For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein:
BASIC SERVICE: All subscriber services provided by the grantee in one or more service tiers, which includes the delivery of local broadcast stations, and public, educational and governmental access channels. The basic service does not include optional program and satellite service tiers, a la carte services (to the extent such services are not basic service under FCC rules), per channel, per program or auxiliary services for which a separate charge is made. However, grantee may include other satellite signals on the basic service.
CABLE ACT: The cable communications policy act of 1984, 47 USC 532 et seq., including the cable television consumer protection and competition act of 1992, and the telecommunications act of 1996, as now and hereafter amended.
CABLE FRANCHISE: The granting by the village the right and privilege to establish, construct, operate and maintain a system and facilities in, over, upon and under the public right of way and within easements or other rights to use property which are effective for the purpose of that grant; said system defined in 65 Illinois Compiled Statutes 5/11-42-11 (also franchise).
CABLE OPERATOR: Any person or persons, including, but not limited to, corporations, partnerships, and joint ventures, who provide cable services through means of a cable system, multichannel video providers, which may include, but is not limited to, open video system providers or video providers which provide a video signal to their subscribers by means of leased telephone or other telecommunications lines which are located in a public right of way, and who own a significant interest in the cable system, or any person or persons who manage, control, coordinate, or direct the operations of a cable system.
CABLE SERVICE: The one-way transmission to subscribers of: a) video programming, or b) other such programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. This agreement shall not include telecommunications services as defined by the telecommunications act of 1996.
CABLE SYSTEM: A community antenna television system or CATV system as defined in section 11-42-11 of the Illinois municipal code, and as amended from time to time, including a system of antennas, cables, wires, lines, towers, wave guides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing audio, data, video and other forms of electric, electrical or optical signals, which includes cable television service and which is located in the village. The definition shall not include any such facility that serves or will serve only subscribers which does not use village rights of way.
CHANNEL: A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as a television channel is defined by the federal communications commission. Control and/or actual working control or ownership of a system in whatever manner exercised.
CONTROLLING INTEREST: A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or entity (except underwriters during the period in which they are offering securities to the public) holding twenty percent or more of a cable system or the franchise under which the system is operated. A change in the control or controlling interest of an entity, which has control or a controlling interest in a grantee shall constitute a change in the control or controlling interest of the system under the same criteria. Control or controlling interest as used herein may be held simultaneously by more than one person or entity.
CONVERTER: An electronic device which converts signals to a frequency within the television receiver of a subscriber and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations.
CORPORATE AUTHORITIES: The president and board of trustees of the village of River Forest.
FCC: The federal communications commission and any legally appointed, designated or elected agent or successor.
FRANCHISE AGREEMENT: A written agreement entered into between a grantee and the village wherein the franchise and the terms thereof are conferred upon the grantee (also agreement).
FRANCHISE AREA: Shall be the corporate limits of the village of River Forest including all territory thereafter annexed to the village of River Forest.
FRANCHISE FEE: Shall be as defined in the cable act as amended from time to time.
FRANCHISEE OR GRANTEE: The natural person, partnership, domestic and foreign corporation, association, joint venture or organization of any kind granted a franchise by the corporate authorities under this chapter or its lawful successor, transferee, or assignee.
GROSS REVENUES: Includes all revenue received by a grantee, or its affiliates, derived directly or indirectly from and in connection with the operation of the grantee's cable system to provide cable service within the village, including, but not limited to, revenues, fees, receipts or charges from or for: basic tier cable service; any tier of video programming service other than basic service; any optional, premium, per-channel or per program service; high speed internet access service, (such as internet services carried over the cable system as defined as a cable service under title VI of the cable act), digital music service, any installation, disconnection, reconnection, change- in-service or other customer service; rentals of converters, remotes or other customer premises equipment; commercial leased channels or channel access; advertising sales revenue, including a per subscriber share of revenues received for advertising carried on one or more cable systems in addition to the grantee's cable system within the village; revenues from home shopping channels; the sales of programming guides; and such other revenue sources as may now exist or hereafter develop, provided that such revenues, fees receipts or charges may lawfully be included in the gross revenue base on which the village may calculate and collect franchise fees. Gross revenues shall not include any amounts refunded to subscribers, any unpaid subscriber or advertiser accounts and any sales tax, telecommunications tax, utility message tax or other taxes imposed directly upon any subscriber or user by the village, the state or other governmental unit and collected by the grantee on behalf of and for remittance to the village, the state or other governmental unit. As used herein, annual gross revenues shall mean gross revenues attributable to a twelve month accounting period, or portion thereof.
INSTALLATION: The connection of the system from feeder cable to the subscribers' terminals.
NORMAL BUSINESS HOURS: Means those hours during which similar businesses in the village are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS: Those service conditions that are within the control of the grantee. Those conditions which 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. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of the cable system.
PERSON: Corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals supports and foundations for such facilities.
PUBLIC, EDUCATIONAL OR GOVERNMENTAL ACCESS CHANNELS OR PEG ACCESS CHANNELS: The channel capacity designated for noncommercial public, educational, or governmental access programming.
PUBLIC, EDUCATIONAL OR GOVERNMENTAL ACCESS FACILITIES OR PEG ACCESS FACILITIES: Those facilities and equipment utilized for the production and playback of public, educational, and governmental access programming.
PUBLIC STREET: The surface, the air space, and the area below the surface of any highway, street, alley, lane, path, sidewalk, boulevard, drive, or bridge, now or hereafter held by the village, used for motor vehicle or pedestrian travel under the jurisdiction and control of the village, which has been acquired, established, dedicated or devoted to highway purposes but only to the extent of the village's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for cable communications facilities.
PUBLIC WAY: The surface and the space above and below the surface of any public parkway, driveway, sidewalk, conduit, tunnel, park, square, waterway, utility easements, and other public right of way, now or hereafter owned by the village, but only to the extent of the village's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for cable communications facilities.
RENEWED FRANCHISE: Any franchise renewed pursuant to the franchise renewal procedures in section 626 of the 1984 cable act, as amended.
REQUESTS FOR PROPOSAL: The village's requests for proposal to initially construct and operate a cable communication system within the corporate limits of the village.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels.
STATE: The state of Illinois.
SUBSCRIBER: Any member of the general public who lawfully receives the regular subscriber service and/or any one or more of such other services as may be provided by the grantee's cable system and does not further distribute such service.
TRANSFER: Any transactions or series of transactions which, singularly or collectively, result in the sale, assignment or transfer of all or a majority of the assets of the grantee or the cable system or a change of twenty percent or more of the ownership or working control of the grantee, of the ownership or working control of the franchise or of the ownership or working control of affiliated entities having ownership or working control of the grantee, the franchise or cable system. Franchise transfers require village approval as provided in this chapter. Transactions between affiliates of the grantee are not exempt from village approval, except as specifically provided in a franchise agreement between the village and the grantee.
UNDERGROUND FACILITIES: Utility and cable communications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
USER: A person or organization utilizing a system channel for purposes of production or transmission of material as contracted with receipt thereof in a subscriber capacity.
UTILITY EASEMENT: Any easement owned by the village and acquired, established, dedicated or devoted for public utility purposes not inconsistent with cable communications facilities.
VILLAGE: The village of River Forest, Cook County, Illinois.
VILLAGE BOARD: The village president and board of trustees of the village of River Forest.
VILLAGE CODE: The village code of ordinances. (Ord. 2901, 11-13-2000)