This chapter may be known and cited as the "Multichannel Service Provider
Regulatory Ordinance for the City of Canandaigua, New York."
This chapter shall be construed in accordance with applicable federal
and state laws and rules governing multichannel service practices which specifically
include the operation and provision of a cable television system. Moreover,
with respect to the operation and provision of a cable television system,
this chapter shall be construed in accordance with any applicable rules and
regulations of the New York State Public Service Commission or any successor
agency or authority.
This chapter shall apply within the geographical limits of the City,
including any areas subsequently annexed by the City, unless state law prescribes
otherwise, or unless state law in some fashion restricts or alters the effect
of this chapter to a subsequently annexed area of the City.
If any word phrase, sentence, part, section, subsection, or other portion
of this chapter, or any application thereof to any person or circumstance,
is declared void, unconstitutional, or invalid for any reason, then such word,
phrase, sentence, part, section, subsection, or other portion, or the proscribed
application thereof, shall be severable, and the remaining provisions of this
chapter, and all applications thereof, not having been declared void, unconstitutional,
or invalid, shall remain in full force and effect.
For purposes of this chapter, and where not otherwise inconsistent with
the context of a particular section, the defined terms, phrases, words, abbreviations,
and their derivations shall have the meaning given in this section. When not
inconsistent with the context, words in the present tense include the future
tense, words used in the plural number include words in the singular number,
and words in the singular number include the plural number. The words "shall"
and "will" are always mandatory and not merely directive.
Those telephone calls that are connected to an MCS provider's general
information number, without being attended by a representative of the MCS
provider, or by a device capable of problem and/or inquiry resolution (e.g.,
placing a service request, placing a work order, directing calls to the appropriate
personnel, or the like).
The cessation of use by an MCS provider of any portion, component,
facility or equipment of its multichannel system in the City for a period
of greater than 60 consecutive days.
A government, education, or public channel which is carried on a
multichannel system, but which is not part of any institutional network. "Access
channel" also means a channel dedicated in whole or in part for programming
that is not originated, produced or controlled by an MCS provider unless the
MCS provider is delegated as the channel administrator or operator, including
but not limited to public, educational or governmental access programming
(i.e., "PEG" access) or leased access programming.
The nonprofit corporation or other entity which may be designated
by the City and operated for the purpose of coordinating the provision of
public, educational, and governmental access programming and providing other
services within a franchise area.
A channel engineered at the headend of the multichannel system for
the provision of services generally available to residential subscribers of
the multichannel system, regardless of whether such services actually are
provided, including any channel designated for governmental, educational,
or public use.
The individual designated by the City who will act as the technical
and administrative liaison or representative of the City and the subscribers
and the public in the City in matters dealing with customer or subscriber
service, repair and maintenance of the system, adequacy of signal quality,
system reliability, service areas, reception problems, compliance and performance
reviews, rate increase requests if applicable, and all other matters affecting
or concerning the administration of a franchise agreement or other agreement,
license or permit granted pursuant to this chapter.
Pursuant to this chapter, the MCS Administrator may be designated as
the point of contact for all matters relating to a franchise or other agreement,
license or permit, or a franchisee or other MCS provider, or the signatory
to such other agreement or the holder of such permit.
If designated, unless specifically directed otherwise by the City Council,
it shall at all times be presumed that the MCS Administrator is acting as
the City's designee and under the City's direction.
When used in relation to any person, means another person who owns
or controls, is owned or controlled by, or is under common ownership or control
with such person.
The means and document of authorization granted by the City to construct,
operate, maintain, repair, replace, upgrade and provide service over a multichannel
system as is permissible under law, together with the written proposals for
a franchise, other agreement, license or permit or other agreement, permit
or license, and any appendices thereto, to the extent expressly incorporated
therein, and all amendments or renewals thereof, including proposals for renewals.
All of these terms means the authority by which the multichannel service provider
is authorized and permitted to construct, operate, maintain, repair, replace,
upgrade and provide service over a multichannel system. The particular type
and scope of franchise, other agreement, license or permit, and any distinction
between an agreement or permit or license, may be dependent upon the scope
of authority the City has over a given type of operator or provider of multichannel
service as permitted by law.
