For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “SHALL” is always mandatory and not merely directory.
“BASIC SERVICE.” The lowest priced level of service which includes the retransmission of local television broadcast signals (as authorized).
“CABLE SYSTEM” or “CATV SYSTEM.” A system of antennas, cables, wires, lines, fiber optic cables, towers, waveguides or other conductors, converters, equipment or facilities, used for distributing video programming to home subscribers, and/or producing, receiving, amplifying, storing, processing, or distributing audio, video, digital or other forms of signals.
“CHANNEL” or “CABLE CHANNEL.” A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering either one NTSC video signal, a number of audio, digital or other nonvideo signals, or some combination of such signals.
“CITY.” The City of Tuscola, Illinois, including areas annexed during the term of the franchise granted hereby.
“CITY COUNCIL.” The present governing body of the city or any successor to the legislative powers of the present Council.
“CONVERTER.” An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations.
“FRANCHISE.” The right, privilege and authority granted by this chapter to construct, maintain and operate a CATV system through use of streets of the city.
“GRANTEE.” Any person, firm, corporation or partnership to whom a franchise shall be granted hereunder.
“GRANTOR.” The city as represented by the City Council or any delegate acting within the scope of its jurisdiction.
“GROSS RECEIPTS.” Those revenues derived from the monthly service fees paid by subscribers of the city for basic service and multi-channel tier cable television service, including the transmission of broadcast signals and access origination channels; “GROSS RECEIPTS” shall not include any revenues derived from installation fees, disconnect and reconnect fees, reimbursement of expenses in the operation of any access channel, advertising, leasing of cable channels, individual programs or individual signals for which a separate charge is made, furnishing other communication and nonbroadcast services, either directly or as a carrier for another party, or any other income derived from the system.
“MAYOR.” The existing or succeeding chief administrative officer of the city, or his designate.
“PERSON.” Any person, firm, partnership, association, corporation, company or organization of any kind.
“STREET.” The surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way now or hereafter held by the city, or dedicated for use by the city, use by the general public, or use compatible with cable system operations.
“SUBSCRIBER.” Any person or entity receiving for any purpose the CATV service of a grantee herein.
“USER.” A person utilizing a channel for purposes of production and/or transmission of material, as contrasted with receipt thereof, in a subscriber capacity.
(Ord. 94-0-6, passed 9-12-94)