For the purpose of this chapter, the following terms, phrases, words, and abbreviations have the meanings ascribed to them in this section.
1. “Basic cable” means the lowest priced tier of cable service that includes the retransmission of local broadcast television signals.
2. “Cable Act” means Title VI of the communications act of 1934, as amended.
3. “Cable services” means: (i) the one-way transmission to subscribers of video programming or other programming service; and (ii) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
4. “Cable system” means the Grantee’s 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 subscribers within the service area.
5. “FCC” means the Federal Communications Commission or successor governmental entity thereto.
6. “Gross revenue” means any revenues from the operation of the cable system to provide cable services in the service area received by Grantee from subscribers; provided, however, gross revenues do not include franchise fees, the FCC user fee or any tax, fee, or assessment of general applicability collected by the Grantee from subscribers for pass through to a government agency.
7. “Person” means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity.
8. “Public way” means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including (but not limited to) public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses now or hereafter held by the City in the service area, which shall entitle the Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the cable system.
9. “Service area” means the present boundaries of the City, and includes any additions thereto by annexation or other legal means.
10. “Standard installation” means 125 feet from the nearest tap to the subscriber’s terminal.
11. “Subscriber” means a person who lawfully receives cable service of the cable system with the Grantee’s express permission.