For the purpose of this chapter, and when not inconsistent with the context, words used herein in the present tense include the future; words in the plural include the singular, and vice versa. The word "shall" is mandatory. The captions for each section are for convenience only. Said captions have no force of law and are not part of the sections. The following terms and phrases, as used herein, shall be given the meaning set forth below:
CITY COUNCIL: The city council of the city of Spirit Lake or its designated representative.
CITY OR FRANCHISOR: The city of Spirit Lake, Kootenai County, Idaho.
FEDERAL COMMUNICATIONS COMMISSION OR FCC: The present federal agency of that name as constituted by the communications act of 1934, or any successor agency created by the United States congress.
FRANCHISE: The rights, privileges and obligations granted to the franchisee by the terms of this chapter.
GRANTEE OR FRANCHISEE: USA Media Group, LLC.
GROSS REVENUES: The annual revenues received by grantee from all sources of operations of the system within the city including, but not limited to, basic service and cable programming monthly fees, pay television fees, advertising carried on the system, payments received for cable television related services under agreements, and installation and reconnection fees, less refunds. This term shall include noncash items received in exchange for services; such services shall be valued at fair market value. This term does not include revenues derived solely from cable television service to areas outside the city, from other operations conducted solely outside of the city or from the operation of video products such as commercials, training films and video programming that will not be shown on cable television, nor any sales tax, excise tax or other taxes collected from the subscriber by grantee on behalf of the state, city, or other governmental unit. Any revenues from city received by the system as a whole or any parent system for the benefit of the system, (such as, but not limited to, revenues from advertising carried on the system) shall be prorated to grantee's revenues for Spirit Lake in proportion to the Spirit Lake subscriber base. This term shall not include sales of real property or rental of real or personal property for purposes other than those related to cable television.
PERSON: Any individual, firm, partnership, association, corporation, company or organization of any kind.
SUBSTRUCTURE WORK: Trenching and installation of conduit, pull boxes and pedestals done in order to construct underground CATV facilities, as well as the conduit, pull boxes and pedestals themselves. (Ord. 468, 6-10-2003)