For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. 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; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in the Cable Act and, if not defined therein, their common and ordinary meaning.
(a) “Access channel.” Any channel on a cable system set aside by the franchisee for public, educational, and/or governmental use.
(b) “Affiliate.” Any person who owns or controls, is owned or controlled by, or is under common ownership or control with the franchisee.
(c) “Board.” The Borough Council of Swarthmore Borough.
(d) “Borough.'” The Borough of Swarthmore, Delaware County, Pennsylvania, as represented by the Borough Council.
(e) “Cable Act.” The Cable Communications Policy Act of 1984, 47 USC 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as may be further amended from time to time.
(f) “Cable service” or “Service.”
(1) The one-way transmission to subscribers of video programming or other programming services; and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
(g) “Cable system” or “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 Borough, but such term does not include a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way, including streets or easements; a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility uses any right of way; a facility of a common carrier which is subject, in whole or in part, to the provisions of Subchapter II of Communications Act of 1934, 47 USC 201 et seq., except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming, whether on a common carrier or non-common carrier basis, directly to subscribers; or any facilities of any electric utility used solely for operating its electric utility systems.
(h) “Educational access channel.” Any channel on a cable system set aside by the franchisee for noncommercial educational use.
(i) “FCC.” The Federal Communications Commission, its designee, or any successor governmental entity thereto.
(j) “Franchise.” The nonexclusive rights granted in accordance with this chapter to construct, operate, and maintain a cable system along public rights-of-way within all or a specified area of the Borough. Any such authorization, in whatever form granted, may specifically include license or permit to use the system for the provision of non-cable services; it shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the Borough as required by the ordinances and laws of the Borough, or for excavating or performing other work in or along public rights-of-way.
(k) “Franchise agreement.” A contract entered into in accordance with the provisions of this chapter between the Borough and a franchisee that sets forth terms and conditions under which the franchise will be exercised.
(l) “Franchise area.” The area of the Borough that the franchisee is authorized to serve by its franchise agreement.
(m) “Franchisee” The person(s) which have been granted a franchise by the Borough.
(n) “Governmental access channel.” Any channel on a cable system set aside by the franchisee for noncommercial government access use.
(o) “Gross annual revenues.” Any and all cash, credits, property or other consideration of any kind or nature received annually directly or indirectly by the franchisee, its affiliates, or any person in which the franchisee has a financial interest, or by any other entity that is a cable operator of the system arising from, attributable to, or in any way derived from the cable system, including the studios and other facilities associated therewith. “Gross annual revenues” include, but are not limited to monthly fees charged subscribers for any basic, optional, premium, per-channel, or per-program service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and administrative fees; fees, payments, or other consideration received from programmers for carriage of programming on the system; revenues from converter rentals or sales; studio rental, production equipment, and personnel fees; advertising revenues; barter; revenues from program guides: and 'revenues from home shopping and bank-at-home channels. The Borough may require in a franchise agreement that "gross annual revenues" also include revenues from the sale or carriage of non-cable services, including information services. Gross annual revenues shall be the basis for computing the franchise fee under this chapter. Gross annual revenues shall not include any revenue derived from the sale or rental of real property interests of franchisee.
(p) “Noncommercial.” Refers to programming, the primary purpose of which is not to propose a sale or barter of a commercial product or service. The term expressly does not refer to programming the cost of which is underwritten by one or more commercial or noncommercial programmers, even where the underwriting is acknowledged as part of the program.
(q) “Premium service.” A cable service that is sold on a per-channel or per-program basis.
(r) “Person.” An individual, partnership, association, joint stock company, joint venture, organization, domestic or foreign corporation, or any lawful successor thereto or transferee thereof.
(s) “Public access channel.” Any channel on a cable system set aside by the franchisee for noncommercial use by the general public, and which is available for such use on a nondiscriminatory basis.
(t) “Public right-of-way.” The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, waterway, easement, or similar areas in which the Borough now or hereafter holds any property interest, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a cable system. No reference herein, or in any franchise agreement, to a "public right-of-way" shall be deemed to be a representation or guarantee by the Borough that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a franchisee shall be deemed to gain only those rights to use as are properly in the Borough and as the Borough may have the undisputed right and power to give.
(u) “Sale.” Any sale, lease, exchange, or barter transaction, or any other transaction involving the transfer or other disposition or property or the provision of a service for compensation of any nature.
(v) “Service tier.” A category of cable service provided by the franchisee and for which a separate charge is made by the franchisee.
(w) “Street.” The surface of and the space above or below any public street, public roadway, public highway, public freeway, public lane, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, or any public easement or public right-of-way now or hereafter held by the Borough which shall entitle a franchisee to the use thereof for the purposes of installing over poles such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and appurtenant to the operation of the system.
(x) “Subscriber.” Any person who legally receives cable service.
(y) “System facilities” or “Facilities.” Cable system equipment used by the franchisee to provide service in the franchise area.
(z) “Transfer” Any transaction that results in a change of control over the franchisee or the cable system; or in which in which the rights and/or obligations held by the franchisee under a franchise agreement are transferred or assigned to another person or group of persons. Unless otherwise specified in a franchise agreement “control” for these purposes means working control, in whatever manner exercised. Unless otherwise specified in a franchise agreement, the addition, deletion, or other change of any general partner of the franchisee, any person who owns or controls the franchisee, or a cable operator of the cable system is such a change of control.
(aa) “User.” A person utilizing a channel or equipment and facilities for purposes of producing and/or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.
(Ord. 920. Passed 7-14-97; Ord. 938. Passed 7-12-99; Ord. 947. Passed 4-10-00.)