochial school system, but limited to, elementary, junior high school, and high school.
SERVICE AREA OR PERMIT AREA: The entire geographic area within the city as it is now constituted or may in the future be constituted, unless otherwise specified in the permit agreement.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels affecting at least ten percent (10%) of the subscribers on the system.
STREET: Each of the following that have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights of way and similar public property and areas that the grantor shall permit to be included within the definition of street from time to time.
SUBSCRIBER: Any person who or which lawfully elects to subscribe to, for any purpose, cable service provided by the grantee by means of or in connection with the cable system and who pays the charges therefor, except such persons or entities authorized to receive cable service without charge as described in the permit agreement. (Ord. 6007, 8-23-2004)