For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein.
CABLE OPERATOR
Any person who has obtained a cable television franchise from the
city to provide cable service over a cable system, as defined under state
and federal law.
CABLE SERVICE
Has the same meaning as provided in the FCC's Cable Television
Rules, 47 C.F.R. § 76.5(ff).
CITY
The City of Rice Lake and any agency, department or agent thereof.
FCC
The Federal Communications Commission, its designee and any legally
appointed or elected successor.
GROSS REVENUES
All gross revenues received by an open video system (OVS) operator
or its affiliates, including all revenues received from subscribers and all
carriage revenues received from unaffiliated video programming providers.
In addition, gross revenues includes any advertising revenues received by
an OVS operator or its affiliates in connection with the provision of video
programming, where such revenues are included in the calculation of the cable
operator's cable franchise fee. Gross revenues does not include revenues
collected by unaffiliated video programming providers, such as subscriber
or advertising revenues. Any gross revenues fee that the OVS operator or its
affiliate collects from subscribers or video programming providers shall be
excluded from gross revenues.
OPEN VIDEO SYSTEM or OVS
A facility consisting of a set of 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, provided that the FCC has certified that such
system complies with 47 C.F.R. Part 76, Subpart S.
OVS OPERATOR
Any person or group of persons who provides cable service over an
open video system and directly or through one or more affiliates owns a significant
interest in such open video system or otherwise controls or is responsible
for the management and operation of such an open video system.
An OVS operator shall be subject to all requirements of state and local
law regarding authorization to use or occupy the public rights-of-way, except
to the extent specifically prohibited by federal law. FCC approval of an OVS
operator's certification pursuant to 47 U.S.C. § 573 shall
not be taken to confer upon such operator any authority to use or occupy the
public rights-of-way that such operator would not otherwise possess.