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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE ACT. Refers to the Cable Communications Policy Act of 1984, as amended and supplemented by the Cable Television Consumer Protection and Competition Act of 1992, and any amendments thereto as codified in 47 USC 325(b) and 521 et seq.
CABLE 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 FM radio service, and which is provided to multiple subscribers within a community, but shall not include a facility that serves only to retransmit the television signals of one or more television broadcast stations; a facility that serves only subscribers in one or more multiple dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way; a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 USC 201 through 226, except that such facility shall be considered a cable system (other than for purposes of 47 USC 541) to the extent such facility is used in the transmission of video programming directly to subscribers; or any facilities of any electric utility used solely for operating its electric utility systems.
COUNCIL. The present highest governing body of the city or any future board constituting the legislative body of the city.
FRANCHISE. Any authorization granted pursuant to this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable system in the city, including any referenced specifications, franchise applications and other related material within such agreement.
FRANCHISE AGREEMENT. An agreement between the city and grantee, approved by ordinance or resolution of the Council, containing the specific provisions of the franchise granted, including any referenced specifications, franchise applications and other related material within such agreement.
FRANCHISE FEE. The tax, fee or assessment to be paid by grantee to grantor solely because of grantee's operation of a cable system within the franchise territory. Such fee does not include: any capital costs which are required by the franchise to be incurred by the grantee for public, educational, or governmental access facilities; any tax, fee, or assessment of general applicability; or to the extent allowed by law, any franchise application or renewal fees or consulting fee reimbursements payable by the grantee to the city.
FRANCHISE TERRITORY. The portion of the city defined in the franchise agreement for which a franchise is granted.
GRANTEE. The person or entity to whom or which a franchise, as defined above, is properly granted by the Council under this chapter, and the lawful successor, transferee or assignee of the person or entity, pursuant to § 113.018(D) hereto.
GROSS QUARTERLY RECEIPTS. All amounts which are received directly or indirectly, by grantee from or in connection with the operation of its cable system during the first, second, third or fourth three-month period in any year (or portion thereof). Gross quarterly receipts shall include receipts from the distribution of any basic, premium, or pay-per-view service over the cable system to any subscriber; installation, reconnection and similar fees; fees paid for channels designated for commercial use; converter rentals or sales; studio and other facility or equipment rentals, other than those not associated with the operation of the system; advertising revenues (based on the percentage of subscribers in the franchise territory); revenue derived from the sale of products advertised or promoted on the system, to the extent such revenue represents payment, in whole or in part, for the use of a channel on the system. Gross quarterly receipts shall also include the gross revenue of any other person which is derived directly or indirectly from or in connections with the operation of the system, but only to the extent that the revenue is derived through a means which has the effect of avoiding payment of franchise fees to the city that would otherwise be due hereunder and in no event shall it include any amount received by any person for management or consulting services related to the cable system. Gross quarterly receipts shall not include: revenue of any person, including, without limitation, an affiliated person or supplier of programming to grantee, to the extent that the revenue is also included in the gross quarterly receipts of grantee; taxes or other charges imposed by law on subscribers or other person which grantee collects and which grantee passes on, in full, to the applicable authority or authorities; amounts collected by grantee from subscribers on behalf of commercial use or access channel programmers, to the extent that the amounts are passed on in full by grantee to the programmers; any investment income earned by grantee, or receipts from grantee's sale of assets; uncollected amounts, provided, however, that any amounts later collected shall be included immediately upon receipt by grantee; the value of any free service; or the value of any public, educational or governmental services unauthorized and required by this agreement.
PROPERTY OF GRANTEE. All property owned, installed or used by a grantee in the conduct of a television business in the city under the authority of a franchise.
STREET. The surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, easements, licenses, permits, rights-of-way of any kind or nature whatsoever and public property and areas now or hereafter existing as such within the city.
(Ord. 94-09, passed 9-12-94)