As used in this chapter, unless the context clearly indicates otherwise:
(1) "Additional subscriber service" means any service not included in basic subscriber television service or basic subscriber radio service or institutional service including, but not limited to, pay cable.
(2) "Agency subscriber" means a subscriber who receives a service in a government or public agency, a school or a nonprofit corporation.
(3) "Basic subscriber radio service" means the provision to all subscribers of such audio services as the retransmission of broadcast FM radio signals, and the retransmission of short-wave news, time and other similar audio broadcast channels, in the transmission of cablecast FM radio signals as permitted by the Federal Communications Commission.
(4) "Basic subscriber television service" means the total of the following:
A. The retransmission to all subscribers of all broadcast television channel signals authorized by the FCC and provided for in this chapter;
B. The provision to all subscribers of nonbroadcast open channel signals originating from sources outside the cable television system;
C. The cablecasting to all subscribers of the local origination channel signal and the public, educational and government access channel signals; and
D. The transmission to all subscribers of all other cablecast open channel signals.
Basic subscriber television service may be offered to subscribers in one or more tiers or combinations of programs.
(5) "Board of Trustees" means the Board of Trustees of the Village.
(6) "Broadcast signals" means television or radio signals that are transmitted over the air to a wide geographic audience and are received by a cable television system off the air, by a microwave link, by satellite receiver or by other means.
(7) "Cable Television Commission" means an agency established pursuant to Section 814.41 as determined by an ordinance of the Board of Trustees. If a CATV Commission has not been so established, the Board shall act as the Cable Television Commission pursuant to Section 814.42 pending the enactment of a Cable Television Commission ordinance.
(8) "Cable television system" means a cable communications system, sometimes referred to as a cable TV system, CATV system or broad band communications network, such system to consist of the following items or any portion thereof: antenna cables, amplifiers, towers, microwave links, cablecasting studios and any other conductors, converters, equipment or facilities designed and constructed for the primary purpose of distributing video programming to home or apartment subscribers in the Village and the secondary purpose of producing, receiving, amplifying, storing, processing or distributing audio, video, digital or other forms of electronic or electrical signals.
(9) "Cablecast signal" means a nonbroadcast signal that originates within the facilities of the cable television system.
(10) "Channel" means 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 a combination of such signals.
(11) "Commercial subscriber" means a subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade or profession in the Village.
(12) "Complaint Officer" means the agent designated by the Board of Trustees who is responsible for administering Section 814.42.
(13) "Converter" means an electronic device which converts signal carriers from one form to another.
(14) "Cost to Village in granting franchise" means costs which include, but are not limited to, consultant's costs, legal costs, secretarial and other reasonable costs and the reasonable value of services performed by Village employees, agents or contractors associated with the award of a franchise agreement. Upon billing of all of these actual costs to the grantee, the grantee shall pay such costs.
(15) "Downgrade in service" means any change requested by the subscriber that results in a reduction in the number of, and the total cost of, the premium services purchased by the subscriber.
(16) "Educational channel" or "educational access channel" means a channel for which educational institutions are the only designated programmers.
(17) "Federal Communications Commission (FCC)" means the present Federal agency of that name or any successor agency thereto established by the United States Congress.
(18) "Franchise agreement" means the nonexclusive rights granted to construct and operate a cable television system along the public ways in the Village, or within specified areas in the Village, which agreement is not intended to include any license or permit required for the privilege of transacting and carrying on a business in the Village as may be required by other ordinances and laws of the Village.
(19) "Franchise area" means that portion of the Village for which a franchise is granted under this chapter. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the Village, including all territory thereafter annexed to the Village.
(20) "Governmental channel" or "government access channel" means a channel for which local government agencies are the only designated programmers.
(21) "Grantee" means the person to whom a franchise is granted for the construction, operation, maintenance and reconstruction of the cable television system, and the lawful successors, transferees or assignees of such person.
(22) "Grantor" means the Village, represented by the Board of Trustees and President thereof, acting in the scope of its jurisdiction.
(23) "Gross revenues" means all revenues derived in the Village directly or indirectly by the grantee, or its affiliates, subsidiaries and parents and any person in whom the grantee has a financial interest, including, but not limited to, regular subscriber services, auxiliary services, advertising revenues or any service from or in connection with the operation of the cable system in the franchise area.
(24) "Institutional service" means video, audio, data or other services provided to institutional users or on an individual application, private channel basis. "Institutional service" includes, but is not limited to, two-way video, audio or digital signals among institutions or from institutions to residential subscribers.
(25) "Lateral change in service" means any change requested by the subscriber that does not result in a change in the number of, or the total cost of, the services purchased by the subscriber, but which substitutes one premium channel for another identically priced channel.
(26) "Leased access channel" or "leased channel" means any channel available for lease and programming by persons other than the grantee, including those portions of the other access channels not in use by their designated programmers.
(27) "Local origination channel" means a channel for which the grantee is the only designated programmer and provides video programs to the subscribers.
(28) "Monitoring" means observing a one-way communication signal or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means for any purpose whatsoever.
(29) "Nonbroadcast signal" means a signal that is transmitted by a cable television system that is not involved in an over-the-air broadcast transmission path.
(30) "Open channel" means a channel that can be received by all subscribers without special equipment.
(31) "Person" means a corporation, partnership, proprietorship, individual or organization authorized to do business in the State or a natural person.
(32) "Premium service" means the delivery to subscribers, over the cable television system, of television signals for a fee or charge to the subscribers over and above the charge for basic subscriber service on a per-program, per-channel or other subscription basis.
(33) "Private channel" or "closed circuit channel" means a channel which is available only to subscribers who are provided with a special converter or terminal equipment to send or receive signals on such channel.
(34) "Programmer" means a person who 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 television system.
(35) "Public access channel," "community access channel" or "community channel" means a channel for which any member of the general public or any noncommercial organization may be a programmer, without charge, on a first come/first served nondiscriminatory basis.
(36) "Resident" means a person residing in the Village as otherwise defined by applicable law.
(37) "Residential subscriber" means a subscriber who receives a service in an individual dwelling unit in the Village where the service is not to be utilized in connection with a business, trade or profession.
(38) "School" means any public educational institution, including primary and secondary schools, colleges, universities and all similarly situated private and parochial educational institutions which have received the appropriate accreditation from the State and, where required, from other authorized accrediting agencies.
(39) "Streets and public ways" means the surface of and the space above and below any public street, sidewalk, alley or other public way of any type whatsoever now or hereafter existing as such in the Village.
(40) "Subscriber" means a person, firm, corporation or other entity in the Village who or which elects to subscribe to, for any purpose, service provided by the grantee by means of or in connection with the cable television system.
(41) "Tapping" means observing a two-way communication signal exchange where the observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means for any purpose whatsoever.
(42) "Upgrade in service" means any change requested by the subscriber that results in an increase in the number of, or the total cost of, the premium services purchased by the subscriber.
(43) "Village" means the Village of Richton Park and all the territory within its present and future corporate boundaries.
(44) "Year" means a full calendar year, except that in the case of 1982, "year" means the portion of such year remaining after the effective date of this chapter.
(Ord. 593. Passed 7-12-82; Ord. 598. Passed 8-23-82; Ord. 642. Passed 5-14-84.)