For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATE. An entity which owns or controls, is owned or controlled by, or is under common ownership with the grantee.
BASIC CABLE. Any service tier which includes the retransmission of local signals required to be carried on the cable system, for which the grantee charges the lowest monthly charge.
CABLE ACT. The Cable Communications Policy Act of 1984, as amended.
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 of the video programming or other programming service.
CABLE SYSTEM. A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment or other communications equipment that is designed to provide cable service and other service to subscribers.
FCC. The Federal Communications Commission, or successor governmental entity thereto.
FRANCHISE. The initial authorization, or renewal thereof, issued by the franchising authority, whether the authorization is designed 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.
FRANCHISE AUTHORITY. The City of Tell City, Indiana or the lawful successor, transferee or assignee thereof.
GRANTEE. A person granted a franchise by the franchising authority.
GROSS REVENUES. The monthly cable service revenues received by the grantee from subscribers of the cable system; provided, however, that GROSS REVENUES shall not include revenues received from any national advertising carried on the cable system, or those specifically excluded by Section 622(g)(2) of the Cable Act, as the same existed as of the effective date of this chapter.
PERSON. An individual, partnership, association, joint stock company, trust corporation, or governmental entity.
PUBLIC WAY. 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 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 the franchise authority in the service area, which shall entitle the franchise authority and the grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the cable system. PUBLIC WAY shall also mean any easement now or hereafter held by the franchise 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 the franchise authority and the grantee to the use thereof for the purposes of installing or transmitting cable service or other service over poles, wire, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, compliances, attachments and other property as may be ordinarily necessary and pertinent to the cable system.
SERVICE AREA. The present municipal boundaries of the franchising authority, and shall include any additions thereto by annexation or other legal means ordained or added from the date of this chapter.
SERVICE TIER. A category of cable service or other services, provided by the grantee and for which a separate charge is made by the grantee.
SUBSCRIBER. A person or user of the cable system who lawfully receives cable services or other service therefrom with the grantee's express permission.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Ord. 617, passed 7-1-1985)