For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning.
APPLICABLE LAWS. Any law, statute, charter, ordinance, code provisions, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals. BASIC CABLE SERVICE as defined herein shall not be inconsistent with 47 USC 543(b)(7)(1993).
CABLE ACT. Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) (codified at 47 USC 521-611 (1982 & Supp. V 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. 102-385 and the Telecommunications Act of 1996, Pub. L. 104-458 and as the same may, from time to time, be amended.
CABLE SERVICE.
(1) The one-way transmission to subscribers of video programming, or 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.
CABLE TELEVISION SYSTEM, SYSTEM, or 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 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 rights-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 USC 201-226, except that such facility shall be considered a cable system (other than for purposes of 47 USC 541) to the extent such facility is used in the transmission of video programming directly to subscribers; unless the extent of such use is solely to provide interactive on-demand services;
(4) An open video system that complies with Section 653 of the Cable Act; or
(5) Any facilities of any electric utility used solely for operating its electric utility system.
CHANNEL or CABLE 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 Federal Communications Commission.
COUNCIL. The City Council.
FRANCHISE. An initial authorization, or renewal thereof, issued by the city, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a cable system over publicly owned rights-of-way.
FRANCHISE AGREEMENT. A franchise granted pursuant to this chapter containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters.
FRANCHISE FEE. Any tax, fee or assessment of any kind imposed by the city or any other governmental authority on a grantee or cable subscriber, or both, solely because of their status as such. The term does not include:
(1) Any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);
(2) Capital costs which are required by the franchise agreement to be incurred by the grantee for PEG Access Facilities;
(3) Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages;
(4) Any fee imposed under USC Title 17.
GOVERNMENTAL AUTHORITY. Any court or other federal, state, county, municipal or other governmental department, commission, board, agency or instrumentality.
GRANTEE. Any person receiving a franchise pursuant to this chapter and its agents, officers, designees, or any lawful successor, transferee or assignee.
GRANTOR or CITY. The City of Worthington, Minnesota as represented by the Council. The City Administrator shall be responsible for the continuing administration of the franchise.
GROSS REVENUES. Any and all revenue derived by the grantee from the or in connection with the operation of the cable system to provide cable service in the city. Gross revenues shall include, by way of example but not limitation, revenues from basic cable service, all cable service fees, premium, pay-per-view, pay television, franchise fees, late fees, guides, home shopping revenue, installation and reconnection fees, upgrade and downgrade fees, advertising revenue, converter rental fees and lockout device fees. GROSS REVENUE shall not include FCC fee, PEG fees, refundable deposits, bad debt, investment income, nor any taxes, fees or assessments of general applicability imposed or assessed by any governmental entity. A franchise fee is not such a tax, fee or assessment. The city acknowledges and accepts that grantee shall maintain its books and records in accordance with generally accepted accounting principles.
INITIAL SERVICE AREA. The area of the city which will receive cable service initially, as set forth in any franchise agreement.
INSTALLATION. The connection of the system from feeder cable to the point of connectivity.
MAY. Is permissive.
NORMAL BUSINESS HOURS. Those hours during which most 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, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the system.
PERSON. Any individual or any association, firm, general partnership, limited partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit.
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES or PEG ACCESS FACILITIES.
(1) Channel capacity designated for public, educational or governmental use; and
(2) Facilities and equipment for the use of such channel capacity.
SECTION. Any section, subsection or provision of this chapter.
SERVICE AREA or FRANCHISE AREA. The entire geographic area within the
city as it is now constituted or may in the future be constituted, unless otherwise specified in the franchise agreement.
SERVICE INTERRUPTION. The loss of picture or sound on one or more cable channels.
SHALL and WILL. Are mandatory.
STATE. The State of Minnesota.
STREET or PUBLICLY OWNED RIGHT-OF-WAY. Each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas that the grantor shall permit to be included within the definition of STREET from time to time.
SUBSCRIBER. Any person who lawfully receives cable service via the cable system. In the case of multiple office buildings or multiple dwelling units, the SUBSCRIBER means each lessee, tenant or occupant not the building owner.
(Ord. 836, passed 6-23-97; Am. Ord. 1052, passed 6-11-12)