The present tense includes the future; the singular number includes
the plural, and the plural, the singular; and the masculine gender includes
the feminine gender. The words "shall" and "will" are mandatory, and "may"
is permissive.
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings indicated:
Any channel on a cable system set aside by the franchisee for public,
educational, and/or governmental use.
Any person who owns or controls, is owned or controlled by, or is
under common ownership or control with the franchisee.
Any service tier which includes the retransmission of local broadcast
signals, being the lowest cost tier of service provided.
The Board of Supervisors of the Township of Lower Frederick.
A nonbroadcast signal that originates within the facilities of the
cable communications 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 a community, but such term does not include:
A facility that serves only to retransmit the television signals of
one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control, or management, unless such facility
or facilities is covered within the terms and regulations of the Cable Act;
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of the Communications Act of 1934, as amended,
except that such facility shall be considered a cable system [other than for
purposes of Section 621(c) of the Cable Act] to the extent such facility is
used in the transmission of video programming directly to subscribers;
Any facilities of any electric utility used solely for operating its
electric utility systems; or
A facility which provides noncable services (other than those for public,
educational and governmental use).
The one-way transmission to subscribers of video programming or other
programming service, and subscriber interaction, if any, which is required
for the selection of such video programming or other programming service.
A video channel shall include both the visual and aural carriers
and corresponding side bands which constitute the picture and sound of a television
program. If at any time during the term of any franchise agreement entered
into pursuant to this chapter the bandwidth necessary to deliver a video signal
decreases so that a video signal may be delivered on a band of frequencies
of less than six Megahertz (MHZ), the channel capacity on the cable system
shall be increased accordingly if the Township finds that such increase in
channel capacity will not result in a loss of signal quality or will meet
any FCC signal quality standards that may apply to such signals. A franchisee
may establish additional requirements concerning voice and data channels consistent
with the franchise agreement in order to ensure technical and operational
integrity and compatibility of the system, including switching, provided they
are consistent with the performance standards of this chapter and the franchise
agreement.
Such video, audio, data and other services provided to institutional
users on an individual application basis. These may include, but are not limited
to, on-way video, two-way video, audio or digital signals among institutions
and, as may be specified in the franchise to residential subscribers.
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
and who pays the charges therefor.
The Cable Communications Policy Act of 1934, and the Cable Communications
Policy Act of 1984, as it may be amended or succeeded, including the Cable
Television Consumer Protection and Competition Act of 1992, and/or any amendments.
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 channel which can only be received by the person and/or institution
intended to receive signals on such channel.
A coaxial connection from feeder cable to the subscriber/user premises
in accordance with the Cable Act.
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, without the assignment of any value to the franchise rights.
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 Township. 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 Township
as required by other ordinances and laws of the Township.
A contract entered into between the Township and any franchisee setting
forth the specific terms and provisions of the grant of a franchise pursuant
to this chapter.
The entire Township, or portions thereof, for which a franchise is
granted under the authority of this chapter. If not otherwise stated in the
franchise agreement, the franchise area shall be the corporate limits of the
Township, including all territory thereafter annexed to the Township.
The natural person(s), partnership(s), domestic and foreign organization(s),
association(s), joint venture(s), or organization(s) of any kind which has
been legally granted a franchise by the Township, and its lawful successors,
transferees or assignees.
The percentage, as specified by the Township, of the franchisee's
gross annual revenues from all sources payable in exchange for the rights
granted pursuant to this chapter and the franchise agreement. The term "franchise
fee" does not include any tax, fee or assessment of general applicability
that may be assessed against a franchisee by the Township, including but not
limited to a business privilege tax.
Any channel specifically designated or dedicated for government access
use.
The Township of Lower Frederick as represented by the Township Board
of Supervisors acting within the scope of its jurisdiction.
Any and all cash, credits, property or other consideration of any
kind or nature received annually directly or indirectly by the franchisee,
its affiliates, or any person in which the franchisee has a financial interest,
or by any other entity that is a cable operator of the system arising from,
attributable to, or in any way derived from the operation of the franchisee's
cable system, including the studies and other facilities associated therewith.