The process whereby the MCS provider offers multichannel services
via the multichannel system in a format that allows the subscriber to select
and be charged for multichannel services on either a per channel, per program,
or per event basis. Menu-driven cable allows the subscriber to create his
or her own service tier(s) or cluster(s), and the opportunity to change the
composition of his or her tier(s) or cluster(s) on a periodic basis.
A charge used in place of a franchise fee or its functional equivalent
that is paid by an MCS provider. An alternative user charge shall not based
on an MCS provider's gross annual revenues (as is the case in a franchise
fee, or other agreement, license or permit fee), but shall be based on the
value of the City property that an MCS provider uses to construct, maintain,
and operate its multichannel system.
A person submitting an application or proposal to the City for a
license or franchise, other agreement, license or permit (where required to
operate a multichannel system under the terms and conditions set forth in
this chapter, and any state regulations.
Are synonymous for the purposes of this chapter. An "application"
or "proposal" means the process by which the applicant submits a request and
indicates a desire to be granted a license or franchise, other agreement,
license or permit (where required for all, or a part, of the City. An "application"
or "proposal" includes all written documentation, and verbal statements and
representations, in whatever form or forum, made by an applicant to the City
Council concerning the construction, rendering of services, maintenance, or
any other matter pertaining to the proposed multichannel system.
Any transfer of a franchise, other agreement, license or permit,
in whole or in part, whether by sale, assignment, lease or other form of alienation
or change in operational or managerial control.
Equipment supplied by the MCS provider (such as a converter, remote
control unit or device, digital tuner, or input selector switch), which is
used to enhance or assist in the reception or provision of multichannel service.
Any service tier which includes the retransmission of local television
broadcast signals and any public, educational and government access channels.
The term "basic cable television service" necessarily includes any service
tier or programming service required under the provisions of the Cable Television
Consumer Protection Act of 1992.
The Cable Communications Policy Act of 1984, as amended by the Cable
Television Consumer Protection Act of 1992 and the Telecommunications Act
of 1996, all of which are amendments to the Communications Act of 1934.
A portion of the electromagnetic or light frequency spectrum used
in a cable system which is capable of delivering a television channel (as
"television channel" is defined by the FCC by regulation).
Any person or group of persons who:
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, voice or data programming, and which is
provided to multiple subscribers within the City. However, such terms do not
include the following:
A facility that serves only to retransmit the television signals of
one or more broadcast stations; or
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 rights-of-way; or
A facility of a common carrier which is subject, in whole, or in part,
to the provisions of Title II of the Communications Act of 1934, except that
such facility shall be considered a cable system (other than for purposes
of Section 621C of the Cable Act codified at 47 U.S.C. § 541) to
the extent such facility is used in the transmission of video, voice, or data
programming or service directly to subscribers; or
Any facilities of any electric utility used solely for operating its
electric utility.
A band or group of frequencies in the electromagnetic spectrum, or
any other means of transmission (including, without limitation, optical fibers
or any other means now available or that may become available), which has
the technical ability to carry a video signal in the National Television Systems
Committee (NTSC) or similar format, or in any format devised or approved in
the future by the Federal Communications Commission ("FCC"), or an audio,
voice or data signal. All video channels shall include their vertical blanking
intervals, all other video components, all aural components including subcarriers,
and all close-captioning intended for reception by the hearing impaired and
others. Such shall be transmitted and provided to subscribers on the multichannel
system, unless the operator deletes them in accordance with FCC, copyright
and other applicable rules. Where appropriate and feasible, the MCS provider
may employ signal enhancing technologies, such as ghost- canceling or audio-leveling.
The franchisee or other MCS provider may delete signal enhancing technologies
from the broadcast signal, if instead the franchisee or other MCS provider
employs such enhancements at its system headend or hub. "Channel" shall also
mean discrete segments of bandwidth reserved for the provision of multichannel
service, including, but not limited to data transmissions and other communications
services, even if a different bandwidth is used than that used to provide
video programming.
A one-time or non-regularly-occurring cost paid by the subscriber,
and which is associated with the installation, maintenance, service, or repair
of the multichannel service.
The City of Canandaigua, New York.
