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 subscriber television service, basic subscriber radio service or institutional service, as defined in this section, including, but not limited to, pay cable, interactive services, cable modem services, and cable telephone services. ('65 Code, § 7-8.301)
AGENCY SUBSCRIBER. A subscriber who receives a service in a government or public agency, school or nonprofit corporation. ('65 Code, § 7-8.302)
BASIC SUBSCRIBER RADIO SERVICE. The provision to all subscribers of such audio services as the retransmission of broadcast FM radio signals, the retransmission of shortwave, weather, news, time and other similar audio broadcast channels, and the transmission of cablecast radio signals. ('65 Code, § 7-8.303)
BASIC SUBSCRIBER TELEVISION SERVICE.
(1) The total of all of the following:
(a) The transmission to all subscribers of all broadcast television channel signals authorized or permitted by the FCC and provided for in a franchise agreement;
(b) The provision to all subscribers of non-broadcast open channel signals originating from sources outside the cable communications system;
(c) The cablecasting to all subscribers of local origination programming and public, educational, and government access programming; and
(d) The transmission to all subscribers of all other cablecasting open-channel signals.
(2)
BASIC SUBSCRIBER TELEVISION SERVICE may be offered to subscribers in one or more tiers or combinations of programs.
('65 Code, § 7-8.304)
BROADCAST SIGNAL. A television or radio signal which is transmitted over the air to a wide geographic audience and is received by a cable communications system off-the-air or by microwave. ('65 Code, § 7-8.305)
CABLE COMMUNICATIONS SYSTEM, CABLE TELEVISION SYSTEM, CATV SYSTEM, BROADBAND COMMUNICATIONS NETWORK or 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. ('65 Code, § 7-8.306)
CABLECAST SIGNAL. A non-broadcast signal which originates within the facilities of the cable communications system. ('65 Code, § 7-8.307)
CABLE MILE. A linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal. ('65 Code, § 7-8.308)
CHANNEL. A radio frequency band capable of carrying combinations of video, audio, digital or other non-video signal, including a digitally compressed channel. ('65 Code, § 7-8.309)
CLASS IV CHANNEL. A signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another point in the cable television system. ('65 Code, § 7-8.310)
CLOSED-CIRCUIT or INSTITUTIONAL SERVICE. Such video, audio, data and other services provided to institutional users on an individual application, private channel basis. Such services may include, but shall not be limited to, two-way video, audio or digital signals among institutions, or from institutions, to residential subscribers. ('65 Code, § 7-8.311)
COMMENCE CONSTRUCTION. That time and date when the construction of the cable communications system is considered to have commenced, which shall be when the first strand of cable is connected to a utility pole, or the first undergrounding of cables is initiated, after preliminary engineering (strand mapping) and after all the necessary permits and authorizations have been obtained. ('65 Code, § 7-8.312)
COMMENCE OPERATION. That time and date when the operation of the cable communications system is considered to have commenced which shall be when sufficient distribution facilities have been installed so as to permit the offering of full service to at least 10% of the dwelling units located within the service area. ('65 Code, § 7-8.313)
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. ('65 Code, § 7-8.314)
CONVERTER. An electronic device which converts signal carriers from one form to another. ('65 Code, § 7-8.315)
COUNCIL. The governing body of the city. ('65 Code, § 7-8.316)
EDUCATIONAL CHANNEL or EDUCATIONAL ACCESS CHANNEL. Any channel where educational institutions are the primary designated programmers. ('65 Code, § 7-8.317)
FCC. The Federal Communications Commission and any legally appointed or elected successor. ('65 Code, § 7-8.318)
FRANCHISE. The nonexclusive right granted pursuant to this chapter to construct and operate a cable communications system along the public ways 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 laws of the city. ('65 Code, § 7-8.319)
FRANCHISE AGREEMENT. A franchise award ordinance, accepted on the part of the grantee, containing the specific provisions of the franchise granted, including referenced specifications, franchise applications, and other related material. The franchise agreement may modify the terms of this chapter by appropriate amendment. ('65 Code, § 7-8.320)
FRANCHISE FEE. The fee paid by the grantee to the grantor in consideration of the use of the public streets and rights-of-way. ('65 Code, § 7-8.321)
GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL. Any channel where local government agencies are the primary designated programmers. ('65 Code, § 7-8.322)
GRANTEE. Any person receiving a franchise pursuant to this chapter and under the granting franchise ordinance and shall include the lawful successor, transferee or assignee of the grantee. ('65 Code, § 7-8.323)
GRANTOR. The city as represented by the Council acting within the scope of its jurisdiction. ('65 Code, § 7-8.324)
GROSS ANNUAL REVENUE. All cash or other consideration received directly or indirectly by a grantee and its affiliates, subsidiaries, parent, and any person in which a grantee has a financial interest, or from any source whatsoever, arising from or attributable to the sale or exchange of cable services by a grantee within the city or in any way derived from the operation of its system, including, but not limited to, "Basic Subscriber Television Service," "Basic Subscriber Radio Service," "Institutional Service," "Additional Subscriber Service," leased channel fees, converter rentals or sales, revenue from cable Internet services, cable modem rentals or sales, revenue from telephone and other services which may be provided over the Cable Communications System, studio rental, and advertising revenues. Such gross revenues shall not be reduced for any purpose other than as provided in this chapter and shall be the basis for computing the fee imposed pursuant to § 112.028 of this chapter. Such gross revenue shall not include converter deposits, modem deposits, or refunds to subscribers by the grantee, or items excluded by Federal Law.
