For purposes of this chapter, the following terms, phrases and words and their derivations shall have the meanings given, unless a different definition is expressly provided in a particular franchise, which franchise may also provide definitions:
(a) "Access channels" means those channels dedicated for use as public, educational or governmental access in accordance with the provisions of 42 U.S.C. ?531 et seq.
(b) "Cable television system" means a facility, consisting of a set of closed transmission paths and associated signal generation and reception and control equipment that is designed and may be used to provide a cable television service and may also be used to provide other telecommunications service to subscribers within the City.
(c) "City" means the City of Southgate.
(d) "Council" means the City Council of the City of Southgate.
(e) "FCC" means the Federal Communications Commission.
(f) "Franchise" means an ordinance or renewal of an ordinance consenting to the use of public rights of way and granting a cable television franchise to operate a cable television system and to provide for other telecommunication services allowed by law.
(g) "Grantee" means any person receiving a franchise pursuant to this chapter, including all successors, transferees or assignees.
(h) "Gross annual revenues" means all revenues received by a grantee, in an annual period, from the operation of the grantee's cable system within the City, which revenues are attributable to or occasioned by the grant of the franchise. "Gross annual revenues" does not mean, however, any taxes imposed and/or assessed by law on subscribers (including State sales taxes) which a grantee is obligated to collect and pay in full to the applicable authorities; any amounts documented and written off by a grantee as bad debt; and any amounts from the sale of items which are subject to Michigan sales tax.
(i) "Normal operating conditions" means those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe weather. Those conditions which are ordinarily in the control of the grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of the cable television system.
(j) "Other telecommunications services" means any communications service, other than cable television services, which utilizes coaxial cable, fiber optic cable, copper wires or successor closed transmission path technology to the extent such closed transmission path facilities are located in whole or in part in the public streets and rights of ways.
(k) "Person" means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.
(l) "Public, educational" or "governmental access facilities" or "PEG access facilities" means the total of the following in accordance with the provisions of 42 U.S.C. ?531 et seq.:
(1) Channel capacity designated for public, educational or governmental use; and
(2) Facilities and equipment for the use of such channel capacity.
(m) Section" means any section, subsection or provision of this chapter.
(Ord. 581. Passed 12-13-95.)