The City Council for the City of Canandaigua, New York, which is
the legislative body for the City of Canandaigua, New York. For purposes of
clarification, the "City Council" or "City" is the franchising authority for
the City of Canandaigua, New York.
The City Manager of the City of Canandaigua, New York.
[1]A charge or fee imposed on a customer or subscriber by an MCS provider
for such provider's efforts at collecting, or attempting to collect, a past
due and/or delinquent account.
Shall have the same meaning in this chapter and any franchise agreement
or other agreement, license or permit as is defined and applied under the
United States' Uniform Commercial Code (UCC).
Any verbal or written claim of dissatisfaction with the multichannel
service, other communications services or operations of the franchisee or
other MCS provider that are permitted to be regulated under this chapter,
including, but not limited to matters of signal quality and billing, that
are made by a person to either the franchisee or other MCS provider or the
MCS Administrator, and which requests or requires corrective action by the
franchisee or other MCS provider to its multichannel services, other communications
services or operations over the multichannel system, or to any portion of
the system, or any necessary investigation subsequent to a service call, research
and/or additional service call or work activity, such as the delivery or replacement
of a remote control device, converter or other equipment, as may be undertaken
by a franchisee or other MCS provider, its employees or agents.
Any construction, reconstruction, rebuilding or upgrading of the system
means that in each instance:
Attachment strand has been put in place for aerially serviced areas
and all needed cable has been lashed to said strand; or
In areas service underground, that all cable has been placed correctly
in trenches, the trenches have been refilled, all road disturbed surfaces
have been restored and all landscaping restoration has been completed as required.
"Complete" or "Completion" further means:
That all amplifier housings and modules have been installed (including
modules for return path signals if bi-directional activation has been proposed
or committed to);
That primary and backup/standby power supplies have been installed and
operate properly;
That all bonding and grounding has been completed;
That construction or reconstruction of the headends or hubs has been
completed and all necessary processing equipment has been installed therein;
and
That any and all other construction or reconstruction necessary for
the multichannel system to deliver multichannel service to subscribers has
been completed, including the initial installation, or in a rebuild or upgrade
of the system, the replacement of drops to each and every subscriber unit
passed if such is needed or proposed, pursuant to the plans, specifications,
representations and commitments submitted to and approved or accepted by the
City.
Before connecting new or technologically upgraded service to any subscriber,
franchisee or other MCS provider shall conduct and complete proof of performance
tests on each new or technologically upgraded portion of the multichannel
system, and shall demonstrate to the City's satisfaction compliance with the
FCC's technical standards. multichannel services provided to segments of less
than the entire multichannel system will be activated when the proof of performance
is completed and never before. Any significant construction, reconstruction,
upgrade, or rebuild of any portion of the multichannel system will not be
considered complete until proof of performance tests have been conducted on
such segment (or in the case of the entire multichannel system, on all segments
of the multichannel system), in compliance with the signal quality requirements
of the FCC' s technical standards. Any performance characteristics of any
segment which are found not to comply with said technical standards must have
been corrected before construction is deemed complete.
The term "completion," in relation to the construction or reconstruction,
upgrade, or rebuild does not include marketing and installation of subscriber
service. Furthermore, construction, reconstruction, upgrade, or rebuild shall
not be deemed complete unless and until all customers or subscribers in any
portion or area being constructed, reconstructed, upgraded or rebuilt are
able to receive all multichannel services offered, whether or not individual
services or levels of service are subscribed to. Further, construction, reconstruction,
upgrade, or rebuild shall not be deemed complete until the wreck-out or removal
of the old segments of the multichannel system has been completed to the reasonable
satisfaction of the City.
See "subscriber."
Customer or subscriber service representative.
A subscriber or user of the services and/or facilities of the multichannel
system provided by an MCS provider.
Any partial loss, or visible degradation, of multichannel service
or other communications services (under normal operating conditions), including
the partial loss or degradation or disruption of picture, sound, voice, or
data on one or more channels, regardless of the duration of such degradation
or disruption. With respect to multichannel services Diminution of signal
may be detected by the presence of snow, lines, bars, ghosting or any other
objectionable and visually discernible disruption or interference, or other
manifestation not contained within the signal received by the MCS provider,
or prior to its introduction or entry into the system, which leads to or causes
the unusable, inconsistent, erratic, or unreliable provision of services.
