For the purpose of this ordinance (the "Ordinance"), the following terms, phrases, words and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number:
(a) "Affiliate" means an entity which owns or controls, is owned or controlled by, or is under common ownership or control with Grantee.
(b) "Basic Cable" means the tier of Cable Service regularly provided to all Subscribers that includes the retransmission of local broadcast television signals.
(c) "Cable Service" means:
(1) The one-way transmission to Subscribers of Video Programming or other programming service, and
(2) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or other programming service.
(d) "Cable System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment or other equipment that is designed to provide Cable Service or other service to Subscribers.
(e) "FCC" means Federal Communications Commission, or successor governmental entity thereto.
(f) "Franchise" means the initial authorization, or renewal thereof, issued by Franchising Authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise, which authorizes construction and operation of the Cable System for the purpose of offering Cable Service or other service to Subscribers.
(g) "Franchising Authority" means the City of St. Marys, West Virginia or the lawful successor, transferee, or assignee thereof.
(h) "Grantee" means Cebridge Acquisition, LLC d/b/a Suddenlink Communications, or the lawful successor, transferee, or assignee thereof.
(i) "Gross Revenues" means the monthly revenues for the provision of Cable Service received by Grantee directly from Subscribers located within the Service Area. "Gross Revenues" does not include:
(1) Any revenues received from any advertising carried on the Cable System;
(2) Any tax, fee, or assessment of any kind imposed by Franchising Authority or other governmental entity on a cable operator, or Subscriber, or both, solely because of their status as such; or
(3) Any revenues received from home shopping.
(j) "Person" means an individual, partnership, association, joint stock company, trust corporation, or governmental entity.
(k) "Public Way" means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by Franchising Authority in the Service Area which shall entitle Franchising Authority and Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable System. "Public Way" also means any easement now or hereafter held by Franchising Authority within the Service Area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle Franchising Authority and Grantee to the use thereof for the purposes of installing or transmitting Grantee's Cable Service or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the Cable System.
(l) "Service Area" means the present municipal boundaries of Franchising Authority if Franchising Authority is a City, and shall include any additions thereto by annexation or other legal means; and means the City boundaries of Franchising Authority if Franchising Authority is a City.
(m) "Subscriber" means a user of the Cable System who lawfully receives Cable Service or other service therefrom with Grantee's express permission.
(n) "Video Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. (Ord. 2011-5. Passed 6-21-11.)