For purposes of this chapter, any subsequent ordinance dealing with cable communications, any franchise agreement between the Village and a cable communications company, and any application or proposal submitted pursuant to an RFP, the following terms, phrases, words and their derivations shall have the meanings given herein:
(a) "Access cablecasting" means services provided by a cable television system on its public, education, local government, licensed or other access channels.
(b) "Access channels" means channels which are dedicated to the public interest, according to the following categories (collectively "PEG access" or "PEG channels"):
(1) Public access;
(2) Educational access; and
(3) Governmental access.
(c) "Applicant" means a person submitting a proposal for the franchise of a cable communications system.
(d) "Basic cable service" means any service tier which includes the retransmission of local television broadcast signals.
(e) "Cablecast" means to distribute programs (both from broadcasting sources and original programs) through the cable system by means of coaxial cable or other electrical conductors or fiber optical transmitters.
(f) "Cable communications service" or cable service" means:
(1) The one-way transmission to subscribers of:
A. Video programming; or
B. Other programming service; and
(2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
(g) "Cable communications system," "cable system," "CATV," "SMA-TV" (satellite master antenna television), or "system" means 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 video programming and which is provided to multiple subscribers within a community, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that serves subscribers without using any public right-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Federal Communications Act, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) to the extent such facility is used in transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility system.)
(h) "Community-specific cablecasting" means programming or channel allocation which selectively cablecasts to individual communities to meet their unique needs or interests.
(i) "Community" refers to any unit with common needs or interests such as individual villages or neighborhoods, school districts or groups with common characteristics.
(j) "Connection" means the attachment of the drop to the first radio or television set of the subscriber.
(k) "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 basic subscriber signals included in the basic service delivered at designated converter dial locations. The converter may also allow reception of additional programming and/or services at extra cost to the subscriber.
(l) "Drop" means the cable that connects the subscriber terminal to the nearest feeder cable of a cable system.
(m) "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
(n) "Feeder" means an intermediate line of cable system that carries signals from trunk line to drops.
(o) "Franchise" means the rights of a Grantee to construct and operate a cable system in the village, subject to the village charter, this chapter and the franchise agreement.
(p) "Franchise agreement" means the agreement between Grantee and the Village setting specific rights and responsibilities of each for construction and operation of cable system.
(q) "Fraud" or "deceit" are not limited to common law fraud and deceit but include the meaning of those words under federal securities law.
(r) "Grantee" means a person to whom a cable communications franchise has been granted.
(s) "Gross Revenues" means all revenue derived by Grantee or any entity affiliated with Grantee, from the operation of the cable system to provide cable services in the franchise area. Gross revenues shall include, but shall not be limited to, basic subscriber monthly fees, pay cable fees, converter rentals, late payment fees, installation and reconnection fees, advertising and home shopping revenue, leased access fees, and internet access service fees unless and until internet access service is determined to constitute a telecommunications service under subsequent applicable law, in which case Grantee shall be subject to all relevant provisions of the franchise and law regarding Grantee's authority to provide telecommunications services in the franchise area. In addition, if a competitor of Grantee has constructed and activated a cable system in the village and thereafter commences to furnish cable service in the village, then from the date the first customer receives service from the competitor in the village, and for so long as such competitor provides cable service in the village, Grantee's gross revenues shall be defined in the same manner as defined in the competitor's franchise. The term does not include (a) any taxes on services furnished by Grantee on behalf of said governmental unit, and (b) any dividends, distributions, interest or payments for service between Grantee and its affiliates, subsidiaries and parent.
(t) "Headend" means the equipment at the antenna site in a master antenna or cable system. The point of origination that collects all the signals (from broadcast stations, cable stations and satellite stations) and sends them to the subscribers.
(u) "Hub" means one of two or more elements in a large cable system from which trunk lines originate, from which programming and data is sent out via trunk lines, where upstream messages are received and where switching is accomplished. Large systems have multiple hubs linked to each other and/or to a master headend.
(v) "Installation" means the connection of the system from feeder cable to the point of connection.
(w) "Interactive system" means a two-way operations system. See also "two-way capability."
(x) "Interconnect" means to link cable headends so that subscribers to different cable systems can see the same programming simultaneously.
(y) "Local public access" refers to the public opportunity to use cable channels which are dedicated to that purpose and are not under control of Grantee.
(z) "Local origination" means programs produced locally, the content of which may be original or produced elsewhere and sold or licensed to Grantee for use.
(aa) "Lockout device" means a device which prevents reception of one or more channels at an individual drop.
(bb) "Loop" means a completely interactive closed-circuit net connecting specified municipal, educational, medical or commercial facilities within a system which should also have the capacity to be interconnected to the main cable system.
(cc) "Pay TV" means cable channels that require an additional subscriber fee.
(dd) "Person" means an individual, partnership, corporation or other entity as the context may indicate.
(ee) "Point-to-point transmission" means a signaling path provided by a system to transmit signals of any type from a subscriber terminal to another point in the system.
(ff) "Producer" means a user providing input services to the cable system for receipt by subscribers.
(gg) "Proposal" means an applicant's response to an 12FP or otherwise pursuant to an applicant's request for the award of a new or renewal franchise. However, renewal proposals shall not be subject to the franchise application fee set forth in this ordinance.
(hh) "Public property" means any real property owned by the village other than a street.
(ii) "RFP" means a request by the village for a proposal from applicants for a cable system.
(jj) "Security System" means optional two-way service(s) offered to cable subscribers which may alert authorities and/or subscribers of potential emergencies in the subscriber's home or public or private buildings.
(kk) "Senior Citizen" means a person sixty-two years old or older.
(ll) "Street" or "highway" means the surface of and the space above and below any public street, road, highway, freeway, land, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way now or hereafter held by the village which shall, within its proper use and meaning in the sole opinion of the village, 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 system.
(mm) "Subscriber" means a person who pays an installation charge and/or monthly fee to a cable system operator for connections to the system and for programs and services carried on the cable.
(nn) "Subscriber service drop" means the same as "drop."
(oo) "Trunk" or "trunk line" means the main line of a cable system that carries signals from headend to extremities of cable system.
(pp) "Two-way capability" means the ability of a cable system to conduct signals to a headend as well as from the headend. See also "loop."
(qq) "User" means a person or organization utilizing a system channel as a producer, for purposes of production and/or transmission of material, or as a subscriber, for purposes of receipt of material.
(rr) "Village" means the Village of Wolverine Lake and all the territory within its corporate limits.
(ss) "Village Council" means the governing body of the Village.
(Ord. 141. Passed 2-12-03.)