As diminution of signals can occur even when the system is in compliance with
FCC technical standards, the subscriber shall be the determiner of whether
a diminution of signals is being experienced, so long as the manifestation
is visually discernible without magnification, other than eye glasses.
An imminent, impending, or actual natural or humanly induced situation
wherein the health, safety, or welfare of the residents of the City is threatened.
A disaster emergency (by illustration) may include a severe climatic or meteorological
storm of any kind, dam failure, flood, tornado, hazardous waste infiltration,
fire, petroleum, explosion, or aircraft crash.
A change in the level of a subscriber's multichannel service from
a more comprehensive level of multichannel service (in terms of services or
channels provided, to a less comprehensive level of multichannel service (in
terms of services or channels provided.
Any public easement or other compatible use created by dedication,
or by other means, to the City for public utility purposes or any other purpose
whatsoever, including cable television, or any multichannel service. "Easement"
shall also include a private easement used for the provision of cable service
or any other multichannel service.
The Federal Communications Commission and/or such other federal regulatory
agency as now or in the future may have jurisdiction to oversee MCS providers.
The rules and regulations adopted from time to time by the FCC, pursuant
to the Communications Act of 1934, as amended, or other applicable federal
law.
The technical standards of the Federal Communications Commission
(e.g., as set forth in Part 76, Subpart K [technical standards] of the FCC's
Rules, 76 CFR 76.601 et seq., as amended from time to time).
Very thin and pliable cylinders, or strands of glass or plastic,
or any future functional equivalent, used to carry wide bands of multiple
frequencies.
The initial authorization or subsequent renewal granted by the City
in order for a person to construct, operate, and/or maintain a franchised
MCS system in all, or part, of the City.
The separate contract by which the City grants an MCS provider the
right to operate a franchised multichannel system within all, or a part, of
the City, in accordance with the City's franchising authority. A franchise,
other agreement, license or permit may be, and can be expected to be, different
in scope and content from other permissible grants of authority, according
to applicable law.
A person that is awarded a franchise, other agreement, license or
permit by the City to construct or operate a franchised multichannel system,
within all, or part, of the City. The term "franchised MCS provider" specifically
includes the term "cable operator," but is not limited to such.
Any multichannel service provider that has been granted a valid franchise
agreement, or other agreement, license or permit by the City, and that is
subject to local regulatory authority as set forth in this chapter, in whole
or in part, as represented by any section or combination of sections of this
chapter.
The date of expiration, or the end of the term of a franchised MCS
provider's franchise, other agreement, license or permit.
The amount charged a multichannel system provider by the City for
the cost of administering and enforcing the franchise, other agreement, license
or permit, and for the maintenance of the public property and rights-of-way
occupied by the multichannel system, on a reasonably pro rata basis with respect
to the percentage of space used by all other coextensive occupants or providers
of utility or utility-like services that occupy the public property and rights-of-way.
City Council for the City of Canandaigua, New York.
With respect to a specifically named piece of multichannel system equipment,
means another piece of multichannel system equipment that has either
The same or substantially similar characteristics, qualities, operational
capabilities, design functions as the original, specifically named or referenced
piece of multichannel system equipment; or
Operates in substantially the same form and fashion as the original,
specifically named or referenced piece of multichannel equipment; or
Operates in a technologically superior manner to the original, specifically
named or referenced piece of multichannel equipment.
With respect to matters not involving equipment, the term also means
something that equates to or is intended to effect the same or a substantially
similar outcome or function in effectively the same manner or for the same
purpose.
Any period of time, any and all revenues or other valuable consideration
of any kind whatsoever, which are derived directly or indirectly from the
operation of the multichannel system within the City, and that are attributable
to, or are occasioned by, the grant of the franchise, other agreement, license
or permit, regardless of the familial or organizational relationship with
the franchisee, licensee or permittee. There shall be permitted to be deducted
from gross revenues:
Bad debts actually written off by franchisee or other MCS provider in
the normal course of its business, provided, however, that subsequent recovery
of bad debts previously deducted shall be included in gross revenue; and
Refunds made to subscribers or other third parties.
