For the purpose of this chapter, the following
terms shall have the meaning given herein:
All subscriber services provided by the grantee in one or
more service tiers, including the delivery of local broadcast signals,
public, education and government access channels, and local origination
channels, covered by the regular monthly charge paid by all subscribers
to a particular service tier, including subscriber terminal charges
and related deposits.
A nonbroadcast signal that originates within the facilities
of the cable communications system.
A system of antennas, cables, amplifiers, towers, microwave
links, cablecasting studios, and any other conductors, converters,
equipment or facilities designed and constructed for the purpose of
distributing video programming to home subscribers and/or producing,
receiving, amplifying, storing, processing, or distributing audio,
video, digital or other forms of electronic or electrical signals
sold or distributed to subscribers. Such definition shall not include
any similar facility that serves only the residents of one or more
apartment or multifamily dwellings or condominiums under common ownership,
control or management, nor other closed circuit systems for industrial,
commercial, or similar use to which the general public may not subscribe,
so long as the public streets or rights-of-way are not utilized in
the provision of such service or interconnection of such facilities.
A six-megahertz (MHz) frequency band which is capable of
carrying either one standard video signal, a number of audio, digital
or other nonvideo signals or some combination of such signals. One
channel of high-definition television will utilize more than six MHz.
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.
The Cable Communications Policy Act of 1984[1] as it may be amended or succeeded.
An electronic device which converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber, and any channel selector which permits a subscriber
to view all signals delivered at designated converter dial locations
at the set or by remote control.
A coaxial connection from feeder cable to the subscriber/user
television set, radio or other terminal.
Any channel designated for educational access use.
The price that a willing buyer would pay to a willing seller
for a going concern based on the system valuation prevailing in the
industry at the time.
The Federal Communications Commission and any legally appointed
successor.
The nonexclusive rights granted pursuant to this chapter
to construct, operate and maintain a cable communications system along
the public ways within all or a specified area in the County. Any
such authorization, in whatever form granted, shall not mean or include
any license or permit required for the privilege of transacting and
carrying on a business within the County as required by other ordinances
of the County.
The entire County, or portions thereof, for which a franchise
is granted under the authority of this chapter. If not otherwise stated
in the franchise, the franchise area shall be the nonincorporated
corporate limits of the County, including all territory thereafter
annexed to the County.
The percentage, as specified by the County, of the franchisee's
recurring monthly subscriber revenues in exchange for the rights granted
pursuant to this chapter and the franchise agreement.
The natural person(s), partnership(s), domestic and foreign
corporation(s), association(s), joint venture(s), or organization(s)
of any kind which has been legally granted a franchise by the County,
and its lawful successor, transferee or assignee.
Any channel specifically designated or dedicated for government
access use.
Talbot County as represented by the County Council acting
within the scope of its jurisdiction.
All revenue derived directly or indirectly by the grantee,
its affiliates, subsidiaries, and any person in which the grantee
has a financial interest, as a result of the grantee's operations
within the County.
The connection of the system from feeder cable to subscribers'
terminals.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee, at rates which are fair and reasonable.
Observing a communications signal, or the absence of a signal,
where the observer is not a party to the communication, whether the
signal is observed by visual or electronic means, for any purpose
whatsoever.
A linear mile of cable as measured on the street or easement
from pole to pole or pedestal to pedestal. In cases where cable is
on both sides of the street, only the cable on one side of the street
will be utilized in measuring a plant mile.
Any channel designated or dedicated for use by the general
public or noncommercial organizations which is made available for
use without charge on a first-come-first-served, nondiscriminatory
basis.
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, parkways, waterways,
utility easements or other public right-of-way or hereafter held by
the County which shall entitle the County and the grantee to the use
thereof for the purpose of installing and maintaining the grantee's
cable television system. No reference herein, or in any franchise,
to the public way shall be deemed to be a representation or guarantee
by the County that its title to any property is sufficient to permit
its use for such purpose, and the grantee shall, by its use of such
terms, be deemed to gain only such rights to use property in the County
as the County may have the undisputed right and power to give.
Written notice addressed to the grantee at its principal
office within the County or such other office as the grantee has designated
to the County as the address to which notice shall be transmitted
to it, which notice shall be certified and postmarked not less than
seven days prior to that day in which the party giving such notice
shall commence any action which requires the giving of notice. In
computing said seven days, holidays recognized by the County shall
be excluded.
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 or profession.
Includes any sale, exchange, barter or offer for sale.
The entire geographic area within the franchise territory.
The cable communications system constructed for use within
the County, without limitation, the headend, antenna, cables, wires,
lines, towers, amplifiers, converters, health and property security
systems, equipment or facilities located within the corporate limits
of the County designed, constructed or wired for the purpose of producing,
receiving, amplifying and distributing by coaxial cable, fiber optics,
microwave or other means audio and visual radio, television and electronic
signals to and from subscribers in the County and any other equipment
or facilities located within the corporate limits of the County intended
for the use of the system; provided, however, that such system facility
excludes buildings, contracts, facilities, and equipment where primary
use is for providing service to other system facilities located outside
the County limits.
The disposal by the grantee, directly or indirectly, by gift,
assignment, voluntary sale, merger, consolidation or otherwise, of
15% or more at one time of the ownership or controlling interest in
the system, or 30% cumulatively over the term of the franchise of
such interests to a corporation, partnership, limited partnership,
trust or association, or person or group of persons acting in concert.
The term "transfer" shall not apply to or restrict any assignment
of a franchise between any parent and subsidiary corporation or between
entities of which at least 50% of the beneficial ownership is held
by the same persons or the mortgage, pledge, collateral assignment,
transfer in trust or grant of a security interest by the grantee to
its lenders, and their successors and assigns, of and in a franchise
and all rights of grantee related hereto, to secure any indebtedness
or obligations of the grantee with respect to which a security interest
has been, or is hereafter, granted, or to the exercise by each of
the secured parties of its rights as a secured party in the event
of a default by the grantee in the payment or performance of any of
the grantee's indebtedness or obligations secured thereby.
The major distribution cable used in cable communications,
which divides into feeder lines which are tapped for service to subscribers.
A person or organization utilizing channel or equipment and
facilities for purposes of producing and/or transmission of material,
as contrasted with receipt thereof in a subscriber capacity.
[1]
Editor's Note: See 47 U.S.C. § 609 et seq.
