For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) AFFILIATE. Any person that directly or indirectly owns or controls the provider, any person that a provider directly or indirectly owns or controls, or any person under common ownership or control with a provider.
(b) CABLE OPERATOR. Any person or group of persons who has executed a franchise agreement and:
(1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(c) CABLE SERVICE. The one-way transmission to subscribers of video programming, or other programming service; and, subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. For the purposes of this definition, VIDEO PROGRAMMING is programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and OTHER PROGRAMMING SERVICE is information that a cable operator makes available to all subscribers generally.
(d) 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 a community, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that serves subscribers without using any public right-of-way;
(3) A facility of a common carrier which is subject, in whole or part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. § 541(c)) to the extent 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;
(4) An open video system that complies with 47 U.S.C. § 573;
(5) Any facilities of any electric utility used solely for operating its electric utility system; or
(6) The facilities of a competitive video service provider under this chapter.
(e) CITY. The City of Solon, Ohio.
(f) COMPETITIVE VIDEO SERVICE. Video programming provided by a competitive video service provider and provided through cable, telephone access, IP-based video service, fiber optic video, wireless and/or any other wire-based medium located at least in part in the public rights-of-way without regard to delivering technology, including Internet protocol technology. This definition does not include video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or video programming delivered over the public Internet.
(g) COMPETITIVE VIDEO SERVICE AGREEMENT. The agreement executed by the city and a competitive video service provider pursuant to Chapter 808 of the Solon Codified Ordinances.
(h) COMPETITIVE VIDEO SERVICE PROVIDER. An entity providing video services that has not executed a franchise agreement with the city as of the effective date of this chapter and is not a cable operator, or an affiliate, successor or assignee of such cable operator.
(i) COUNCIL. The elected City Council for the City of Solon, Ohio.
(j) FACILITIES. The provider’s existing facilities and facilities to be installed within the streets that will be constructed, operated, maintained, repaired and upgraded to provide IP video service and other IP-based services. Said facilities are a part of and an extension to the provider’s existing telecommunications facilities and equipment. Should the upgraded equipment be capable of providing IP video services, then the process outlined in § 808.03(e) shall apply to any such installation.
(k) FRANCHISE. An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 U.S.C. § 546), issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a cable system by a cable operator in the city.
(l) FRANCHISE AREA. The City of Solon, Ohio.
(m) FRANCHISING AGREEMENT. The agreement executed by the franchising authority and a cable operator pursuant to Chapter 808 of the Solon Codified Ordinances.
(n) FRANCHISING AUTHORITY. The City of Solon, Ohio.
(o) GROSS REVENUES. All consideration of any kind or nature, including without limitation, cash, credits, property and in-kind contributions (services or goods) received by the provider from the provision of service within the franchise area.
(1) Included items: Subject to division (2) of this definition, the term
GROSS REVENUES shall include the following:
A. All charges and fees paid by subscribers for the provision of service, including fees attributable to service when sold individually or as part of a package or bundle; and
B. All revenue derived from the provider’s service pursuant to compensation arrangements for advertising attributable to the local service area.
(2) For the purposes of this section, the term
GROSS REVENUES shall not include the following:
A. Sales of goods and merchandise to the extent that the provider does not retain the revenue collected;
B. Sales and use tax, franchise fees and other governmental charges and fees collected by the provider;
C. Late payment fees;
D. Maintenance charges;
E. Revenue from the sale of capital assets or surplus equipment not used by the purchaser to receive services from the seller of those assets or surplus equipment; or
F. Charges, other than those described above, that are aggregated or bundled with amounts billed to services subscribers including, but not limited to, any revenues received by a provider or its affiliates for telecommunications services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement and electronic publishing.
(p) PERSON. An individual, partnership, association, joint stock company, trust, corporation or governmental entity.
(q) PROVIDER. Either a cable operator or a competitive video service provider.
(r) SERVICE. Either a cable service or competitive video service.
(s) SUBSCRIBER. Any person who lawfully subscribes to a service provided by a provider, whether or not a fee is paid for such service.
(t) SYSTEM. Either a cable system or the facilities of a video service provider that are only used to deliver a competitive video service, including, but not limited to, cable, telephone access, IP-based video service, fiber optic video, wireless and/or any other wire-based medium.
(Ord. 2007-106, passed 5-21-2007)