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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.
ACCESS CHANNEL — Any program or signal channel available for nonprofit, noncommercial use by government agencies, educational institutions, community groups, or individual members of the public.
ACCESS CHANNEL MANAGER — Any entity designated by the grantor to manager the community access channels facilities and resources defined herein.
ACT — The Cable Communication Policy Act of 1984, as amended from time to time. BASIC CABLE SERVICE — Shall be defined by the Act and any amendments thereto. BROADCAST SIGNAL — A television or radio signal that is broadcast over the air and is
received by a cable communications system off-the-air or by microwave or satellite link.
CABLECAST FACILITY — A facility used to originate cable programming and distribute programming to subscribers.
CABLECAST SIGNAL — A communication signal that originates within the facilities of the cable communications system.
CABLE COMMUNICATIONS SYSTEM — 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.
CABLE SERVICE — The one-way or two-way transmission of video programming or other communication services.
CHANNEL — A six-Megahertz (MHZ) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals, or some combination of such signals.
CITY or GRANTOR — The City of Reading, as it is presently, and may be in the future, constituted.
CLOSED-CIRCUIT OR INSTITUTIONAL SERVICE — Such video, audio, data and other services provided to institutional users on an individual application, private channel basis. These may include, but not be limited to, two-way video, audio or digital signals among institutions, or from institutions to residential subscribers.
COMMUNITY ACCESS CHANNEL or COMMUNITY CHANNEL — The access channels operated and controlled by the access channel manager for public, educational and government purposes. It does not include programs or the signal channel designated as the local origination channels.
CONNECTION CHARGE or INSTALLATION CHARGE — Any nonrecurring charge for connecting a subscriber to the cable television system, or to a particular service.
COUNCIL — The City Council, the governing body of the City of Reading.
EDUCATIONAL CHANNEL — Any educational channel where the Reading School District is the designated programmer.
FCC — The Federal Communications Commission and any legally appointed or elected successor.
FRANCHISE — The rights granted pursuant to this chapter to construct and operate a cable communications system along the public ways within the service area. Any such authorizations, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances and laws of this City.
FRANCHISE AGREEMENT — The ordinance and the grantee's final proposal to be submitted by the grantee and negotiated and accepted by both the grantor and grantee.
FRANCHISE FEE — The charges imposed as consideration for the granting of a franchise and the continuing use of the public streets and rights-of-way.
GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL — Any community access channel where the City of Reading is the only designated programmer.
GRANTEE — Any person, corporation or other business entity receiving a franchise pursuant to this chapter and its lawful successor, transferee or assignee.
GRANTOR — The City of Reading as represented by the City Council or its delegate acting within the scope of its jurisdiction.
GROSS REVENUE — All revenue, as determined in accordance with generally accepted accounting principles, which is received, directly or indirectly, by the grantee and by each affiliated person from or in connection with the distribution of any service over the cable communications system. Gross revenue shall not include:
A. The revenue of any person, including, without limitation, a supplier of programming to the grantee, to the extent that said revenue is also included in gross revenue of the grantee;
B. The revenue of the grantee or any other person which is received directly from the sale of any merchandise through any service distributed over the cable system;
C. Taxes imposed by law on subscribers which the grantee is obligated to collect;
D. Amounts collected by the grantee from subscribers on behalf of leased or access channel programmers, other than affiliated persons, to the extent that said amounts are passed on by the grantee to said programmers;
E. The revenue of any affiliated person which represents standard and reasonable amounts paid by the grantee to said affiliated person for ordinary and necessary business expenses of the grantee, including, without limitation, professional service fees and insurance or bond premiums;
F. Any investment income earned by the grantee;
G. That portion of the fee paid by the grantee to an affiliated person for any service which exceeds the revenue of the grantee from said service; or
H. Any revenues, including subscription fees and advertising receipts, received by the grantee or any affiliated person in connection with the sale within the City of any cable programming magazine, provided that the grantee or an affiliated person provides to all subscribers, without charge, a written listing of all services distributed over the cable system.
INSTITUTIONAL NETWORK or INSTITUTIONAL LOOP — A closed-circuit portion of the cable communication system designed to provide communication services to institutional network users authorized by the franchise agreement or by the grantee.
LEASED CHANNEL or LEASED ACCESS CHANNEL — Any channel available for lease and programming by persons or entities other than the grantee.
LOCAL ORIGINATION CHANNEL — Any channel where the grantee is the only designated programmer and provides local programs to subscribers.
PERSON — An individual, partnership, association, organization, corporation or any lawful successor, transferee or assignee of said individual, partnership, association, organization or corporation.
PROGRAMMER — Any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital, or other signals, either live or from recorded tapes or other storage media, to subscribers, by means of the cable communications system.
PUBLIC CHANNEL or PUBLIC ACCESS CHANNEL — The community access channel available to the public at no charge.
RESIDENT — Any person residing in the City as otherwise defined by applicable law.
SECTION — Any section, subsection, or provision of this chapter.
SERVICE AREA or FRANCHISE TERRITORY — The areas within the boundaries of the City of Reading.
STATE — The State of Pennsylvania.
STREET — Includes each of the following which have been dedicated to the public or 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, right-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the City shall permit to be included within the definition of street from time to time.
SUBSCRIBER — Any person, firm, corporation, or other entity who is authorized to receive a service provided by the grantee by means of or in connection with the cable communications system.
YEAR — A full calendar year.