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(a) As used in this chapter, certain terms are defined as follows:
(1) "Additional service" means any communications service other than basic service, provided over the system by the company directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications services including, by way of example, but not limited to, burglar alarms, data or other electronic intelligence transmission, facsimile reproduction, meter reading and home shopping.
(2) "Applicant" means any person submitting an application to the City for a franchise to operate a CATV system under the terms and conditions set forth by Council.
(3) "Basic service" means the simultaneous delivery by the company to television receivers, or any other suitable type of audio-video communication receivers, to all subscribers and to all locations in the City of all signals of over-the-air television broadcasters required by the Federal Communications Commission (hereafter, "F.C.C.") to be carried by a CATV system to be defined by the F.C.C.; the company channels; City channels, except as may be designated for special purposes; education channels, public access channels and lease channels. Pay or subscription television as defined by the F.C.C. shall not be considered part of the basic service.
(4) "Channel" means a band of standard and nonstandard frequencies in the electromagnetic spectrum which are capable of carrying an audio-digital and/or an audio-visual television signal or signals.
(5) "City channels" means the public channels on the CATV system which are reserved by the franchise agreement for use by the City for such purposes as it may designate.
(6) “Commercial subscriber” means a purchaser of any service delivered over the system who or which is not a residential subscriber, or who or which utilizes the service in connection with business, trade or profession.
(7) "Community antenna television" (CATV) means the business of transmission and distribution of television signals, including radio signals, by means of cable to private subscribers but does not include the operation of a master television antenna system, the distribution system of which is confined to private property.
(8) "Community antenna television system" (CATV system) means a system of antenna, cables, wires, lines, towers, waveguides, laser beams or any other conductors, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, amplifying and distributing by coaxial cable, audio, video and other forms of electronic or electrical signals to and from subscribers and locations in and outside the City. It may also be referred to as "Broadband Cable Communications System".
(9) "Company" means the grantee of rights under this chapter and to whom or to which a franchise is granted pursuant to the terms of this chapter.
(10) "Converter" means 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 all signals delivered at designated dial locations.
(11) "Council" means the Council of the City of Willoughby, Ohio.
(12) "Director of Finance" means the Director of Finance of the City of Willoughby and any officer or employee of the City appointed by the Director to act for such Director.
(13) "Distant signal channel" means a channel or channels on the CATV system designated to carry signals from stations located outside the mandatory carriage area as defined by the F.C.C.
(14) "District" means that area within the City corporate limits.
(15) "Dwelling unit" means a room or suite of rooms in a building or portion thereof, used for living purposes by one family. A "dwelling unit" shall not mean a building used solely for commercial uses.
(16) "Educational access channel" means the public channels on the CATV system which are designated by the franchise agreement for the primary carriage of educational programs and services whether or not the schools are public, parochial or private.
(17) "Effective date" of the franchise means the date upon which an ordinance granting a franchise becomes effective as a matter of law.
(18) "Federal Communications Commission" or "F.C.C. " means that agency as presently constituted by the U.S. Congress or any successor agency.
(19) "Franchise agreement" means a nonexclusive contract and authorization granted pursuant to this chapter for the construction, operation and maintenance of a CATV system within the City.
(20) "Franchise holder" means the person or company awarded a "Certificate of Public Interest, Convenience and Necessity" for the operation of a CATV system in the City, the "franchise" to be awarded in accordance with the provisions of applicable law, including this chapter.
(21) "Franchise property" means all property owned, leased, installed or used under authority of this chapter by the grantee.
(22) "Grantee" means the person to whom a franchise is granted by an ordinance of the City.
(23) "Gross receipts" means all revenue derived directly or indirectly by the company, its affiliates, subsidiaries, parents and any person in which the company has a financial interest, from or in connection with the operation of the system, within the City.
(24) "Gross revenue" means all revenue derived from all charges from all subscribers within the City of Willoughby.
(25) "Head end facilities" means that portion of the CATV system consisting of the television receiving antennae and structures necessary to support such antennae in a position to receive television broadcast signals and distribution of such signals.
(26) "Lease channel" means the channel or channels on the CATV system which are reserved by this chapter for carriage of program material provided by persons who lease channel time and if necessary, studio facilities and/or equipment from the grantee for the presentation of programs in accordance with this chapter.
(27) "Pay television" means the delivery over the system of video signals in intelligible form to subscribers for a fee or charge, over and above the charge for basic service, on a per program, per channel or other subscription basis.
(28) "Person" means person, firm, corporation or association, and any other legally recognized entity.
(29) "Public access channels" means channels on the system which are reserved by this chapter for carriage of program material provided by persons who use channel time and, if necessary, studio facilities, from the company for the presentation of programs in accordance with this chapter.
(30) "Residential subscriber" means a purchaser of any service delivered over the system to an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
(31) "School system" means all public, private or parochial schools within the City.
(32) "Street/streets" means the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way or place, alley, court, boulevard, parkway, drive or other easement now or hereafter held by the City 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 City, which shall, within their proper use and meaning entitle the City and its grantee to the use thereof for the purposes of installing or transmitting CATV system transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and pertinent to a CATV system.
(33) "Subscriber" means a purchaser of any service delivered over the CATV system and includes those persons who are not required to pay any fee because of their exemption from fees by this chapter.
(34) "Subscription television" means a system whereby subscription television broadcast programs are transmitted and received, provided further that the term "broadcast" shall include cable.
(35) "System" means the broadband communications facility maintained by the company within the City.
(36) "Two way capability" means the subscriber or any other location shall have the capability to choose whether or not to respond immediately, or by sequential delay by utilizing any type of terminal equipment whatever by push-button code, dial code, meter, voice, video signal or by any other means, to any type of electronic, including but not limited to audio and video, electrical or mechanically produced signal, display and/or interrogation.
(37) "User" means a person or organization utilizing a system channel for purposes of production and/or transmission of material, as contrasted with receipt thereof, in a subscriber capacity.
(38) "Good cause" means that set of facts and circumstances which, in an individual case, a reasonable man would adjudge to be beyond the grantee's reasonable control and which would, therefore, represent a justifiable excuse of performance. Depending on the facts and circumstances, good cause may include, but shall not be limited to, delays or interruptions arising from necessary utility changes, rearrangements, power outages, the fulfillment of governmental or regulatory restrictions or requirements, national emergency, uncontrollable material shortages, fire, earthquake, the elements and Acts of God.
(Ord. 1980-88. Passed 4-15-80.)