As used in this chapter, the following words shall have the meaning
ascribed thereto:
ADDITIONAL SERVICES
Any of the following:
A.
Such video services as the transmission of all leased access signals
not included in basic subscriber service, as well as the transmission of cablecast
video advertising messages and pay television signals.
B.
Such audio services as the retransmission of cablecast AM or FM signals
and the transmission of cablecast radio advertising messages, as permitted
by the FCC.
C.
Such digital services as the transmission of digital signals, including
but not limited to two-way signals, computer signals, signals associated with
fire and burglar alarm services, signals associated with home shopping, remote
medical diagnosis, utility equipment monitoring and similar services.
D.
Services not involving the transmission of signals, including rental
of equipment, training services and all other services which may be provided
by the franchisee to programmers or subscribers.
BASIC SERVICE
All subscriber services provided by the company in one or more service
tiers, including the delivery of broadcast signals, access channels and origination
channels, covered by a regular monthly charge paid by all subscribers to a
particular service tier, excluding optional services for which a separate
per-channel or per-program charge is made. Home security service, data retrieval
or other such auxiliary services shall not be considered part of basic service.
BROADCAST SIGNAL
A television or radio signal that is transmitted over the air and
is received by a cable television system off the air, by satellite, by microwave
or by direct connection to a broadcasting station.
CABLECAST SIGNAL
A signal that is transmitted by a cable television system, including
microwave links, and is not involved in a broadcast transmission path.
CABLE GROSS REVENUES or GROSS REVENUES
Any and all cash, credits, property or other consideration of any
kind or nature, and all of the amounts earned or accrued, arising from, attributable
to or in any way derived directly or indirectly by the franchisee, or an entity
in any way affiliated with the franchisee, in whatever form and from all sources
which are in connection with or attributable to the operation of the cable
television system within the franchisors' corporate boundaries or the franchisee's
provision of cable services within the franchisors' corporate boundaries.
[Amended 4-13-2000 by Ord.
No. 2-2000]
A.
Cable gross revenues shall include, without limitation, all subscriber
and customer fees and revenues earned or accrued net of bad debts, including
fees and revenues for basic cable services; additional tiers; premium cable
services; late charges; a pay per view; program guides; installation, disconnection,
reconnection, change in service or service call fees; fees for the provision,
sale, rental or lease of converters, remote controls, additional outlets and
other customer premises equipment; late fees and administrative fees; barter;
revenues from the sale or carriage of other cable-related services; fees paid
by subscribers; revenues from the use of leased access channels; advertising
revenues from the system; and revenues and compensation from home shopping
programming. Cable gross revenues shall not include the value of free services
not required by the franchise agreement; nor any taxes on services furnished
by the franchisee which are imposed directly on any subscriber or user by
the state, franchisors or other governmental unit and which are collected
by the franchisee on behalf of said governmental unit. A franchise fee is
not such a tax.
B.
Advertising revenues and other revenues whose sources cannot be identified
with a specific subscriber shall be allocated to franchisors based upon the
percentage of subscribers residing in the franchise area compared to that
served from the headend serving each franchisor.
C.
All amounts earned or accrued from internet service and/or other interactive
cable services shall be included in cable gross revenues.
CABLE TELEVISION SYSTEM
A cable television system, not exempted by appropriate federal, state
and local codes, or community antenna television system (CATV), means a system
of antennas, cables, wires, lines, towers, waveguides or other conductors,
converters, equipment or facilities designed and constructed for the purpose
of producing, receiving, transmitting, amplifying and distributing audio,
video and other forms of electronic or electrical signals, located in the
city. Said definition shall not include any such facility that serves or will
serve only subscribers in one or more multiple-unit dwellings under common
ownership, control or management which does not use the city's rights-of-way.
CHANNEL
A bank of frequencies, six megahertz wide, in the electromagnetic
spectrum capable of carrying either one audiovisual television signal and
a few nonvideo signals or a large number of nonvideo signals.
CITY
The City of Taneytown, Maryland, a Maryland municipal corporation,
and all the territory now or hereafter acquired or annexed within its territorial
corporate limits, as set forth in the Charter of the city.
