For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein where capitalized. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words otherwise not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory.
ACCESS: Includes public, educational and governmental access and means the availability for noncommercial use by various public, educational and governmental agencies, institutions and organizations in the community, including the city and its designees, of a particular channel on the cable system to receive and distribute video programming to subscribers, including, but not limited to:
A. "Public access" means access where local institutions or residents are the primary users having editorial control over programming and services.
B. "Educational access" means access where schools are the primary users having editorial control over programming and services.
C. "Governmental access" means access where governmental institutions or their designees are the primary users having editorial control over programming and services.
ACCESS CHANNEL: Channel capacity designated for public, educational or governmental access use, or otherwise made available to facilitate access programming.
APPLICANT: Any person or entity that applies for an initial franchise.
CABLE SERVICE: The one-way transmission to customers of video programming or other programming service, and customer interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEM: Any 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 customers within a community, but such term does not include: a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; b) a facility that serves customers without using any public right of way; c) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the communications act, except that such facility shall be considered a cable system other than for purposes of section 621(c) of the communications act to the extent such facility is used in the transmission of video programming directly to customers, unless the extent of such use is solely to provide interactive on demand services; d) an open video system that complies with federal statutes and regulations; or e) any facilities of any electric utility used solely for operating its electric utility systems.
CITY: Washington City, a municipal corporation of the state of Utah, and all of the area within its boundaries, as such may change from time to time.
CITY COUNCIL: The Washington City council, or its successor, the governing body of the city.
COMMUNICATIONS ACT: The communications act of 1934, as amended by, among other things, the cable communications policy act of 1984, the cable consumer protection and competition act of 1992, and the telecommunications act of 1996, as it may be further amended from time to time.
CUSTOMER: Any person who or which elects to subscribe to, for any purpose, cable service provided by a franchisee by means of or in connection with the cable system and whose premises are physically wired and lawfully activated to receive cable service from franchisee's cable system.
CUSTOMER SERVICE REPRESENTATIVE OR CSR: Any person employed by the franchisee to assist or provide service to customers, whether by answering public telephone lines, answering customers' questions or performing other customer service related tasks.
CUSTOMER SERVICE STANDARDS: Those customer service standards set forth herein and as hereafter amended that are applicable to franchisees.
FCC: The federal communications commission.
FRANCHISE: An agreement that authorizes a person or entity to construct, operate, maintain or reconstruct a cable system. Upon the written acceptance by a franchisee, the agreement constitutes a contract between the city and franchisee.
FRANCHISE AREA: The area within the jurisdictional boundaries of the city to be served by a franchisee as specified in the franchise.
FRANCHISEE: The person, firm, corporation or entity to whom or which a "franchise", as hereinabove defined, is granted by the city council under this chapter and the lawful successor, transferee or assignee of said person, firm, corporation or entity.
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in the city are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS: Those service conditions that are within the control of the franchisee. Those conditions that are not within the control of the franchisee include, but are not limited to, natural disasters, civil disturbances, power outages and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the franchisee include, but are not limited to, special promotions, pay per view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of the cable system.
RIGHT OF WAY OR RIGHTS OF WAY: All of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and are located within the city: streets, roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements and similar public property and areas.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels. (Ord. 2011-04, 6-22-2011)