(A) For the purposes of this Section, the following phrases, terms, words, and their derivations shall have the meaning as stated herein, unless their context clearly indicates that another meaning is intended. Words not otherwise defined herein shall be given their ordinary and common meaning.
(B) When not inconsistent with the context, words in the present tense shall include the future, words indicating a plural number shall include the singular number and words in the singular number include the plural number. Words in the masculine gender include the female and the neuter. The word “shall” and “will” are mandatory, and not discretionary. The word “may” is permissive. Unless a section provides otherwise, references to statutory enactments shall include any and all amendments thereto and any successor provisions. In the event of conflict between this Chapter and the Cable Act, the Cable Act definition shall control. For the purpose of a Franchise Agreement granted subject to this Chapter, the terms in the Franchise shall prevail where there is a conflict between the definitions in this Chapter and the Franchise Agreement. Where the Franchise Agreement is silent, the terms of this Chapter and the Cable Act shall control.
ACT (or CABLE ACT): Shall mean the Communications Act of 1934, the Telecommunications Act of 1996, the Cable Communications Policy Act of 1984 as amended by the Cable Consumer Protection and Competition Act of 1992 (47 USC 521 et seq.) as now or hereafter amended.
BASIC TIER SERVICE: Shall mean any service tier which includes the retransmission of local television broadcast signals and any Public, Educational, and Government Access Channels.
CABLE OPERATOR: Any Person or Persons, including corporations, partner-ships, and joint ventures, who provide Cable Services through means
of a Cable System 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 (i) video programming or (ii) other programming service and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
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 is provided to multiple Subscribers within a community. This term does not include (A) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (B) a facility that serves subscribers without using any public right-of-way; (C) a facility of a common carrier which is subject, in whole, or in part, to the provisions of Title II of the Act, except that such facility shall be considered a Cable System (other than for purposes of Section 621 (C) of the Act) to the extent that such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to Provide Interactive On-Demand Services; (D) an open video system that complies with Section 653 of the Act; or (E) any facilities of any electric utility used solely for operating its electric utility systems.
CHANNEL: A band of frequencies carrying a width of six (6) megahertz wide in the electromagnetic spectrum, or of a width to be specified in the future which constitutes the acceptable standard for definition of a Channel, which is capable of carrying audio, video, voice, data, and encrypted information signals.
CHAPTER: Shall mean the Village Cable Telecommunications Ordinance, as may be amended from time to time.
CONVERTER: An electronic device that converts signal carriers from one form to another.
CUSTOMER SERVICE FACILITY: A location that is either owned, operated, or under the control of a Grantee for the purposes of accepting payments, responding to repair, installation, or other Service Calls, distributing or receiving Converter boxes, remote control units, or other related equipment, and receiving service inquiries.
DOWNSTREAM CHANNEL: A Channel which, is transmitted in a direction from the Headend to the Subscriber's television set.
DWELLING UNIT: Shall mean any single-family residential building or a unit in a multiple-family residential building.
EDUCATIONAL ACCESS CHANNEL: Shall mean a non-commercial Channel or Channels set aside and so designated for the use of Schools or School districts.
FCC: Shall mean the Federal Communications Commission or successor agency created by Congress.
FRANCHISE: Shall mean the non-exclusive rights granted through the authority of a Franchise Agreement between the Village and any Grantee hereunder which allows the Grantee to own, operate, construct, reconstruct, dismantle, test, use, and maintain a Cable System along the Public Streets and Public Ways of the Village, or within specified areas of the Village, and is not intended to include any license or permit required for the privilege of transacting and carrying on a business within the Village as may be required by other laws or ordinances of the Village.
FRANCHISE AREA: The Franchise Area shall be the corporate limits of the Village of Schiller Park including all territory hereafter annexed to the Village.
FRANCHISE FEE: Shall mean any assessment imposed herein by the Village on a Grantee solely because of its status as a Cable Operator. The term Franchise Fee does not include any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed upon both utilities and Cable Operators or their services), but not including a tax, fee, or assessment which is unduly discriminatory against Cable Operators or cable Subscribers; capital costs which are required by the Franchise to be incurred by the Grantee for the establishment and operation of Public, Educational, or Governmental Access facilities; requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, liquidated damages; or any fee imposed under Title 17, U.S. Code.
FRANCHISING AUTHORITY: Shall mean the Corporate Authorities of the Village of Schiller Park.
GOVERNMENTAL ACCESS CHANNEL: Shall mean a non-commercial Channel or Channels set aside and so designated for the use of units of local government.
GRANTEE: Shall mean any Person or Persons, including corporations, partnerships, associations, joint ventures, or organizations of any type granted a Franchise hereunder, and its agents, employees, subsidiaries, assignees, transferees or lawful successors.
GRANTOR: The Village of Schiller Park, Illinois.
