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For the purpose of this Chapter the following terms, phrases, words and their derivations shall have the meanings given herein:
ADDITIONAL SERVICE: Any subscriber service provided by the grantee for which a special charge is made based on program or service content, time, or spectrum space usage.
APPLICANT: Any entity applying for a cable television franchise pursuant to this Chapter.
BASIC SERVICE: All subscriber services provided by the grantee in one or more service tiers, which includes the delivery of local broadcast stations, and public, educational and government access channels. Basic service does not include optional program and satellite service tiers, a la carte services, per channel, per program, additional service, or auxiliary services for which a separate charge is made. However, grantee may include other satellite signals on the basic service tier.
BOARD: The Western Springs President and Board of Trustees.
CABLE SYSTEM OR SYSTEM OR CABLE TELEVISION SYSTEM: A system of antennas, cables, wires, lines, towers, wave-guides, or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video, and other forms of electronic, electrical or optical signals, which includes cable television service and which is located in the Village. The definition shall not include any such facility that serves or will serve only subscribers without using Village rights of way.
CLASS IV CHANNEL: A signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another point in the cable communications system.
COMPLAINT: Any complaint regarding service, picture quality, charges or other matter relating to the cable system made by a customer to the grantee, whether in written or oral form.
CONTROL OR CONTROLLING INTEREST: Actual working control or ownership of a system in whatever manner exercised. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or entity (except underwriters during the period in which they are offering securities to the public) of ten percent (10%) or more of a cable system or the franchise under which the system is operated. A change in the control or controlling interest of an entity which has control or a controlling interest in a grantee shall constitute a change in the control or controlling interest of the system under the same criteria. Control or controlling interest as used herein may be held simultaneously by more than one person or entity.
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 more than twelve (12) channels delivered by the system at designated converter dial locations.
FCC: The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
GRANTEE: A person or entity to whom or which a franchise under this Chapter is granted by the Village, along with the lawful successors or assigns of such person or entity.
GROSS REVENUES: All revenue collected directly or indirectly by the grantee, arising from or attributable to the provision of cable service by the grantee within the Village including, but not limited to: periodic fees charged subscribers for any basic, optional, premium, per-channel or per-program service; installation and reconnection fees; leased channel fees; converter rentals and/or sales; program guide revenues; studio or production equipment rentals; late or administrative fees; upgrade, downgrade or other change-in-service fees; advertising revenues; revenues from home shopping and bank-at-home channels; revenues from the sale, exchange, use or cable cast of any programming developed on the system for community or institutional use; provided, however, that this shall not include any taxes on services furnished by the grantee herein imposed directly upon any subscriber or user by the State, local or other governmental unit and collected by the grantee on behalf of the governmental unit.
INITIAL SERVICE AREA: All areas in the Village having a density of at least twenty (20) dwelling units per street mile.
INSTALLATION: The connection of the system from feeder cable to subscribers' terminals.
MAY: "May" is permissive.
MONITORING: Observing a communications signal, or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever; provided monitoring shall not include systemwide, nonindividually addressed sweeps of the system for purposes of verifying system integrity, controlling return paths transmissions, or billing for pay services.
NORMAL BUSINESS HOURS: As applied to the grantee shall mean those hours during which similar businesses in the Village are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week, and some weekend hours.
NORMAL OPERATING CONDITIONS: Those service conditions that are within the control of the grantee. Those conditions that 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, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
SERVICE INTERRUPTION: The loss of either picture or sound or both for a single or multiple subscriber(s).
SHALL: "Shall" is mandatory.
STREET: The surface of and all rights of way and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the Village for the purpose of public travel and shall include other easements or rights of way as shall be now held or hereafter held by the Village which shall, within their proper use and meaning entitle the grantee to the use thereof for the purposes of installing poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to a cable television system.
SUBSCRIBER: Any person, firm, grantee, corporation, or association lawfully receiving any service provided by a grantee pursuant to this Chapter.
USER: A party utilizing a cable television system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.
VILLAGE: The Village of Western Springs, Illinois. (Ord. 98-2054, 9-28-1998)