For purposes of this Franchise, 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 tense, words in the plural number include singular number words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) "Basic Service" means that service tier which includes the retransmission of local television broadcast signals.
(b) "Cable Communications System" or "System" means a facility consisting of a set of closed transmission paths, associated signal generation, reception, and control equipment that is designed to provide Cable Services and which is provided to multiple subscribers within the Village. Such term does not include:
(1) A facility that services only to retransmit the television signals of one (1) or more television broadcast stations;
(2) A facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way.
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of title 11 of the Communications Act of 1934 except that such facility shall be considered a cable system to the extent such facility is used in the retransmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility systems
(c) "Cable Service" means (1) the one way transmission to subscribers of video programming (i.e., programming provided by, or generally comparable to programming provided by, a television broadcast station) and other programming, and (2) subscriber interaction, if any, which is required for the selection of such video programming.
(d) "FCC" means the Federal Communications Commissions or any successor thereto, having jurisdiction over cable television.
(e) "Force Maieure" means a strike, acts of God, acts of public enemies, orders of any kind of a government of the United States of America or of the State or any of their departments, agencies, political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, tornadoes, volcanic activity, storms, floods, washouts, droughts, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party.
(f) "Grantee" means Cablevision Industries Limited Partnership, dba Time Warner Cable, its agents, lawful successors, transferees or assignees. (Also referred to herein as"Operator").
(g) "Gross Revenues" shall mean all revenues collected by the Grantee from the provision of Cable Services to subscribers of the system in the Village of Utica, including, but not limited to, Basic Cable Service revenues, any other service tier revenues and Home Shopping revenues. This term does not include any sales, excise, or other taxes collected by the Grantee on behalf of the state, city, or other governmental unit, bad debts which are uncollected or late fees imposed upon delinquent accounts.
(h) "Person" means any corporation, partnership, proprietorship or organization authorized to do business in the State or any person.
(i) "Public Propertv" means any real property other than a street owned by any governmental unit.
(j) "State" means the state of Ohio.
(k) "Street" means the surface of and the space above and below any street, road, highway, freeway, lane, path, way, alley, court, sidewalk, boulevard, parkway, drive, or any public easement or right-of-way now or hereafter held by the Village which shall entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, confluents, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to a System.
(l) "Village" shall mean the Village of Utica, Ohio as the same now or in the future may exist. (Ord. 02-016. Passed 1-13-03.)