SECTION:
3-7-1: Short Title
3-7-2: Intent And Purpose
3-7-3: Definitions
3-7-4: Grant Of Authority; General Provisions
3-7-5: Design Provisions
3-7-6: Service Provisions
3-7-7: Construction Provisions
3-7-8: Operation And Reporting Provisions
3-7-9: Consumer Protection Provisions
3-7-10: General Financial And Insurance Provisions
3-7-11: Foreclosure, Receivership Or Abandonment
3-7-12: Removal, Transfer And Purchase
3-7-13: Rights Of Individuals Protected
3-7-14: Miscellaneous Provisions
3-7-15: Effective Date; Publication And Time Of Acceptance
Notes
| 1 | 1. See title 2, chapter 13 of this code. |
The city intends, by the adoption of this chapter, to bring about the development and operation of a cable system. This development can contribute significantly to the communications needs and desires of many individuals, associations and institutions. (Ord. 4154, 2-19-1996)
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
BASIC SERVICE: Any service tier which includes the retransmission of local television broadcast signals.
CABLE ACT: The cable communications policy act of 1984, pub. L. no. 98-549, 98 stat. 2779 (1984) (codified at 47 USC sections 521-611 (1982 & supp. V 1987)) and any amendments thereto.
CABLE SERVICE: a) The one-way transmission to subscribers of video programming or other programming service; and b) subscriber interactive programming or other programming service, or any other lawful communications service.
CABLE SYSTEM: A 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 programming and which is provided to multiple subscribers 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 only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities use any public right of way; c) a facility of common carrier which is subject, in whole or in part, to the provisions of title II of the cable act, except that such facility shall be considered a cable system (other than for purposes of section 621 (c) of title I of the cable act) to the extent such facility is used in the transmission of video programming directly to subscribers; or d) any facilities of any electric utility used solely for operating its electric utility system.
CABLE SYSTEM UPGRADE: The process by which the system shall be upgraded pursuant to subsection 3-7-5A of this chapter.
CHANNEL: A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the FCC.
CITY: The city of Waterloo, Iowa, or, as appropriate in the case of specific provisions of this franchise, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the city of Waterloo, or any officer, official, employee or any successor thereto.
CITY COUNCIL: The governing body of the city.
COMPLAINT: Any verbal or written inquiry, allegation or assertion made by a person which requires subsequent corrective action to the cable system or any portion thereof, or raises an objection to the programming or business practices of grantee. The term "complaint" does not include an inquiry which is immediately answered by the grantee.
CONVERTER: A device utilized by a subscriber to change the frequency of a signal.
DROP: The cable that connects the subscriber terminal at a point in the subscriber's home, designated by the subscriber, to the nearest feeder cable of the cable system.
FCC: The Federal Communications Commission, its designee, or any successor thereto.
GRANTEE: Any person granted a franchise hereunder, its agents, employees and representatives, or the lawful successor, transferee or assignee thereof.
GROSS REVENUES: Any and all revenues of any kind or nature received directly or indirectly by the grantee derived from the operation or existence of the cable system. Gross revenues shall not include revenues derived directly from national advertising which may be carried on the cable system. This sum shall be the basis for computing the fee imposed pursuant to subsection 3-7-10A of this chapter. This sum shall not include any taxes on services furnished by the grantee which are imposed upon any subscriber or user by the state, county, city or other governmental unit and collected by the grantee on behalf of said governmental unit, including the access support fee identified in subsection 3-7-6G of this chapter. There shall be no other deductions from this sum for uncollected accounts or any other item unless specified herein or as specified in federal law.
INSTALLATION: The act of connecting the cable system from the feeder cable to the subscriber terminal so that cable television service may be received by the subscriber.
INSTITUTIONAL NETWORK: The cable or cables, electronics and ancillary equipment provided pursuant to subsection 3-7-6E of this chapter.
LOCAL OFFICE: A location where the grantee or its agents are available to conduct business with subscribers during normal business hours. Such business could include bill payments, equipment returns, service complaints, new subscriptions or disconnections.
NORMAL BUSINESS HOURS: As applied to the grantee, shall mean those hours during which 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 which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, subscriber billing, regular peak or seasonal demand periods and maintenance or upgrade of the cable system.
PERSON: Any natural person or any association, firm, partnership, joint venture, limited liability company, corporation or other legally recognized entity, whether for-profit or not-for-profit.
PUBLIC PROPERTY: Any real property, other than a street, owned by any governmental unit.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels.
SIGNAL: Any transmission or reception of radio frequency energy or of optical information.
STREET: The surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right of way now or hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the city, entitle grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a cable system.
SUBSCRIBER: Any person or entity who lawfully subscribes to a cable service provided by grantee by means of or in connection with the cable system whether or not a fee is paid for such service.
TWO-WAY CABLE SYSTEM: Pursuant to subsection 3-7-5A of this chapter, means that the headend, trunk cables, distribution plant, amplifiers and other technical components of the cable system have the requisite equipment to potentially provide video, audio, voice, and/or data signals in both directions simultaneously. (Ord. 4154, 2-19-1996)
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