§ 52-19. Definitions.

For the purpose of this article, the following terms, words, phrases and their derivations shall have the meanings set forth. When not inconsistent with the context, 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. The words "shall" and "will" are always mandatory and not merely directory. The word "may" is permissive. Words appearing in this article which are not defined in this section shall have their common and ordinary meanings.

Access channel means any program or signal channel available for nonprofit use by government agencies, educational institutions, community groups and individual members of the public under terms established by the franchise agreement.

Administrator is the chief administrative officer of the grantor or that person designated or provided with the authority to execute this article.

Application shall mean any proposal seeking authority from the grantor to construct, develop, reconstruct, or redevelop and operate a cable system within the jurisdiction of the grantor pursuant to this article. It shall include any initial proposal as well as all amendments and informal correspondence related thereto, all subsequent renewal proposals and in each and every instance it shall mean the inclusion of all information requested in this article.

Basic service means at least all of the following:

(1)

The retransmission to all subscribers of all broadcast television channel signals authorized by the Federal Communications Commission and provided for in the franchise agreement;

(2)

The cablecasting to all subscribers of programming on the local origination channel and all public, educational, government and community access channels.

Broadcast signal means a television or radio signal that is transmitted over the air and is received by a cable communications system off the air through a microwave or satellite link, and retransmitted to cable system subscribers.

Cable communications system or system means a system of antennas, cables, amplifiers, towers, microwave links, cablecasting studios, and any other conductors, converters, equipment or facilities designed and constructed for the purpose of distributing video programming to home subscribers and for producing, receiving, amplifying, storing, processing or distributing audio, video, digital, or other forms of electronic or electric signals.

Cable facility means a nonbroadcast signal that originates within the facilities of the cable communications system.

Cablecast means to distribute programs originating locally to subscribers to the cable system.

Channel means a frequency band which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals or some combination of such signals.

Community access group means any nonprofit group or organization designated as eligible to utilize access channels and facilities.

Converter is an electronic device which converts signals transmitted as cable service to a frequency which permits their reception on subscriber's television receivers.

Drop means the cable and related hardware, including grounding materials which connect a subscriber's premises to the cable system.

Easement shall mean the right to occupy and use public rights-of-way, including public utility easements for the operation of a cable system.

Education access channel means any channel where local educational institutions are the primary designated programmers.

FCC means the Federal Communications Commission and any legally appointed designee, agent or successor.

Franchise means the rights granted pursuant to this article to construct, own, operate and maintain a system, as defined by the article, within the jurisdiction of the grantor. Any such authorization, in whatsoever form granted, shall not mean nor include any license or permit required for the privilege of transacting and carrying on a business within the jurisdiction of the grantor as required by other ordinances and laws of the grantor.

Franchise agreement means a written agreement between the grantor and the grantee, including the specifications, franchise applications and other related material establishing the grantee's rights and responsibilities relating to construction, operation and maintenance of a cable communications system.

Government access channel means any channel where local governmental agencies are the designated programmer.

Grantee means the franchisee, its successors or its delegates acting within the scope of its franchise.

Grantor means the community or its designee.

Gross receipts means all revenues derived directly or indirectly by a grantee, its affiliates, subsidiaries, parents and any person in which a grantee owns any interest from or in connection with the operation of the cable system for the delivery of cable service including, but not limited to, all monthly subscriber fees for basic service and any premium services, installation and reconnection charges, equipment rental charges for converters, video cassette recorders, video production equipment and video tape programming, advertising revenue and leased channel revenue; provided, however, that this term does not include revenues generated from the sale or lease of capital assets unrelated to the operation of the cable system within the community or to the delivery of cable service outside of the community.

Headend means any location which houses the electronic equipment that transmits the necessary signal and services for the cable system, and includes sub-headends and similar facilities.

Installation refers to the complete process of constructing a subscriber drop which connects a television receiver to the cable system.

Leased access or leased access channel means any channel or portion of a channel available for lease and programming by persons or entities other than the grantee.

Local origination channel means any channel where the grantee is the primary designated programmer and provides local programs to subscribers.

Parental control lock-out device means a special electronic circuit or other appropriate device designed to permit a subscriber to scramble, block or trap temporarily any signal that cannot be viewed without the use of a code or physical "key" apparatus.

Pay cable or pay television means the delivery of television signals over the cable communications system for a fee or charge to subscribers over and above the charge for basic service on a per-program, per-channel or other subscription basis.

Person is any natural person, firm, partnership, association, corporation, company or organization of any kind.

Public access channel, community access channel or community channel means any channel where any member of the general public or any noncommercial organization may be a programmer, without charge, on a nondiscriminatory basis.

Street is the surface of as well as the space above and below any public street, road, highway, freeway, lane, path, public way or place, alley, court, sidewalk, boulevard, parkway, drive or any easement or extension, now or later held by the grantor for any public purpose and shall include any other easements or rights-of-way or extensions as may be later held by the grantor which shall, within their proper use and meaning, entitle the grantor and its grantee to their use.

Theft of service means the unauthorized reception of cable service, and shall include the action of any person who shall intercept or receive or assist in intercepting or receiving any cable service offered over a cable system, unless such actions are specifically or otherwise authorized by a grantee or authorized by law.

(Code 1984, § 9-2; Ord. No. 569, 9-12-1995)