Gross annual revenues include, but are not limited to, monthly fees charged
subscribers for any basic, optional, premium, per-channel, or per-program
service; installation, disconnection, reconnection, and change-in-service
fees; leased channel fees; late fees and administrative fees; fees, payments,
or other consideration received from programmers for carriage of programming
on the system; revenues from converter rentals or sales; studio rental, production
equipment, and personnel fees; advertising revenues; barter; revenues from
program guides; revenues from the sale or carriage of noncable services, including
information services; and revenues from home shopping and bank-at-home channels.
Gross annual revenues shall be the basis for computing the franchise fee under
this chapter. Gross annual revenues shall not include any taxes on services
furnished by the franchisee which are imposed directly on any subscriber or
user by the state, Township, or other governmental unit and which are collected
by the franchisee on behalf of said governmental unit.
That portion of the wire installation within and about a premises
that is transferable upon purchase in accordance with the Cable Act.
The connection of the system from feeder cable to subscriber's terminals.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee, at rates in accordance with the Cable Act.
The ability to distribute cable programming to a particular segment
or segments of the cable subscribers.
Except as expressly set forth in the franchise agreement, the Township
has not granted authority for the provisions of noncable services except public,
educational and governmental uses. The Township may grant authority for the
provision of noncable services on whatever terms and conditions the Township
reasonably determines are appropriate in the circumstances, it being understood
and agreed that, at a minimum, in each case, such terms and conditions may
include payment to the Township of compensation at rates different from those
set forth for franchisee fees. The franchisee shall pay to the Township an
amount equal to the reasonable costs for the use of the Township's streets
to provide noncable services in the franchise area. Payment of such costs
and expenses shall not be deemed to be "franchise fees" within the meaning
of the Cable Act, and such payment shall not be deemed to be:
Any type of audio or audio/video service for which a fee is charged.
Any channel for which a fee is charged for a single or multiple viewing
of a specific program.
Any channel for which a fee is charged for viewing.
An individual, partnership, association, organization, corporation
or any lawful successor transferee of said individual, partnership, association,
organization or corporation.
Any channel designated or dedicated for use by the general public
or organizations which is made available for use without charge on a nondiscriminatory
basis in accordance with the rules and regulations specified in the franchise
agreement.
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 Township which shall entitle
the Township and the grantee to the use thereof for the purpose of installing
and maintaining the grantee 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 Township 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 Township
as the Township may have the undisputed right and power to give.
Where not elsewhere specified, shall be written notice addressed
to the grantee at its principal office within the Township or such other office
as the grantee has designated to the Township as the address to which notice
shall be transmitted to it, which notice shall be certified and postmarked
not less than 10 business 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 10 business days, holidays recognized by the Township shall
be excluded.
Any person residing in the Township as defined by applicable law.
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 and who pays the charges therefor.
Includes any sale, exchange or barter transaction.
Any public or nonprofit education institution including primary and
secondary school, colleges and universities, both public and private.
Any person who legally receives cable services and/or noncable services
(to the extent franchisee is authorized to provide noncable services).
The Commonwealth of Pennsylvania.
Cable communications system equipment used by the franchisee to provide
services in the franchise area; provided, however, such system facility excludes
buildings, contracts, facilities, and equipment whose primary use is for providing
service to other system facilities located outside the Township limits.
Any level of service having one or more channels offered as a program
service or group of services.
The Township of Lower Frederick, Lower Frederick, Pennsylvania.
Any transaction in which (1) an ownership or other interest in a
franchisee, its cable system, or of any person that is cable operator of the
cable system is transferred from one person or group or persons to another
person or group of persons so that control or controlling interest of the
franchisee is transferred; or (2) the rights and/or obligations held by the
franchisee under a franchise agreement are transferred or assigned to another
person or group of persons. "Control" or "controlling interest" means actual
working control in whatever manner exercised, including, without limitation,
working control through ownership, management, debt instruments or negative
control, as the case may be, of a system, a franchise or a franchisee. A rebuttable
presumption of the existence of control or a controlling interest may arise
from the beneficial ownership, directly or indirectly, by any person or group
of persons acting in concert (other than underwriters during the period in
which they are offering securities to the public) of 5% or more of any person
(which person or group of persons is hereinafter referred to as "controlling
person"). "Control" or "controlling interest" as used herein may be held simultaneously
by more than one person or group of persons.
The major distribution cable used in cable communications, which
divides into feeder lines which are gapped for service to subscribers.
A person or organization utilizing channel or equipment and facilities
for purpose of producing and/or transmission of material, as contrasted with
receipt thereof in a subscriber capacity.
