As used in this chapter, the following terms shall have the meanings
indicated:
ACT
The Communications Act of 1934.
AFFILIATE
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.
BOARD
The governing body of Mathews County, Virginia.
CABLE OPERATOR
(1)
Any person or group of persons that:
(a)
Provides cable service over a cable system and directly or through
one or more affiliates owns a significant interest in such cable system;
or
(b)
Otherwise controls or is responsible for, through any arrangement,
the management and operation of a cable system.
(2)
"Cable operator" does not include a provider of wireless or
direct-to-home satellite transmission service.
CABLE SERVICE
The one-way transmission to subscribers of video programming
or other programming service, and subscriber interaction, if any,
which is required for the selection or use of such video programming
or other programming service. "Cable service" does not include any
video programming provided by a commercial mobile service provider
defined in 47 U.S.C. § 332(d).
CABLE SYSTEM or CABLE TELEVISION SYSTEM
Any facility consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable service that includes video programming
and that is provided to multiple subscribers within a community, except
that such definition shall not include:
(1)
A system that serves fewer than 20 subscribers;
(2)
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
(3)
A facility that serves only subscribers without using any public
rights-of-way;
(4)
A facility of a common carrier that is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, 47 U.S.C. § 201 et seq., except that such facility
shall be considered a cable system to the extent such facility is
used in the transmission of video programming directly to subscribers,
unless the extent of such use is solely to provide interactive on-demand
services;
(5)
Any facilities of any electric utility used solely for operating
its electric systems;
(6)
Any portion of a system that serves fewer than 50 subscribers
in the County, where such portion is a part of a larger system franchised
in an adjacent county; or
(7)
An open video system that complies with § 653 of Title
VI of the Communications Act of 1934, as amended, 47 U.S.C. § 573.
FRANCHISE
An initial authorization, or renewal thereof, issued by a
franchising authority, including the County or the Commonwealth Transportation
Board, whether such authorization is designated as a franchise, permit,
license, resolution, contract, certificate, agreement, or otherwise,
that authorizes the construction or operation of a cable system, a
telecommunications system, or other facility in the public rights-of-way.
A negotiated cable franchise is granted by a County after negotiation
with an applicant pursuant to Code of Virginia, § 15.2-2108.20.
An ordinance cable franchise is granted by the County when an applicant
provides notice pursuant to Code of Virginia, § 15.2-2108.21
that it will provide cable service in the County.
FRANCHISEE
A person that has been granted a cable television franchise
by the County pursuant to this chapter or any predecessor ordinance
or franchise agreement.
INTERACTIVE ON-DEMAND SERVICES
A service providing video programming to subscribers over
switched networks on an on-demand, point-to-point basis, but does
not include services providing video programming prescheduled by the
programming provider.
PERSON
An individual, partnership, association, joint-stock company,
organization, corporation, or any other legal entity, but such term
does not include the County.
PUBLIC RIGHTS-OF-WAY
The surface, the air space above the surface, and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway,
casement, or similar property in which the County or the Commonwealth
of Virginia now or hereafter holds any property interest, which, consistent
with the purposes for which it was dedicated, may be used for the
purpose of installing and maintaining cable facilities. No reference
herein, or in any franchise, to public rights-of-way shall be deemed
to be a representation or guarantee by the County that its interest
or other right to control the use of such property is sufficient to
permit its use for such purposes, and a franchisee shall be deemed
to gain only those rights to use as are properly in the County and
as the County may have the undisputed right and power to give.
TRANSFER
Any transaction in which:
(1)
An ownership or other interest in the cable operator is transferred,
directly or indirectly, from one person or group of persons to another
person or group of persons, so that majority control of the cable
operator is transferred; or
(2)
The rights and obligations held by the cable operator under
the cable franchise granted under this chapter are transferred or
assigned to another person or group of persons. However, notwithstanding
clauses (1) and (2) of the preceding sentence, a transfer of the cable
franchise shall not include:
(a)
Transfer of an ownership or other interest in the cable operator
to the parent of the cable operator or to another affiliate of the
cable operator;
(b)
Transfer of an interest in the cable franchise granted under
this chapter or the rights held by the cable operator under the cable
franchise granted under this chapter to the parent of the cable operator
or to another affiliate of the cable operator;
(c)
Any action that is the result of a merger of the parent of the
cable operator;
(d)
Any action that is the result of a merger of another affiliate
of the cable operator; or
(e)
A transfer in trust, by mortgage, or by assignment of any rights,
title, or interest of the cable operator in the cable franchise or
the system used to provide cable in order to secure indebtedness.
VDOT
The Virginia Department of Transportation.
VIDEO PROGRAMMING
Programming provided by, or generally considered comparable
to, programming provided by a television broadcast station.