For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDITIONAL SERVICES. Programming or services for which an additional charge is made beyond the charge for basic subscriber services, including, but not limited to, movies, concerts, variety acts, sporting events, pay-per-view programs, interactive services, and any other service utilizing any facility or equipment of a cable television system operating pursuant to a franchise granted under this chapter.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals and public, educational and government access channels.
CABLE ACT or COMMUNICATIONS POLICY ACT. The Cable Communications Policy Act of 1984 (P.L. 98-549, 47 USC 521 (Supp.)) and the Telecommunications Act of 1996 as they may be amended or succeeded.
CABLE SERVICE. The one-way transmission to subscribers of video programming, or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE TELEVISION SYSTEM. Also referred to as "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 re-transmit the television signals of one or more television broadcast stations;
(2) A facility that serves only subscribers in one or more multiple dwelling unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public rights-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provision of Title II of the Cable Act, except that such facility shall be considered a cable system other than for purposes of Section 621(c) of the Cable Act to the extent such facility is used in the transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility systems.
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 television channel is defined by the FCC by regulation).
CLOSED-CIRCUIT OR INSTITUTIONAL SERVICE. Such video, audio, data and other services provided to institutional users on an individual application basis. These may include, but are not limited to, one-way video, two-way video, audio or digital signals among institutions to residential subscribers.
COMMENCE OPERATION. That time and date when operation of the cable communications system is considered to have commenced, which shall be when the system is fully constructed.
COMMERCIAL SUBSCRIBER. A subscriber who receives and pays for a service in a place of business where the service may be utilized in connection with a business, trade or profession.
CONVERTER. An electronic device which converts signals to a frequency receivable by a subscriber television receiver, and any channel selector which permits a subscriber to view all signals at designated converter dial locations at the set or by remote control.
COUNCIL. The governing body of the County of York, South Carolina.
DEDICATED INSTITUTIONAL ACCESS CHANNELS. Broadband communications channels dedicated to serving city, county, state or federal governmental agencies, educational institutions, health care institutions or other nonprofit and profit-making organizations that may be qualified by the Council.
DISCRETE CHANNEL. A channel which can only be received by the person and/or institution intended to receive signals on such channel.
DROP. A coaxial connection from feeder cable to the subscriber/user television set, radio or other terminal.
EDUCATIONAL CHANNEL or EDUCATIONAL ACCESS CHANNEL. Any analog channel designated for noncommercial educational access programming.
EXTERNAL INCREMENTAL COST. Only the incremental material costs for additional fibers within common cable sheaths and includes no labor costs for construction of such common cable sheaths.
FAIR MARKET VALUE. The price that a willing buyer would pay to a willing seller for a going concern.
FCC. The Federal Communications Commission or any legally appointed or elected successor.
FRANCHISE. The nonexclusive rights, granted pursuant to this chapter, to construct, operate and maintain a cable communications system along the public ways within all or a specified area in the county. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the county, as required by other ordinances and laws of the county.
FRANCHISE AGREEMENT. A contract entered into voluntarily by the county and the grantee, containing the specific provisions of the franchise granted including applicable referenced specifications, franchise proposals, applications and other related material.
FRANCHISE AREA. The entire county, or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise agreement, the franchise area shall be the limits of the county.
FRANCHISE FEE. An amount, as specified by the county, of the grantee's gross receipts from the operation of the system pursuant to the franchise agreement.
FRANCHISEE or GRANTEE. The natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s), or organization(s) of any kind which has been legally granted a franchise by the county, and its lawful successor, transferee or assignee.
GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL. Any channel specifically designated or dedicated for noncommercial government use.
GRANTOR. The County of York as represented by the County Council acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES. All revenue received directly or indirectly by the grantee, its affiliates, subsidiaries and any person in which the grantee has a financial interest derived from the operation of the system hereunder; or as further defined in a franchise agreement.
INCREMENTAL MATERIAL COST. Only that portion of the costs incurred in the installation of facilities which exceed the construction capital cost of the cable television system and, but for the additional capacity provided upon request of the county, which would be incurred in the normal course of providing facilities of the grantee's own use and purpose.
INSTALLATION. The connection of the system from feeder cable to an outlet in a subscriber’s home.
LEASED ACCESS CHANNEL or COMMERCIAL LEASED CHANNEL. Any channel designated or dedicated for use by persons unaffiliated with the grantee in accordance with the Cable Act.
MONITORING. Observing a communications signal, or the absence of a signal, where the observer is not a party to the communications, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
PERSON. An individual, partnership, association, organization, corporation or any lawful successor, or transferee of said individual, partnership, association, organization or corporation.
PLANT MILE. A linear mile of strand-bearing cable as measured on the street or easement from pole or pedestal to pedestal.
PROGRAMMER. Any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded traces or other storage media, to users or subscribers by means of the cable communications system.
PUBLIC ACCESS CHANNEL or COMMUNITY ACCESS CHANNEL. Any channel designated or dedicated for noncommercial use by the general public or noncommercial organizations which is made available for use without charge on a nondiscriminatory basis.
PUBLIC BUILDINGS. Buildings so designated by the county that shall not be used for commercial purposes.
PUBLIC PROPERTY. Any real property owned by the county other than streets.
PUBLIC WAY or PUBLIC RIGHTS-OF-WAY. The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, waterways, utility easements or other public right-of-way hereafter located within the county, which shall entitle the county and the grantee to the use thereof for the purpose of installing and maintaining a cable television system.
REASONABLE NOTICE. Written notice addressed to either the county or grantee at its respective principal office within the county or such other office as the party has designated to the other as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said seven days, holidays recognized by the county shall be excluded.
RESIDENT. Any person residing in the county, as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER. A subscriber who receives and pays for a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
SALE. Any sale, exchange, barter or offer for sale.
SCHOOL. Any public, private or nonprofit educational institution, including primary and secondary schools, colleges and universities.
SERVICE or CABLE SERVICE. The one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
SERVICE AREA. The entire geographic area within the franchise territory.
SIGNAL. Any transmission of radio frequency energy or optical information.
STATE. The State of South Carolina.
STREET. Such 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 county limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the county shall permit to be included within the definition of street from time to time.
SUBSCRIBER. Any person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection with a cable communications system.
SYSTEM FACILITIES. The cable communications system constructed for use within the county, without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems, equipment or facilities located within the corporate limits of the county, designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio and visual radio, television and electronic signals to and from subscribers in the county, and any other equipment or facilities located within the corporate limits of the county intended for the use of the system; provided, however, such system facilities exclude buildings, contacts, facilities and equipment where primary use is for providing service to other system facilities located outside the county limits.
TRANSFER. The disposal by the grantee of its franchise privileges, directly or indirectly, by gift, assignment to any person or entity not in control of the grantee or under common control with the grantee, voluntary sale, merger, consolidation or otherwise, except publicly traded issue, not in control of the grantee. Unless modified by terms of grantee's franchise agreement, a rebuttable presumption that a transfer of control has occurred shall arise upon the disposal by the grantee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of 5% or more at one time of the ownership or controlling interest in the system, or 20% cumulatively over the term of the franchise, of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert.
TRUNK LINE. The major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.
UPSTREAM SIGNAL. A signal originating from a terminal to another point in the cable television system, including video, audio or digital signals for either programs or other uses such as security alert services and the like.
USER. A person or organization utilizing channel or equipment and facilities for the purpose of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(Ord. 3502, passed 10-7-02)