Gross revenues shall not include:
Any revenue specifically exempted by the federal Cable Act, state law,
or by federal or state judicial ruling, or by specific FCC ruling. For any
revenue the MCS provider seeks to exempt, the MCS provider shall have the
burden of proving to the City that any such excluded revenue is specifically
exempted by the Cable Act, state law, federal or state judicial ruling, or
by specific FCC ruling. Including, but not limited to the above, gross revenues
shall not include the following:
Any tax of general applicability imposed upon a franchisee or other
MCS provider or upon the franchisee's or other MCS provider's subscribers
by state, federal or any other governmental entity and required to be collected
by the franchisee or other MCS provider and passed through to the taxing entity
(including, but not limited to, user taxes, service taxes and communications
taxes), provided such taxes are identified as a separate line item on subscriber
statements;
Any revenue received by the franchisee or other MCS provider from any
person for services not attributable in whole or in part to the operation
of its multichannel system or to other communications services serving the
City, including but not limited to revenue derived from electronics retailing,
mail marketing or telephone answering services which do not rely upon the
use of the franchisee's or other MCS provider's multichannel system or other
communications services, delivery services and video production services for
programming or other communications services which are not transmitted over
or used in conjunction with the system; and
Any revenue which franchisee or other MCS provider chooses not to receive
in exchange for its provision of free or reduced cost multichannel services
or other communications services to any person. However, such revenue which
is not included due to franchisee's or other MCS provider's decision not to
receive in exchange for trades, barters, services or other items of value
shall be included in gross revenues.
In computing gross revenues from sources other than subscriber revenue
of a franchisee or other MCS provider, and that is attributable to the grant
of a franchise, other agreement, license or permit, license or permit, or
the operation of franchisee's or other MCS provider's multichannel system
both inside the City and outside the City, the total or aggregate revenue
received by a franchisee or other MCS provider from such sources shall be
computed as follows:
Said revenues shall be multiplied by a fraction, the numerator of which
shall be the number of franchisee's or other MCS provider's subscribers in
the City as of the last day of the required payment period and the denominator
of which shall be the number of subscribers within all areas served by a franchisee's
or other MCS provider's system as of the last day of the required payment
period. The result shall then be multiplied by the percentage used to compute
franchise, other agreement, license or permit fees. For purposes of example
only, the following are types and sources of nonsubscriber revenue intended
to be included in gross revenue.
The electronic control center, where incoming signals, including
those of television broadcast stations are amplified, modulated, filtered,
converted, or in any way processed or converted for redistribution to subscribers.
When used in a noneconomic or nonfinancial or noncommercial context,
shall have the meaning ascribed in the most current edition of Webster's Encyclopedic
Unabridged Dictionary of the English Language.
With respect to a particular portion, part or segment of the multichannel
system, or group of segments or the entire multichannel system, that all proposed
multichannel services and multichannel system capabilities, as stated in a
franchise agreement or other agreement, license or permit, or in any proposal
that is by reference included in any a franchise agreement or other agreement,
license or permit, are available, and that the construction, reconstruction
or upgrade has been completed (see definition of "complete") and the completed
segment or segments in question, or the entire system, is capable of actually
delivering multichannel services to each and every subscriber in every segment,
pursuant to the plans and specifications as may have been approved by the
City.
That charge or fee imposed on a subscriber for the initial installation
or reconnection of service, or relocation of equipment necessary to obtain
or use multichannel services or other communication services.
That interconnected combination of networks that evolved from the
original ARPANET experiment and the National Science Foundation subsidized
Internet.
[2]The availability of access to a subscriber of the Internet.
A charge which is added to a customer or subscriber's account or
bill for nonpayment of a previously due and currently delinquent account.
The channel capacity a franchisee or other MCS provider is required
by federal law to designate for use by commercial endeavors or purposes and
that are not affiliated with the franchisee or other MCS provider, pursuant
to Section 612 of the Communications Act of 1934, as amended.
An extension of the multichannel system beyond the original primary
service area of the system requiring additional trunk or feeder cable, or
both, or additional fiber optic distribution cable, or additional active electronic
devices to amplify the signal, or an additional fiber node, but does not include
individual service drops beyond 200 feet that may require additional feeder
cable.
