For the purpose of this chapter the following words and their derivations have the meanings defined below. Words not defined are given their meaning in Section 602 of the Cable Act, 47 USC 522, and, if none, their common and ordinary meaning.
"ACCESS CHANNEL." Any channel set aside for public use, educational use, or governmental use without a charge by the franchisee for channel usage.
"APPLICATION." A proposal to construct and operate a cable system within the city, transfer a franchise, renew a franchise, or modify a franchise. An application includes the initial proposal plus all subsequent amendments or supplements to the proposal and relevant correspondence.
"CABLE ACT." The Cable Communications Policy Act of 1984, 47 USC 521, et seq.
"CABLE SERVICE." The one-way transmission of video or other programming service to subscribers together with any subscriber interaction provided in connection with such 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 which is provided to multiple subscribers within the city. Such term does not include:
(1) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;
(2) a facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control, or management, unless such facility uses any public right-of-way;
(3) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 USC 201, et seq., except that such facility will be considered a cable system to the extent it is used in the transmission of video programming directly to subscribers; or
(4) any facilities of any electric utility used solely for operating its electric utility systems.
"CITY ADMINISTRATOR." The administrative officer of the city or designee.
"CITY CLERK/TREASURER." The official recorder of the city.
"CONTROL OF A FRANCHISEE" or "APPLICANT." The legal or practical ability to direct the affairs of the franchisee or applicant either directly or indirectly, whether by contractual agreement or majority ownership of an economic interest.
"FCC." The Federal Communications Commission.
"FRANCHISE." The right granted by the city to a franchisee to construct, maintain and operate a cable system over, on, or under streets, roads and all other public ways, easements and rights-of-way within all or specified areas of the city. The term does not include any license or permit that may be required by other laws, ordinances or regulations of the city for the privilege of transacting and carrying on a business within the city or for disturbing the surface of any street or public thoroughfare.
"FRANCHISE AGREEMENT." A contract entered into in accordance with the provisions of this subtitle between the city and a franchisee that sets forth the terms and conditions under which the franchise will be exercised.
"FRANCHISEE." Any person granted a franchise pursuant to this chapter.
"GROSS REVENUES." All revenues derived by a franchisee from the operation of its cable system within the city, including, but not limited to, revenues derived from cable service, home shopping channels, institutional services, advertising and pay-per-view, rental or lease of equipment, installation fees or ancillary services.
"SUBSCRIBER." Any person who legally receives any one (1) or more of the services provided by the cable system.
"SYSTEM MALFUNCTION." An equipment or facility failure that results in the loss of satisfactory service on one (1) or more channels. A malfunction is major if it affects eleven (11) or more subscribers.
"TRANSFER OF A FRANCHISE." Any transaction in which (1) an ownership or other interest in a franchisee is transferred from one (1) person or group of persons to another person or group of persons so that control of the franchisee is transferred, or (2) the rights held by the franchisee under a franchise agreement are transferred or assigned to another person or group of persons.
(Ord. 90-11-15, passed 11-15-90)