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For the purposes of this section 3-1-10, the following terms, phrases and words and their abbreviations and derivations shall have the meanings ascribed to them in the "cable act" (as defined below), unless otherwise defined herein. When not inconsistent with the context, words used in the present tense include the future tense, words used in the plural number include the singular number, and words used in the singular number include the plural number.
BOARD: The village board of trustees of the village or any future body constituting the legislative body of the village.
CABLE ACT: Cable communications policy act of 1984, as amended by the cable television consumer protection and competition act of 1992, and the telecommunications act of 1996 (47 USC 521 et seq.).
CABLE AND VIDEO COMPETITION LAW: The cable and video competition law of 2007 1
CABLE AND VIDEO CUSTOMER PROTECTION LAW: The cable and video customer protection law 2
CABLE SERVICE: As defined in 47 USC 522(6), as amended.
CABLE SYSTEM: As defined in 47 USC 522(7), as amended.
CHANNEL OR CABLE 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 by regulation.
CONTROLLING INTEREST: Actual working control or ownership of a cable system in whatever manner exercised. 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) of fifty one percent (51%) 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 parent shall constitute a change in the control or controlling interest of the cable system under the same criteria. Control or controlling interest as used herein may be held simultaneously by more than one person or entity.
ENTITY: A corporation, joint venture, association, partnership, limited liability company or group of persons acting in concert.
FRANCHISE: An authorization granted by ordinance adopted by the village, or renewal thereof, to construct and operate a cable system.
FRANCHISE AGREEMENT: The agreement entered into between the village and a grantee, and any amendments or modifications thereto.
FRANCHISE AREA: The area within the boundaries of the village where the cable system shall be constructed and operated as agreed to in a franchise agreement.
GRANTEE: An entity to which a franchise is granted or lawfully transferred.
GROSS REVENUES: The cable service revenue derived by the grantee from the operation of the cable system in the franchise area to provide cable services, calculated in accordance with generally accepted accounting principles. Cable service revenue includes monthly basic, premium and pay per view video fees, advertising and home shopping revenue, installation fees and equipment rental fees. Gross revenues shall also include such other revenue sources from the provision of cable service as may now exist or hereafter develop from or in connection with the operation of the cable system within the village, provided that such revenues, fees, receipts, or charges may lawfully be included in the gross revenue base for purposes of computing the village's permissible franchise fee under the cable act, as amended. Gross revenue shall not include refundable deposits, bad debt, investment income, programming launch support payments, advertising sales commissions, nor any taxes, fees or assessments imposed or assessed by any governmental authority.
HOLDER: A person or entity that has received a state issued authorization from the Illinois commerce commission pursuant to section 21-401 of the cable and video competition law.
PUBLIC WAYS: Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the village has the right and authority to authorize, regulate or permit the location of facilities other than those of the village. "Right of way" or "rights of way" shall not include any real or personal village property that is not specifically described in the previous two (2) sentences and shall not include village buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right of way.
ROW ORDINANCE: The provisions generally applicable to utilities occupying public ways in the village pursuant to title 7, chapter 4 of this code.
SUBSCRIBER: Any person or entity lawfully receiving for any purpose the cable services of a grantee herein.
VIDEO PROGRAMMING: As defined in 47 USC 522(20), as amended.
VILLAGE: The village of Riverwoods, Illinois, or the lawful successor, transferee, designee, or assignee thereof. (Ord. 09-4-5, 4-7-2009)
2. 220 ILCS 5/21-100 et seq.
1. 220 ILCS 5/22-501 et seq.