For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC SUBSCRIBER SERVICE. Those services described in § 111.08 (B).
CABLE BROADBAND COMMUNICATIONS SYSTEM or SYSTEM. Any system which receives and amplifies signals broadcast by 1 or more television and radio stations and which transmits programming originated by the system itself or by another party, and distributes such signals and programming by wire, cable, microwave, satellite, or other means to persons who subscribe to this service.
CHANNEL. A signaling path of 6 megahertz provided by a system to relay Class I-IV signals, as defined by the FCC.
CITY MANAGER. The City Manager or his or her duly authorized representative.
COMMUNITY CHANNEL. A channel made available for programming of local interest by the community and the grantee.
FCC. The Federal Communications Commission or its successor.
FRANCHISE. Includes any authorization granted hereunder in terms of a franchise, privilege, permit, license, or otherwise to construct, operate, and maintain a system in the city.
GOOD CAUSE. That set of facts and circumstances which, in an individual case, a reasonable man would adjudge to be beyond the grantee's reasonable control and which would therefore represent a justifiable excuse of performance. Depending on the facts and circumstances, good cause may include, but shall not be limited to, delays or interruptions arising from necessary utility changes, rearrangements, power outages, the fulfillment of governmental or regulatory restrictions or requirements, national emergency, uncontrollable material shortages, fire, earthquake, or the elements and acts of God.
GRANTEE. The person, firm, or corporation to whom or which a franchise, as defined, is granted by Council under this chapter, and the lawful successor, transferee, or assignee of such person, firm, or corporation.
GROSS ANNUAL RECEIPTS. Any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the city. It shall also include any revenues derived from auxiliary or ancillary services, including, but not limited to, pay cable, advertising, and leasing of channels. It shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state, or other governmental unit and collected by the grantee for such governmental unit.
NORMAL SERVICE INTERVAL. The period between the time that the grantee is notified by a subscriber of a service deficiency and the second close of business following the receipt of such notice, provided that the subscriber or his representative is available, during this period, at the premises to be serviced.
PUBLIC WAYS. The surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, other public rights-of-way or public places, and public utility easements, now or hereafter existing as such within the city.
PROPERTY OF GRANTEE. All property owned, installed, or used by a grantee in the conduct of a system business in the city under the authority of a franchise granted pursuant to this chapter.
SUBSCRIBER. Any person or entity receiving for any purpose the system service of a grantee.
USER. Any person who utilizes the grantee's system for any purpose other than reception of basic subscriber service, including, but not limited to, the production and distribution of information on the governmental, educational, and community channel, or the use under channel lease, or otherwise, of the grantee's facilities to transmit or receive pay television, alarm, facsimile, data or other communications services.
(1974 Code, § 111.03 (Ord. 38-79, passed 7-16-1979)