CITY AGENCY
The person, department, committee or agency designated by the city
to act for it in certain matters relating to cable television or, if designated
by the Council, the Council itself.
CITY MANAGER
The City Manager of the City of Taneytown, Maryland.
COMMERCIAL SUBSCRIBER
A subscriber who receives a service in a place of business, where
the service may be utilized in connection with a business, trade or profession
or institution.
COMPANY
Any provider of a cable television system.
CONVERTER
An electronic device which converts signals to a frequency not susceptible
to interferences within the television receiver of a subscriber and, by an
appropriate channel selector, which also permits a subscriber to view all
signals delivered at designated dial locations.
COUNCIL
The Mayor and Council of the City of Taneytown, Maryland.
FCC
The Federal Communications Commission.
FRANCHISEE
Any provider of a cable communications system which receives a franchise
pursuant to this chapter.
LEASED ACCESS CHANNEL
Any channel available for lease, at fair and nondiscriminatory rates,
on a first-come, first-served basis, including those portions of the other
access channels not in use by their designated programmers.
MONITORING
Observing a communications signal, or the absence of a signal, where
the observer is neither the subscriber nor the programmer, whether the signal
is observed by visual or electronic means, for any purpose whatsoever, provided
that monitoring shall not include system-wide, nonindividually addressed sweeps
of the system for purposes of verifying system integrity, controlling return
path transmission or billing for pay services. Monitoring does not include
tapping as herein defined.
PAY TELEVISION
The delivery to subscribers, over the cable communications system,
of television signals for a fee or charge to subscribers over and above the
charge for basic subscriber service, on a per-program, per-channel or other
subscription basis.
PROGRAMMER
Any person, firm, corporation, institution or entity who or which
produces or otherwise provides program material for transmission by video,
digital or other signals, either live or from recorded tapes or films or by
other means, to a subscriber by means of the cable communications system.
PUBLIC ACCESS CHANNEL
Any channel where any member of the general public may be a programmer,
on a first-come, first-served, nondiscriminatory basis.
PUBLIC STREET
The surface of and the space above and below any public street, avenue,
highway, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway,
dock, bulkhead, wharf, pier, alley, right-of-way, public utility easement,
public utility and any other public ground or water subject to the jurisdiction
and control of the city.
RESIDENTIAL SUBSCRIBER
A subscriber who receives a service in an individual dwelling unit
where the service is not to be utilized in connection with a business, trade,
profession or institution.
SECURE CHANNEL
Any channel so arranged electronically as to be available only to
subscribers who possess specific decoding equipment in order to receive a
usable signal.
SERVICE AREA
The geographic area in which the franchisee provides CATV service.
SUBSCRIBER
Any person, firm, institution, corporation or other entity who or
which elects to receive, for any purpose, a service provided by the franchisee
by means of or in connection with the cable television system.
SUBSCRIBER SERVICE DROP
Each extension wiring from the franchisee's distribution lines to
a subscriber point of use.
TAPPING
Observing a two-communications signal exchange, whether the communications
signal exchange is observed by visual or electronic means, for any purpose
whatsoever, without the consent of all parties to the communication, subject,
however, to the authority provided pursuant to the Courts and Judicial Proceedings
Article, Title 10, Subtitle 4, of the Annotated Code of Maryland to intercept
communications.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
TOTAL GROSS RECEIPTS
Any and all compensation and other consideration collected or received
or in any manner gained or derived by a franchisee from the operation of its
CATV service within the service area of the city.
The franchisee shall not oppose intervention by the city in any suit
or proceeding to which the franchisee is a party.
[Amended 3-14-1994 by Ord.
No. 1-94]
A. Ordinance No. 113, adopted by the County Commissioners
of Carroll County, Maryland, on January 17, 1994, is hereby adopted as part
of the Code of Ordinances of the City of Taneytown, Maryland, by reference.
B. Ordinance No. 126, adopted by the County Commissioners
of Carroll County, Maryland, on November 29, 1994, is hereby adopted as part
of the Code of Ordinances of the City of Taneytown, Maryland, by reference.
[Added 4-10-1995 by Ord.
No. 8-95]
[Amended 4-13-2000 by Ord.
