For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section:
(a) “Cable communications 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 retransmit the television signals of one or more television broadcast stations; (2) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Communications Policy Act of 1984 (the “Act”), except that such facility shall be considered a cable communications system (other than for purposes of Section 621(c) of the 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.
(b) “Channel” means a portion of the electromagnetic frequency spectrum which is used in a cable communications system and which is capable of delivering a television channel (as television channel is defined by the commission by regulation).
(c) “Downstream channel” means a channel through which an electronic or other signal, originated or converted at the headend or subheadends, may be transmitted to and received at the location of the subscriber's receiver.
(d) “Franchise” means and includes any authorization granted under this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable communications system within all or a specified area in the city. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of the city.
(e) “Franchise ordinance” means the ordinance or resolution whereby a franchise is granted under the provisions hereof and all modifications, amendments, renewals and extensions thereof.
(f) “Grantee” means the person, firm or corporation granted a franchise by the city under this chapter, and the lawful successor, transferee or assignee of such person, firm or corporation.
(g) “Gross revenue” means any and all compensation and other consideration collected or received or in any manner gained or derived by grantee from the operation of its cable communications system in the city. Total gross revenues shall not include: (1) revenues received as a direct reimbursement of grantee's expense in the operation of any access channels; (2) revenues received for advertising on grantee's local origination channel, to the extent of grantee's direct costs in operation of grantee's local origination channel; and (3) nonoperating revenues such as interest income or gain from sale of an asset. Additionally, the following amounts shall be deducted from compensation when computing gross revenues: (1) copyright or license fees for programming distribution rights; (2) uncollectible amounts; (3) refunds or rebates made by grantee; and (4) sales, ad valorem, or other types of “add on” taxes, levies or fees calculated by gross receipts or gross revenues which grantee might have to pay or collect for federal, state or local government (exclusive of franchise fees provided for herein).
(h) “Person” means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.
(i) “Property of grantee” means all property owned, installed or used within the city by grantee in the conduct of a cable television system business under the authority of a franchise granted pursuant to this chapter.
(j) “Special service area” means an area(s) of the city designated by the city, if it so elects, in the franchise ordinance, where grantee may charge different rates, or provide different service(s), than in the remainder of the city.
(k) “Street” means the surface, the air space above the surface and the area below the surface of any public street, other public right-of-way or public place, including public utility easements.
(l) “Subscriber” means any person or entity receiving for any purpose any service of grantee's cable communications system including, but not limited to, the conventional cable communications system service or retransmission of television broadcast, radio signals, grantee's original cablecasting, and the local government, education and public access channels; and other services, such as leasing of channels, data and facsimile transmission, pay television, and police, fire and similar public service communication.
(m) “Two-way capability” means the ability to receive and transmit signals of any type from a subscriber point to any other point in a system, whether or not such point is the property of grantee.
(n) “Upstream channel” means a channel through which an electronic or other signal emanating from a subscriber's location or the location of any other entity except a transmitting facility of grantee is transmitted via the cable communications system to the system headend or other appropriate point. (Ord. No. 1097, § 1 (part).)