As used in this ordinance, the following terms shall
have the meanings indicated:
ACCESS CHANNEL OR PEG ACCESS CHANNEL
Any video channel made available by the grantee, in accordance with
the terms and conditions of this franchise agreement, and the provisions of
the Cable Act, as amended, for the purpose of transmitting noncommercial,
locally produced programming by the public, by educational institutions and
organizations and by governmental agencies.
ACCESS OR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS, COMMONLY CALLED
PEG ACCESS
The right or ability of any person or resident of the borough or
any person affiliated with any institution, organization or governmental agency
within the borough to use designated facilities of the system, which are made
available by the grantee on an intercommunity basis, subject to terms and
conditions established for such use, to produce local programming of interest
to the community, either in the capacity as a private citizen or on behalf
of any affiliated organization, educational or governmental institution or
entity within the borough.
ANCILLARY SERVICE
Any text, data-encoded, analog, digital or any other service which
can be legally offered on the system by the grantee directly or as a carrier
for its subsidiaries, affiliates or any other person engaged in communications
services, including, by way of example, but not limited to home and business
protection systems, data or other electronic intelligence transmission, facsimile
reproduction, meter reading, home shopping, advertising and other interactive
services.
BASIC SERVICE
Any level of service which includes the retransmission of local television
broadcast signals, as defined by the Cable Act, as amended, and according
to the rules of the Federal Communications Commission (FCC), and also including
any PEG access channels.
BOROUGH
The Borough of Trafford, in the County of Westmoreland, and incorporated
under the laws of the Commonwealth of Pennsylvania.
CABLE ACT
The Cable Communications Policy Act of 1984, Public Law 98-549 (an
amendment to the Communications Act of 1934), as amended by the Cable Consumer
Protection and Competition Act of 1992, Public Law 102-385.
COUNCIL
The elected governing body of the Borough of Trafford, known generally
as the "Borough Council."
FORCE MAJEURE
A strike, acts of God, acts of public enemies, orders of any kind
of the government of the United States of America or any of its departments
or agencies; riots, epidemics, landslides, lightning, earthquakes, fires,
hurricanes, tornadoes, volcanic activity, storms, floods, washouts, droughts;
civil disturbances, explosions, partial or entire failure of utilities or
any other cause or event not reasonably within the control of the grantee.
GRANTEE
Refers to Shows, Inc., doing business as American Cablevision, a
subsidiary of American Television and Communications Corporation, a wholly
owned subsidiary of Time Warner, Inc., organized under the laws of the Commonwealth
of Pennsylvania, its lawful successors, transferees or assigns.
PERSON
Any person, firm, single proprietorship, partnership, association,
corporation, company or organization of any kind.
PUBLIC WAY
The surface of and the space above and below any public street, highway,
freeway, bridge, land, path, alley, court, boulevard, sidewalk, parkway, way,
lane, drive, circle or other public right-of-way, including but not limited
to public utility easements which are dedicated for compatible uses, as that
term is interpreted in the Cable Act, as amended, and any temporary or permanent
fixtures or improvements located thereon now or hereafter held by the borough
in the franchise area, which shall entitle the grantee to the use thereof
for the purpose of installing, operating, repairing and maintaining the system.
"Public way" shall also mean any easement now or hereafter held by the borough
within the franchise area for the purpose of public travel or for utility
or public service use which is dedicated for compatible uses, as that term
is interpreted in the Cable Act, as amended, and shall include other easements
and rights-of-way as shall within their proper use and meaning entitle the
grantee the use thereof for the purpose of installing or transmitting the
grantee's services over poles, wires, cables, fibers, conductors, ducts,
conduits, vaults, manholes, amplifiers, appliances, attachments and other
property, equipment and conveyances as may be ordinarily necessary and pertinent
from time to time to the system.
SUBSCRIBER
Any person who purchases and receives any service delivered over
the system, and includes those persons who are not required to pay any fee
because of their exemption from such fees through this franchise agreement
or through agreements with the grantee.
SYSTEM
A closed circuit telecommunications network composed of, without
limitation, antennas, cables, wires, fibers, lines, towers and any other conductors,
converters, electrical equipment, hardware and facilities designed, constructed
or wired for the purpose of producing, receiving, retransmitting, amplifying
and distributing by coaxial cable or by any other means audio, video, radio,
television, text, data-encoded, digital, analog or any other forms of electric
or electrical signals to and from persons and subscribers in the franchise
area, as hereinafter set forth, and to and from locations in the franchise
area. Such term shall include and conform to the definition of a cable system
established by the Cable Act, as amended.
TOTAL LOCAL GROSS REVENUES
(1)
Compensation, as defined herein, and other consideration in any form,
paid by anyone and received by the grantee arising from the sale or lease
by the grantee of the system's services and received or derived from
the operations within the borough, and shall be considered in computing any
franchise fee pursuant to this ordinance. Said compensation shall include:
(a)
Revenues received for basic, standard, a la carte, premium (pay) and
pay-per-view services;
(b)
Revenues received from the rental of converters, remote control devices
and/or any other devices made available to subscribers for a fee of any kind;
and
(c)
Revenues received from leased access, if any.
(2)
"Total local gross revenues" shall not, however, include:
(a)
All revenues which remain uncollected at the close of the annual term
(bad debt);
(b)
State or local sales taxes or other such taxes or fees which are imposed
by a governmental agency and collected by the grantee for such agency;
(c)
Any franchise fees or similar assessments; and
(d)
Revenues received for ancillary services.
USER
A person or organization utilizing a system channel for purposes
of production and/or transmission of material, as contrasted with receipt
thereof by a subscriber.