No. 2-2000]
A. During the term of any franchise granted pursuant to
this chapter, the franchisee shall pay to the city for the use of its streets
and public ways and other facilities, as well as the maintenance, improvement
and supervision thereof, an annual franchise fee as specified in the franchise
agreement.
B. Method of computation.
(1) Payments due the city under the terms of the franchise
shall be computed quarterly and paid within 30 days of the end of each quarter,
that is, within 30 days after December 31, March 31, June 30 and September
30, respectively. The city agency shall be furnished with a statement with
each payment, certified as correct by the franchisee, and an annual statement
for the entire year, prepared by a certified public accountant.
(2) All statements shall reflect the total amount of gross
subscriber revenues. Statements accompanying payments of the franchise fee
shall set forth a detailed computation of the payment. The city agency reserves
the right to reasonable inspection of the books, records, maps, plans and
other material of the franchisee.
C. Right of recomputation. No acceptance of any payment
shall be construed as a release or as an accord and satisfaction of any claims
the city may have for further or additional sums payable as a franchise fee
under the franchise agreement or for the performance of any other obligation
hereunder.
D. Failure to make required payment. Failure to pay any
fees required by this section shall be considered a material violation of
the franchise in accordance with the foregoing provisions of this chapter
and shall, at the option of the city, result in a suspension or termination
of the franchise granted, and reinstatement thereof may, at the option of
the city, be had upon payment of the delinquent fee or fees, plus any interest
and/or penalties as may be required by the city.
Until such time as the city establishes a separate city agency, the
city itself shall have the powers of the city agency but may designate all
or any part of them to the City Manager. The city agency, in addition to any
functions assigned to it elsewhere in this chapter, may have the following
functions. It may:
A. Advise the city on matters which might constitute grounds
for revocation of a franchise or other enforcement action in accordance with
this specification.
B. Resolve disagreements among the franchisee, subscribers
and public and private users of a system. Such decisions of the city agency
shall be appealable to the city in the event that the city does not designate
itself as the city agency.
C. Advise the city on the regulation of rates in accordance
with this chapter.
D. Coordinate the franchisee's services for best public
use of facilities and channels of the system.
E. Determine general policy relating to the service provided
subscribers and the operation and use of public channels, with a view to maximizing
the diversity of programs and services to subscribers. The use of public channels
shall be allocated on a first-come, first-served basis, subject to limitations
on monopolization of system time or prime times.
F. Encourage use of public channels among the widest range
of institutions, groups and individuals. This endeavor shall be conducted
with a view toward establishing different categories of uses.
G. Cooperate with other systems and coordinate interconnection
of systems.
H. Audit all franchisee records required by this chapter
and require the preparation and filing of information additional to that required
herein.
Citizen advisory committees may be established as the need arises.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
A. Recourse. The franchisee shall have no recourse whatsoever
against the city or its officers, officials, boards, commissions, agents or
employees for any loss, cost, expense or damage arising out of any provisions
or requirements of the franchise or because of its enforcement, except as
may be provided herein.
B. Arbitration. In the event that the city and franchisee
are unable to agree as to franchise amendments or any other matter that may
be made subject to arbitration by this chapter, then each party shall designate
an arbitrator, and these two arbitrators shall in turn select a third arbitrator.
The three arbitrators, by majority vote, shall have the power to determine
any matter made subject to arbitration by this chapter. If this method fails
or for any reason cannot be followed, then arbitration shall be conducted
in accordance with § 3-201 et seq. of the Courts and Judicial Proceedings
Article of the Annotated Code of Maryland.
C. Costs. Except where otherwise expressly stated herein,
all costs incurred by a franchisee in connection with any provision of this
chapter shall be borne by the franchisee.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
Tapping shall constitute a misdemeanor. Any person found guilty of tapping
is subject to punishment under the provisions of § 10-402 of the
Courts and Judicial Proceedings Article of the Annotated Code of Maryland,
when the act of tapping would be a violation of that article. When the tapping
does not constitute a violation of the Courts and Judicial Proceedings Article,
§ 10-401 et seq., any person who is found guilty of tapping shall
be punished by a fine of not more than $1,000 or by imprisonment of not more
than six months, or both.