The following terms used in this franchise shall have the following
meanings:
AFFILIATED ENTITY
Any corporation, partnership or other business entity that
owns or controls, is owned or controlled by, or is under common ownership
or control with Blue Ridge.
BASIC SERVICE
The service tier that includes at least the retransmission
of local broadcast television signals and any educational and governmental
("EG") access channel.
CABLE ACT
Title VI of the Communications Act of 1934, as amended by
the Cable Communications Policy Act of 1984, the Cable Television
Consumer Protection and Competition Act of 1992 and the Telecommunications
Act of 1996, as it may, from time to time, be further amended.
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 SYSTEM
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 the Borough,
but such term does not include:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves subscribers without using any public
right-of-way;
C.
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act,
except that such facility shall be considered a cable system (other
than for purposes of Section 621 of the Cable Act) to the extent that
facility is used in the transmission of video programming directly
to subscribers unless the extent of that use is solely to provide
interactive on-demand services;
D.
An open video system that complies with Section 653 of the Cable
Act;
E.
Any facilities of any electric utility used solely for operating
its electric utility systems; or
F.
Any equipment or facilities used to transmit wireless video,
telecommunications, or broadband service.
CHANNEL
A portion of the electromagnetic frequency spectrum which
is used in a cable system and which is capable of delivering a television
channel as a television channel is defined by FCC regulation.
COMMUNICATIONS ACT
The federal Communications Act of 1934, as amended, and as
it may, from time to time, be further amended.
COMPLAINT
Any written (including e-mail directed to a specific department)
communication by a subscriber expressing dissatisfaction with any
aspect of Blue Ridge's business or the operation of its cable
system.
DROP
The coaxial or fiber optic or other cable that connects a
home or building to the cable system.
EMERGENCY
A condition that either:
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause the cable system in the public
rights-of-way to be unusable and result in loss of the services provided.
FCC
Federal Communications Commission.
FORCE MAJEURE
Acts of God; acts of public enemies, including terrorist
attacks; orders of any kind of the government of the United States
of America or the Commonwealth of Pennsylvania or any of their departments,
agencies, political subdivisions, or officials, or any civil or military
authority; insurrections; riots; labor strikes; epidemics; landslides;
lightning; earthquakes; fires; hurricanes; volcanic activity; storms;
floods; washouts; droughts; explosions; unavailability of materials
or equipment; and partial or entire failure of facilities.
FRANCHISE
The right granted by the Borough to construct, operate and
maintain a cable system within the corporate limits of the Borough
as embodied in the terms and conditions of this agreement.
FRANCHISE FEE
The fee that Blue Ridge remits to the Borough for the use of the Borough's public rights-of-way pursuant to Section 622 of the Cable Act, 47 U.S.C. § 542, and §
A204-6A of this agreement.
GROSS REVENUES
A.
All revenue received directly or indirectly by Blue Ridge or
its affiliated entities arising from, attributable to, or in any way
derived from the operation of Blue Ridge's cable system in the
Borough to provide cable services. Gross revenues shall include, but
are not limited to, the following:
(2)
Fees charged to subscribers for any service tier other than
basic service;
(3)
Fees charged for premium services;
(4)
Fees for all digital video tiers;
(5)
Fees for video-on-demand;
(6)
Fees charged to subscribers for any optional, per-channel or
per-program services;
(7)
Revenue from the provision of any other cable services;
(8)
Charges for installation, additional outlets, relocation, disconnection,
reconnection and change-in-service fees for video or audio programming;
(9)
Fees for changing any level of cable service programming;
(11)
Inside wire maintenance fees;
(12)
Service plan protection fees;
(15)
Fees for leased access channels;
(16)
Charges based on the sale or lease of any portion of the cable
system for cable service;
(17)
Rental or sales of any and all equipment, including converters
and remote control devices;
(18)
Any and all locally derived advertising revenues;
(19)
Revenues or commissions from locally derived home shopping channels;
(20)
Revenue from interactive television services;
(21)
Fees for any and all music services;
(22)
Broadcast retransmission fees;
(24)
Billing and collection fees;
B.
Notwithstanding the foregoing, nothing herein shall be interpreted
to enlarge the Borough's right to collect franchise fees beyond
the authority granted to the Borough by the Cable Act; and the Borough
acknowledges that revenues from advertising and home shopping channels
are received based on zip codes that do not conform to Borough boundaries.
For the purpose of calculating franchise fees, these revenues will
be prorated among franchise authorities based on the number of subscribers
within each.
C.
Gross revenues shall not include bad debts, investment income,
refunded deposits, or any taxes on services furnished by Blue Ridge
and imposed directly upon any subscriber or user by the Borough, state,
federal or other governmental unit ("gross revenue exclusions"). Gross
revenue exclusions will be determined according to generally accepted
accounting principles ("GAAP") as promulgated and defined by the Financial
Accounting Standards Board ("FASB").
HD
High-definition format.
LEASED ACCESS OR COMMERCIAL ACCESS CHANNEL
Any channel on Blue Ridge's cable system designated
for use by any entity that is unaffiliated with Blue Ridge pursuant
to Section 612 of the Cable Act, 47 U.S.C. § 532.
MULTIPLE-DWELLING UNITS or MDUs
Any building, buildings or area occupied by dwelling units,
appurtenances thereto, grounds and facilities, which dwelling units
are intended or designed to be owned, occupied or leased for occupation,
or actually occupied, as individual homes or residences for three
or more households.
NORMAL BUSINESS HOURS
Those hours during which most similar businesses in the community
are open to serve subscribers. In all cases, "normal business hours"
must include some evening hours at least one night per week and/or
some weekend hours.
NORMAL OPERATING CONDITIONS
Business conditions within Blue Ridge's service department
which are within the control of Blue Ridge. Those conditions that
are not within the control of Blue Ridge include, but are not limited
to, natural disasters, civil disturbances, power outages, telephone
network outages and severe or unusual weather conditions.
OUTLET
An interior receptacle that connects a television set to
the cable system.
PROGRAMMING
Any video or audio signal carried over the cable system as
part of a cable service and is generally considered comparable to
programming provided by a television broadcast station.
PUBLIC RIGHTS-OF-WAY
The surface and the area across, in, over, along, under and
upon the public streets, roads, lanes, avenues, alleys, sidewalks,
bridges, highways and other rights-of-way, as the same now or may
thereafter exist, which are under the jurisdiction or control of the
Borough.
SUBSCRIBER
A person or entity who contracts with Blue Ridge for, and
lawfully receives, the video signals and cable services distributed
by the cable system.