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§ 115.03 DEFINITIONS
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BASIC SERVICE. All subscriber services provided by licensee covered by the regular monthly charge paid by all subscribers, excluding optional services for which a separate charge is made, or as specifically provided in the license agreement.
   CABLECASTING. A non-broadcast signal that originates within the facilities of the cable communications system.
   CABLE COMMUNICATIONS SYSTEM. Any facility that, in whole or in part, receives directly or indirectly over the air, and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television or radio stations and distributes such signals together with such other signals as authorized by the Federal Communications Commission and the town by wire or cable to subscribing members of the public who pay for such service, but the term shall not include:
      (1)   Any such system that serves only the residents of one or more apartment dwellings under common ownership and commercial establishments located on the premises of such apartment dwellings; or
      (2)   Any such system the facilities of which do not use a public street, road, alley or easement if there is a connection of any such exempt system to a licensed system such exemption shall cease.
   CHANNEL. A six megahertz (MHZ) frequency band capable of carrying one standard color video signal or a combination of non-standard signals.
   FCC or FEDERAL COMMUNICATIONS COMMISSION. The agency as presently constituted by the Communications Act of 1934 as amended or any successor agency.
   LICENSE. The right and authority granted by this chapter to licensee to construct, maintain and operate a cable television system through use of the public streets, other public rights-of-way or the public places in the town.
   LICENSE AREA. The area within the bounds of the town.
   LICENSEE. A person who executes a license agreement with the town, in accordance with this chapter for the non-exclusive privilege to erect, construct, operate, maintain or dismantle a cable communication system in the town.
   PERSON. Any individual, corporation (whether for profit or non-profit), joint venture, partnership or any other business entity who holds or applies for a license from the town.
   PRIVATE CHANNEL. Any channel which is available only to subscribers who are provided with a special tap, converter or terminal equipment to receive signals on that channel.
   SUBSCRIBER. Any person or entity receiving cable services of licensee.
   SUBSCRIBER DENSITY. The number of business or residential units per mile of system. Business and residential units shall be counted when they are within 250 feet of any portion of the cable distribution system including trunk or feeder cable.
   TWO-WAY CAPABILITY. The ability to receive and transmit signals of any type from a subscriber terminal to other points in the system.
(Prior Code, § 14-1-3)
§ 115.04 LICENSE REQUIREMENT.
   No person shall construct, install, maintain or operate a cable communication system within, along, over or under any street or other public property in the town, unless a license has first been granted pursuant to the provisions of this chapter.
(Prior Code, § 14-1-4) Penalty, see § 10.99
§ 115.05 APPLICATION.
   (A)   Any person desiring to construct, install, maintain or operate a cable communication system within the area under the jurisdiction of the town shall make an application to be licensed to serve this area. This application shall consist of executed application forms as prescribed and furnished by the town. Failure of any applicant to fully provide all information requested on the application forms will be sufficient cause for not considering the application. This application shall be filed with the Town Clerk.
   (B)   Any application filed with the town prior to the adoption of this chapter shall, upon payment of the application fee as required in § 115.09 of this chapter, be considered a valid application.
(Prior Code, § 14-1-5)
§ 115.06 STANDARDS FOR GRANTING OR DENYING LICENSE APPLICATIONS.
   In making any determination as to an application, the Council shall give due consideration to the quality of the service proposed, the experience, character, background and financial responsibility of the applicant, willingness and ability to abide by the license limitations and requirements, and any other considerations deemed pertinent by the Council for safeguarding the interest of the town and the public.
(Prior Code, § 14-1-6)
§ 115.07 LICENSE AGREEMENT.
   (A)   Upon the granting of a license by the town, the licensee shall execute a license agreement within 60 days. The license agreement shall incorporate all terms and provisions of this chapter wherein a requirement is placed upon the licensee, either expressed or implied by this chapter. The licensee shall expressly and specifically agree to accept the terms of and be bound by the terms of this chapter and any amendments thereto. This agreement shall be binding upon the licensee, its successors, lessees or assignees.
   (B)   This license shall be non-exclusive and shall be for a period of 15 years commencing upon the execution of this license agreement between the town and the licensee.
   (C)   Upon written notice by the licensee, not more than one year prior to the fourteenth anniversary of the effective date, and after the holding of a public hearing affording due process, the license may be renewed for a reasonable term, but not for more than 15 years.
(Prior Code, § 14-1-7)
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