For purposes of this chapter the following terms, phrases, words, abbreviations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.
(a) "City" means the City of Zanesville, Ohio, in its present incorporated form, or in any form which may subsequently be adopted.
(b) "Council" means the Council of the City or any successor board constituting the legislative body of the City.
(c) "Mayor" means the Mayor of the City.
(d) "Public Service Director" means the Director of Public Service.
(e) "City Law Director" means the Law Director of the City.
(f) "City Auditor" means the person elected as the City's financial officer or any person designated by the Auditor to act in his behalf for the purpose of fulfilling the responsibilities imposed by this chapter.
(g) "Federal Communications Commission" or "FCC" means that agency as presently constituted by the Communications Act of 1934 as amended or any successor agency.
(h) "Franchise" means the non-exclusive rights granted hereunder to construct and operate a cable television system along the public ways within all or specified areas in the City, and is not intended to include any license or permit required for the privilege of transacting and carrying on a business within the City as may be required by other regulations and laws of the City.
(i) "Grantee" means the natural person(s), partnership(s), domestic and foreign corporation(s) of any kind granted a franchise by Council under this chapter and its lawful successor, transferee or assignee.
(j) "Public way" means 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 or other public right of way, including public utility easements or rights of way, now or hereafter held by the City which shall entitle the City and the grantee to the use thereof for the purpose of installing and maintaining the grantee's cable television system.
(k) "Cable television system" means any facility that, in whole or in part, receives directly or indirectly over the air, and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television or radio stations and distributes such signals by wire or cable to subscribing members of the public who pay for such service. Such definition shall not include:
(1) Any similar facility that serves fewer than fifty subscribers, or
(2) Any similar facility that serves only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of such an apartment house.
(l) "Subscriber" means any person who contracts to purchase, orally or in writing, the regular subscriber service and/or any one or more of such other services as may be provided by the grantee's cable television system.
(m) "Regular subscriber service" means the distribution to subscribers of signals over the cable television system on all channels except leased channels, those for which a per-program or per-channel charge is made, two-way services, and those intended for reception by equipment other than a television broadcast receiver. Grantee shall provide under its regular subscriber basic service, sixteen basic channels.
(n) "Converter" means an interface device which may be furnished to subscribers in order that nonstandard television channels carried on the cable television system may be received on a conventional home television receiver. The device may be used on top of the television set (set-top), or attached to the back of the television set, or installed at a remote location.
(o) "Gross subscriber revenues" means all revenue derived directly or indirectly by grantee from installation fees, moving and reconnecting fees, charges for regular subscriber service and primary and secondary outlet revenues.
(p) "Net profit" means the amount remaining after deducting from gross subscriber revenues all of the normal, direct and indirect expenses associated with operating the cable television system including the franchise fee, interest, depreciation and federal or State income taxes.
(q) "Fair market value" means the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation formula and sale multiples prevailing in the industry at the time at which Council elects to exercise its option. Such value shall not include any value attributable to the franchise.
(r) "Depreciated value" means the value as shown on the grantee's books and records of all the cable television system's tangible assets after depreciation which shall be calculated to the end of the grantee's last fiscal year. Such value shall not include "good will" or any value that the grantee's books and records attribute to the franchise.
(s) "City Clerk" means the person designated as the City Clerk by Council or any person designated by the City Clerk to act in his behalf for the purpose of fulfilling the responsibilities imposed by this chapter.
(t) "Government access channel" means a channel on which City, County, State, the Federal Government or any local public or private school, college or university may cablecast without charge.
(u) "Social service agency" means any agency or other nonprofit organization including but not limited to agencies providing health education, employment training, job placement and referrals, information to senior citizens, or any other agency so designated by Council.
(v) "Public access channel" means a channel on which any resident of the City may cablecast, without charge, for any legitimate, noncommercial, nonpolitical purpose, on a first come, first served, nondiscriminatory basis.
(w) "Hospital access channel" means any channel on which local hospitals or similar health service institutions may cablecast free to all subscribers, any hospital or health service related programs on a first come, first served, nondiscriminatory basis.
(x) "Leased access channel" means any channel available for lease, at a fair and nondiscriminatory rate, on a first come, first served basis, including those portions of other access channels not in use, provided that in no event may a lessee contract for more than fourteen hours per week of prime time (7:00 p.m. to 11:00 p.m. E.S.T.) more than one month into the future on any other access channel.
(y) "Local origination" means that form of cablecasting wherein programming is under the control of the grantee and wherein programming originates primarily within.
(z) "Cablecasting" means that form of audio and video programming and/or data transmission sent through the cable system for general distribution.
(Ord. 76-146. Passed 12-13-76; Ord. 83-84. Passed 5-23-83.)