For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future; words in the plural number include the singular number; and words in the singular number include the plural number. “May” will be interpreted as permissive and “shall” will be interpreted as mandatory. Other terms not specifically defined will have the meanings generally accorded to them in the cable television industry.
(a) “Additional services” means any video programming including Expanded Basic, Digital Basic tier, Pay Channels, Pay-Per-View events for additional charges above the charge to Subscriber for Basic Services and provided to Subscribers over the Cable Television System but not including Basic Services.
(b) “Basic service” means the minimum service transmitted to all subscribers, which shall include at a minimum (1) all signals of domestic television broadcast stations entitled to “must carry” status under FCC rules, and (2) the initial analog public, education and governmental programming channels required by this Franchise Agreement.
(c) “Cable television 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 services which includes video programming to multiple subscribers within the City, excluding however, those facilities excluded from such definition of cable system in the Cable Act.
(d) “Cable Act” means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 and as further amended by the Telecommunications Competition and Deregulation Act of 1996 and as it may be further amended.
(e) “Cable services” means the one-way or two way transmission to or from subscribers of video programming, or other cable system services (including music) and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming or service which constitute cable services under the Cable Act.
(f) “City” means the City of York, Pennsylvania.
(g) “City Council” means the Legislature of the City of York.
(h) “Company” means Comcast of Southeast Pennsylvania LLC, a Delaware corporation, and grantee of rights under this Franchise or its assignee or successor.
(Ord. 12-2006. Passed 3-21-06.)
(i) “Digital basic” means video services other than Expanded Basic, premium or pay- per-view services that are offered as a tier in addition to Basic Service that are transmitted by digital technology.
(j) “Expanded basic” means the tier of video programming including Basic Service and additional satellite delivered programming.
(k) “Federal Communications Commission” or “FCC” means the present Federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress.
(l) “Franchise” means the non-exclusive right, privilege and authority granted by this Agreement to construct, maintain and operate a Cable Television System in the City, and shall permit in addition to the privilege to operate within the City, the Company to construct, maintain and operate such Cable Television System with whatever wires or components as are necessary, over, under or within all City Streets and Rights-of-Way.
(m) “Franchise fee” means the payments required to be made to the City by the Company for the right to operate in the City and which are allowed by Federal statute or regulation.
(n) “Gross revenue” means any and all revenue including, without limitation, cash, credits, property, and in kind contributions received directly or indirectly by Company, or its officials from any source, whatsoever arising from or attributable to the provision of Cable Services within the City, except as otherwise set forth herein. Gross Revenue shall include but not be limited to, the following: Basic Service fees; Additional Services fees charged to subscribers for any kind of Cable Service other than Basic Service; franchise fees, fees charged to subscribers for any optional, per channel, or per program services; installation, relocation, disconnection, reconnection, and change in service fees; fees for leasing of channels; rental or sales of any and all equipment including addressable and non- addressable; converters and remote control devices the portion of revenues attributable to the City as provided in this Agreement from any and all local advertising revenue (excluding agency commissions), revenue derived from national, regional and local advertising received by the area system; commissions received from home shopping channels’ sales generated in the franchise area; fees for any and all music services, including DMX; fees for video-on-demand, sales of program guides, amp purchases late payment fees, NSF check charges; revenues from electronic utility meter readings. Gross Revenue shall not include revenue from cable modem service, bad debts, state sales taxes or any taxes on services furnished by Company and directly imposed upon any subscriber or user by the City, state, federal or any other government user or any revenues upon which the City is not permitted by regulation or statute to levy a franchise fee.
(o) “PEG” means the acronym for Public, Educational and Governmental, used in conjunction with access channels, support and facilities.
(p) “Person” means any person, firm, corporation, association, trust, organization or other business entity.
(q) “State” means the Commonwealth of Pennsylvania.
(r) “Streets and rights-of-way” means the surface of, as well as, the space above and below all streets, roadways, highways, freeways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, easements, rights-of-way or other public ways in the City which have been or may hereafter be dedicated and opened to public use, or such other public property so designated by law which shall within their proper use and meaning entitle City and Company to access thereon for the purpose of installing cable transmission lines over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and pertinent to the Cable Television System in the City.
(s) “Subscriber” means a person or entity who contracts with Company for, and lawfully receives Cable Services distributed by the Cable System.
(Ord. 11-2005. Passed 2-15-05.)