Programming produced locally by or for a franchisee or other MCS
provider.
The complete loss of picture and sound on either the lowest tier
of service, or on all tiers or levels of service, that is attributable to
or occasioned by problems with the operation of the system or any components
of the system. Further, more than one instance of a loss of service from the
same portion of the system, or affecting the same address or addresses, within
the City that occurs within a twenty-four-consecutive-hour period shall be
deemed a single, continuous loss of service. The time use to measure the duration
of the loss of service shall be from the time of the first reported loss of
service to the restoration of the last reported loss of service.
The City Manager of the City of Canandaigua, New York.
multichannel service.
Any person or group of persons:
Who provides multichannel service or other communications over a multichannel
system, regardless of the technology employed and, subject to federal and
state preemption or limitation, directly or indirectly owns a significant
interest in such multichannel system; or
Who otherwise controls or is responsible for, through any arrangement,
the management and operation of such a multichannel system.
The term "MCS provider" or "multichannel service provider" specifically
includes the terms "cable operator," and "SMATV operator," and any other provider
of a similar multichannel service that under federal law is subject to this
chapter in whole or in part.
The one-way transmission to subscribers of video programming, or other
programming service, irrespective of the technology employed and subject to
federal and state preemption or limitation; and
Subscriber interaction, if any, used in or for the selection of such
video programming or other programming service.
Any person who provides multichannel services or other communication
services using a multichannel system.
The transmission of video programming and other programming or data
transmission services, interactive services and other broadband information
services to and/or from subscribers and that is generally made available to
subscribers, together with subscriber interaction functions which may be necessary
for the selection of programming or transmission of information. However,
"multichannel services" shall not include "other communications services"
as defined in this section.
A facility consisting of closed, bi-directionally capable transmission
paths and associated signal reception, generation, distribution, and control
equipment, that is designed and intended to provide multichannel services
and other communications services to subscribers within the City; or
A facility consisting of infrared transmission or point-to-point transmission
(as permitted by law); or
Any functional equivalent system, along with all equipment, facilities
and components used in the reception, generation or distribution of service,
that is designed to provide multichannel service which includes video, voice,
or data programming to multiple subscribers within the City.
However, such term does not include the following:
A facility that serves only to retransmit the television signals of
one or more broadcast stations; or
A facility that serves only subscribers in one or more multiunit dwellings
under common ownership, control, or management unless such facility or facilities
uses any public rights-of-way; or
A facility of a common carrier which is subject, in whole, or in part,
to the provision of Title II of the Communication Act of 1934 except that
such facility shall be considered a multichannel system [other than for purposes
of Section 621(c) of the Cable Act, codified at 47 U.S.C. § 541]
to the extent such facility is used in the transmission of video, voice, or
data programming or service directly to subscribers; or
Any facilities of any electric utility used solely for operating its
electric utility.
However, such facility shall be deemed a multichannel system to the
extent that it
Those conditions which are reasonably within the control of the MCS
provider with respect to the operation and maintenance of the system and the
provision of service using the system. Those conditions which are not within
the control of the MCS provider include, but are not limited to, strikes,
labor strikes, sabotage, riots or civil disturbances of a disastrous nature
and effect, explosions, acts of public enemies, unusually severe or catastrophic
weather conditions, natural disasters as declared by appropriate government
officials, fires, and widespread commercial power failures that exceed the
capabilities of the backup power supplies of the system, or communication
facilities failures used in the receipt of programming.
Those conditions which are deemed within the control of the MCS Provide
include, but are not limited to, financial situations other than the declaration
of bankruptcy or insolvency, marketing promotions, loss of standby power up
to the period of time for which the manufacturer has rated the standby power
unit to operate, rate increases, regular or periodic periods of high demand
with respect to labor intensive functions, the regular inspection and maintenance
of the system, required testing of the system, the timely remedy of safety
and other code violations, and the timeliness and technological design with
respect to any upgrade of the system.[3]
Those services provided by the franchisee or other MCS provider,
but that do not involve the transmission to subscribers of video programming
or other multichannel services. Other communications services include, but
are not be limited to, telephony and voice services.