INITIAL SERVICE AREA. The area of the city which will receive service initially as set forth in the franchise agreement. ('65 Code, § 7-8.326)
INSTALLATION. The connection of the system from the feeder cable to the subscriber's terminal and the provision of service. ('65 Code, § 7-8.327)
LEASED CHANNEL or LEASED ACCESS CHANNEL. Any channel available for lease and programming by persons or entities other than the grantee, including those portions of other access channels not in use by their designated programmers. ('65 Code, § 7-8.328)
LOCAL ORIGINATION CHANNEL. Any channel where the grantee is the primary designated programmer and provides video programs to subscribers. ('65 Code, § 7-8.329)
MONITORING. Observing a 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; provided, however, MONITORING shall not include system-wide non-individually addressed sweeps of the system for the purposes of verifying integrity, controlling return path transmissions, or billing for pay services. ('65 Code, § 7-8.330)
NON-BROADCAST SIGNAL. A signal which is transmitted by a cable communications system and which is not involved in an over-the-air broadcast transmission path. ('65 Code, § 7-8.331)
OPEN CHANNEL. Any channel which can be received by all subscribers without the necessity for special equipment. ('65 Code, § 7-8.332)
PAY CABLE or PAY TELEVISION. The delivery to subscribers, over the cable communications system, of 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. ('65 Code, §
PENETRATION. The result expressed in percentage obtained by dividing the total number of potential subscribers in the franchise area into the number of subscribers receiving service. ('65 Code, § 7-8.334)
PERSON. An individual, partnership, association, organization or corporation or any lawful successor, transferee or assignee of such individual, partnership, association, organization or corporation. ('65 Code, § 7-8.335)
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 such channel. ('65 Code, § 7-8.336)
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. ('65 Code, § 7-8.337)
PUBLIC ACCESS CHANNEL or COMMUNITY 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, nondiscriminatory basis in accordance with FCC regulations. ('65 Code, § 7-8.338)
REASONABLE NOTICE. A written notice addressed to the grantee at its principal office or at such other office as the grantee has designated to the grantor as the address to which notice should be transmitted to the grantee, which notice shall be certified and postmarked not less than four days prior to that day on which the party giving such notice shall commence any action which requires the giving of notice. In computing such four days, Saturdays, Sundays and holidays recognized by the grantor shall be excluded. ('65 Code, § 7-8.339)
REASONABLE ORDER. A written order not excessive or extreme as to the costs or time to comply, governed by sound thinking. ('65 Code, § 7-8.340)
RESIDENT. Any person residing in the city as otherwise defined by applicable laws. ('65 Code, § 7-8.341)
RESIDENTIAL SUBSCRIBER. A subscriber who receives service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession. ('65 Code, § 7-8.342)
SALE. Any sale, exchange, barter or offer for sale. ('65 Code, § 7-8.343)
SCHOOL. Any educational institution, including primary and secondary schools and colleges and universities, both public and private. ('65 Code, § 7-8.344)
SERVICE AREA. The entire geographic area within the franchise territory. ('65 Code, § 7-8.346)
STREET. Means and includes each of the following which have been dedicated to the public or are 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 which the grantor shall permit to be included within the definition of street from time to time. ('65 Code, § 7-8.348)
SUBSCRIBER. Any person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection with the cable communications system. ('65 Code, § 7-8.349)
SUBSTANTIALLY COMPLETED. That sufficient distribution facilities have been installed by the grantee so as to permit the offering of full network service to at least 90% of the potential subscribers in the service area. ('65 Code, § 7-8.350)
TAPPING. Observing a two-way communications 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. ('65 Code, § 7-8.351)
(Ord. 244-C.S., passed - - ; Am. Ord. 494-C.S., passed 1-19-99)