For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDITIONAL SUBSCRIBER SERVICE. Any service not included in basic television service, basic radio service, or institutional service, including, but not limited to, pay-cable.
AGENCY SUBSCRIBER. A subscriber who receives a service in a government or public agency, school, or non-profit corporation.
BASIC RADIO SERVICE. The provision to all subscribers of such audio programs as the retransmission of broadcast FM radio signals, the retransmission of stereo signals for video services, and the transmission of cablecast audio signals, all provided to subscribers at a monthly rate.
BASIC TELEVISION SERVICE or BASIC CABLE SERVICE. The transmission to all subscribers of any service tier that includes local broadcast television channel signals.
BROADCAST SIGNAL. A television or radio signal that is transmitted over the air to a wide geographic audience and is received by a cable television system off the air or by microwave.
CABLE TELEVISION SYSTEM or CABLE SYSTEM (CATV SYSTEM). A system of antennas, cables, amplifiers, towers, microwave links, cablecasting studios, and other conductors, converters, equipment, or facilities, designed and constructed for the primary purpose of distributing video programming to home subscribers, and the secondary purpose of producing, receiving, amplifying, storing, processing, or distributing audio, video, digital, or other forms of electronic or electrical signals.
CABLECAST SIGNAL. A nonbroadcast signal that originates within the facilities of the cable communications system.
CHANNEL. A six megahertz (MHZ) frequency band, which is capable of carrying either one standard television or video signal, a number of audio, digital, or other non-video signals, or some combination of such signals.
COMMERCIAL SUBSCRIBER. 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.
CONVERTER. An electronic device which converts signal carriers from one form to another.
COUNCIL. The governing body of the City of Saginaw.
EDUCATIONAL CHANNEL or EDUCATIONAL ACCESS CHANNEL. Any channel where educational institutions are the primary designated programmers.
FCC. The Federal Communications Commission and any legally appointed or elected successor.
FRANCHISE. The nonexclusive rights granted pursuant to this chapter to construct and operate a cable television system along the public way within all or a specified area in the city. Any such authorization, 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.
GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL. Any channel where local government agencies are the primary designated programmers.
GRANTEE. Any person receiving a franchise pursuant to this chapter and under the granting franchise ordinance, and its lawful successor, transferee, or assignee.
GRANTOR or CITY. The City of Saginaw as represented by the City Council or any delegate acting within the scope of its jurisdiction.
INITIAL SERVICE AREA. The area of the city which will receive service initially, as set forth in the franchise agreement.
INSTALLATION. The connection of the system from feeder cable to subscribers’ terminals, and the provision of service.
LEASED CHANNEL or LEASED ACCESS CHANNEL. Any channel or portion of a channel available for lease and programming by persons or entities other than the grantee.
LOCAL ORIGINATION CHANNEL. Any channel where the grantee is the primary designated programmer, and provides video programs to subscribers.
NONBROADCAST SIGNAL. A signal that is transmitted by a cable system and that is not involved in an over-the-air broadcast transmission path.
OPEN CHANNEL. Any channel that can be received by all subscribers, without the necessity for special equipment.
PAY-CABLE or PAY-TELEVISION. The delivery to subscribers, over the cable system, or television signals for a fee or charge to subscribers over and above the charge for basic subscriber service, on a per program, per channel, or other subscription basis.
PERSON. An individual, partnership, association, organization, corporation, or any lawful successor, transferee, or assignee of the individual, partnership, association, organization, or corporation.
PRIVATE CHANNEL or CLOSED-CIRCUIT CHANNEL. Any channel which is available only to subscribers who are provided with special converter or terminal equipment to receive signals on that channel.
PROGRAMMER. A 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 ACCESS CHANNEL. Any channel where any member of the general public or any noncommercial organization may be a programmer, without charge, on a first-come, first-served, non-discriminatory basis, in accordance with the terms of the franchise agreement.
REASONABLE NOTICE. Written notice addressed to the grantee at its principal office or such other office as the grantee has designated to the grantor as the address to which notice should be transmitted to it, which notice shall be certified and postmarked not less than four days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing the four days, Saturdays, Sundays, and holidays recognized by the grantor shall be excluded.
RESIDENT. Any person residing in the city as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER. A subscriber who receives a service in an individual dwelling unit, where the service is not to be utilized in connection with a business, trade, or profession.
SECTION. Any section, division, or provision of this franchise chapter.
SERVICE AREA. The entire geographic area within the franchise territory.
STATE. The State of Michigan.
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; rights-of-way; and similar public property and areas that the grantor shall permit to be included within the definition of street from time to time.
(Prior Code, § 115.003) (Ord. D-1485, § 3, passed 6-3-1985, effective 6-13-1985)