Information that an MCS provider (specifically including a cable
operator) makes available to all subscribers generally.
The delivery over the multichannel system of audio and/or video signals
for a rate or amount (over and above the rate for basic service) on a per-event,
or per-program, or per-channel basis.
Public, educational, and governmental.
Any individual, corporation, estate, trust, partnership, association
of two or more persons having a joint common interest, joint stock company,
or governmental entity.
All the tangible or intangible property owned, installed, rented,
leased or used by a franchisee or other MCS provider in the conduct of providing
multichannel service and utilized in the operation of the system in the City.
A written proposal or request by an MCS provider to provide multichannel
services to residents, businesses, industries, and institutions within the
City. Notwithstanding the foregoing, nonwritten or verbal representations
or commitments made to the City Council or its designee in relation to or
in support of a written proposal, shall be deemed a part of the proposal and
may be relied upon as though they were written.
The Public Service Commission of the State of New York.
The periodic price paid by a subscriber for the receipt of any multichannel
service provided for by an MCS provider.
The compensation paid by a multichannel service provider to the City
for the occupation and use of the public property and rights-of-way used to
provide service within the City.
An official act by the City Council that removes, repeals, or rescinds
previously approved authorization for a licensed, permitted or franchised
MCS provider to operate a multichannel system within the City.
Any planned service interruption or diminution of signals, regardless
of the number of channels affected or the duration of the outage, for which
both the City and subscribers have been notified at least 48 hours in advance
and that do not exceed four hours duration for any given address.
The loss of any tier or incremental billing level of multichannel
service, or separately priced service, such as those offered on a per-channel
basis, or any other multichannel or other communications service that is delivered
or provided by, or attributable to or occasioned by, the operation of the
multichannel system or any components of the system. Further, more than one
service interruption that occurs within a twenty-four-consecutive-hour period
shall be deemed a single, continuous loss of multichannel service or other
communications service. Failure to meet FCC technical standards at any location
within the City shall be deemed a service interruption during the period of
time when the multichannel service or any other communications service does
not comply with FCC' s technical standards. A scheduled outage is not a service
interruption, provided that it does not exceed four hours duration. Two or
more occurrences of a diminution of signals within any twenty-four-consecutive-hour
period shall constitute a single, continuous service interruption. A scheduled
diminution, provided there is 48 hours' advance notification to the City and
subscribers, is not a service interruption.
For purposes of required responses under this chapter, the loss of
audio and video on the basic or lowest level, tier or increment of service
on the multichannel system. For purposes of credits or refunds as may be required
under this chapter or any franchise, other agreement, license or permit, a
"service outage" means the loss of picture or sound or other service provided
by an MCS on provider for which there is an individual or separate rate or
charge, so as to make that level, tier or cluster of service effectively unusable
in the normal and usual sense of being able to enjoy or otherwise use the
service or services, and which is not caused by the failure or malfunction
of a subscriber's television receiver or monitor, or by the misfeasance or
malfeasance of the subscriber.
A category of multichannel service or other programming service provided
by an MCS provider, and for which a separate rate is charged by an MCS provider.
Satellite master antenna television.
Any person or group of persons who:
A private multichannel system not crossing any public rights-of-way
and which is located on private property, and serving private dwellings.
The State of New York.
The surface of, and the space above and below, a public street (or
any path or thoroughfare designated for vehicular and/or pedestrian traffic,
or other easement now or hereafter held by the City (including any street,
as defined by eminent domain) for the purpose of public travel.
A person lawfully receiving multichannel service or other communications
service delivered by an MCS provider on a multichannel service system.
United States Code.
A person or organization utilizing a multichannel system and/or its
equipment or capabilities for purposes of production and/or transmission of
material, as contrasted with receipt thereof in the capacity of a subscriber.
For purposes of an example, one type of "user" would be an advertiser or marketer.
Programming provided by, or generally considered comparable to programming
provided by, a television broadcast station
In the context of and with respect to any construction, rebuild,
upgrade, modification or maintenance activity of a multichannel system, the
removal of the old cable, wires, parts and components of any portion of the
system not currently and actively used in the provision of service.