GROSS REVENUES: Shall mean and include revenue received by a Grantee, derived 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 Service; any optional, premium, per-Channel or per-program service; any Installation, disconnection, re-connection, change-in-service, or other customer service; rentals of Converters, remote control units, or other customer premises equipment; provision of data services such as services carried over the Cable System which are Cable Services as defined by Title VI of the Act; commercial leased Channels or Channel access; advertising revenues (including infomercials), including a per Subscriber share of revenues for Grantee's Subscribers within the Village which is 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 State of Illinois, Cook County, Illinois, the Village, or any other unit of government which is collected by the Grantee on behalf of and for remittance to the Village, the State, or other governmental unit. Annual Gross Revenues shall mean Gross Revenues attributable to a twelve (12) month accounting period, or portion thereof.
HEADEND: The control center of a cable televi- sion system, where incoming signals are amplified, converted, processed, and combined into a common cable along with any origination cablecasting, for transmission to Subscribers. A Headend usually includes antennas, preamplifiers, frequency converters, demodulators, processors, and other related equipment.
INSTALLATION: Shall mean the connection between the Cable System's feeder cable to Subscribers' Converters or television sets and the provision of service.
INTERACTIVE SYSTEM: A two-way Cable System that has the capability to provide both upstream and downstream communications and Subscriber interaction.
INTERCONNECT: The connection of two or more Cable Systems, or a Cable System and a communications company facility.
LEASED ACCESS CHANNEL: A cable television Channel or Channels, or parts thereof, designated for cablecasting which is provided by means of a lease arrangement for cablecast airtime between the Cable Operator and the Lessee. Shall include without limitation, all uses pursuant to Section 612 of the Act (47 USC 532).
LOCAL ORIGINATION CHANNEL: A Channel providing programs that are produced or acquired by the Cable Operator which is under the control of the Cable Operator.
MODIFICATION AGREEMENT: Any agreement or modification and amendment to the Franchise Agreement entered into and between the Grantee and the Village and made a part of the Franchise Agreement.
PERSONS: Shall mean any people, firms, corporations, companies, partner-ships, associations, joint ventures, trusts, or organization of any kind and the lawful trustee, successor, transferee, assignee, or personal representative thereof.
PUBLIC ACCESS CHANNEL: A cable television Channel or Channels specifically designated for use of the public for the production of non-commercial television programming. Shall include without limitation all use pursuant to Sections 611 and 612 of the Act (47 USC 531, 47 USC 532).
PUBLIC, EDUCATIONAL OR GOVERNMENTAL ACCESS FACILITIES: Those facilities and equipment utilized for the production and playback of public, educational, and governmental access programming. (also PEG ACCESS FACILITIES)
PUBLIC STREET: Shall mean the surface, the air space above the surface, and the area below the surface of any public street, road, highway, lane, path, alley, sidewalk, court, boulevard, drive, or bridge, now or hereafter held by the Village. No reference herein, or in any franchise, to the “Public Street” shall be deemed to be a representation or guarantee by the Village that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by the use of such terms, be deemed to gain only such rights to use property in the Village as the Village may have the undisputed right and power to give.
PUBLIC WAY: Shall mean the surface and the space above and below the surface of any public parkway, driveway, bridge, conduit, tunnel, park, square, waterway, utility easement, or other public right-of-way now or hereafter held by the Village. No reference herein, or in any Franchise, to the “Public Way” shall be deemed to be a representation or guarantee by the Village that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by the use of such terms, be deemed to gain only such rights to use property in the Village as the Village may have the undisputed right and power to give.
SCHOOL: Any public, and private, elementary and secondary schools located within the Village which have been granted a certificate of recognition by the Illinois State Board of Education.
SERVICE CALLS: Shall include calls to the Grantee regarding outages, poor picture and sound quality, billing problems resulting in an adjustment to the Subscriber's account, and Installation and maintenance practices.
SUBSCRIBER: Shall mean any person who legally receives one or more of the services as may be provided by the Grantee's Cable System, and does not further distribute such service(s).
SUBSCRIBER DROP: The system connection point (which may be a tap or a coupler) that connects the feeder cable of the distribution system to the Subscriber's premises.
TRANSFER: Means 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 ten percent (10%) 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 the Cable System but only to the extent that such 10% change results in a change of control of the Grantee or its parent. Franchise transfers require Village approval as provided for herein. Transactions between affiliates of the Grantee are not exempt from Village approval, except as may be specifically provided in a Franchise Agreement (ALSO
FRANCHISE TRANSFER
).
UPSTREAM CHANNEL: A Channel which is transmitted in an upstream direction from a point on the system to the node or Headend.
VILLAGE: The Village of Schiller Park, Illinois, an Illinois municipal corporation.
VILLAGE LIMITS: All the territory within the present and future corporate boundaries of the Village.
VILLAGE BOARD
or
BOARD: Shall mean the corporate authorities of the Village being its President and Board of Trustees.
(Ord. 01-2301, passed 12-11-01)