§ 26-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Additional service means any communications service other than basic service provided over its CATV system by a grantee directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications services including, but not limited to, burglar alarm, data or other electronic intelligence transmission, facsimile reproduction, meter reading and home shopping.

Administrative officers means the mayor, city manager or other chief administrative officer of the city, or his designate.

Applicant means any person submitting an application to the city for a franchise to operate a CATV system under the terms and conditions set forth by the governing body.

Basic service means the simultaneous delivery by the grantee to television receivers (or any other suitable types of audio-video communication receivers) of all subscribers in the city of all signals of over-the-air television broadcasts required by the FCC to be carried by a CATV system as defined in this section. "Basic service" shall also include grantee channels, city channels, except as may be designated for special purposes by the administrative officer, public channels and additional channels at the option of the grantee, or as directed by the governing body.

CATV or community antenna television system means any facility which:

(1)

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 and AM and FM radio stations and distributes such signals by wire or cable to subscribing members of the public who pay for such services.

(2)

Distributes by cable or wire news, weather and other information including civil defense type information as required as an incidental part of CATV service to all subscribers without additional charge.

(3)

Distributes any and all other lawful communications of a specialized nature, other than telecommunications which is specifically excluded from this definition.

Provided, that CATV shall not mean or include any facility to which is transmitted any special television program or event for which a separate and distinct charge is made to the subscriber in a manner commonly known and referred to as pay television, except as may be permitted by the federal, state and/or local regulatory agencies.

Certificate of compliance means approval required by the FCC in order for a grantee of a CATV franchise to begin operation within the city.

Channel means a band of frequencies, six megahertz wide in the electromagnetic spectrum, which is capable of carrying either one audio-video television signal and a number of nonvideo signals or several thousand non-video signals.

City channels means channels on the CATV system which are reserved by this chapter for use by the city.

Commercial subscriber means a purchaser of any service delivered over the system who is not a residential subscriber.

FCC or Federal Communications Commission means that agency as presently constituted by the United States Congress, or any successor agency.

Grantee means the person to whom or to which a franchise is granted by the governing body under this chapter or anyone who succeeds the person in accordance with the provisions of the franchise.

Grantee channels means the channels on the system which are reserved by this chapter for the carriage of program material originated by a grantee and the retransmission of broadcast signals in accordance with the FCC's cablecasting rules and regulations.

Gross subscriber revenue means all revenue derived from the monthly charges from all subscribers.

Pay television means the delivery over the CATV system of video signals in intelligible form to residential subscribers for a fee or charge (over and above the charge for basic service) on a per program, per channel or other subscription basis.

Public channels means channels on the CATV system which are reserved for carriage of program material provided by persons who lease channel time and, if necessary, studio facilities, from a grantee for the presentation of programs.

Residential subscriber means a purchaser of any service delivered over the system to an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.

SEC means the Federal Securities and Exchange Commission.

Street means the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, or place, alley, court, boulevard, parkway, drive or other easement now or hereafter held by the city for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by the city which shall, within their proper use and meaning, entitle the city and its grantee to the use thereof for the purposes of installing or transmitting CATV system transmission over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a CATV system.

(Code 1976, § 8-1)

Cross reference

Definitions generally, § 1-2.