For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given herein. Words used in the present tense, include the future,
words in the plural number, include the singular and words in the
singular number include the plural. All capitalized terms used in
the definition of any other term shall have their meaning as otherwise
defined in this section. The words "shall" and "will" are mandatory
and "may" is permissive. Words not defined shall be given their common
and ordinary meaning:
ACCESS CHANNELS
Those channels which, by the terms of this chapter or the
franchise agreement, are required to be kept available by the franchisee
for partial or total dedication to public access, educational access
or local government access.
BASIC CABLE SERVICE
That service tier which includes the retransmission of local
television broadcast signals and any PEG Access Channels, This definition
will be deemed to have changed consistent with any changes in the
definition of this term by federal law or regulations of the FCC.
BOARD
The governing body or Board of Supervisors of the Township
of White, Pennsylvania.
CABLE ACT
The Cable Communications Policy Act of 1984, P.L. No. 98-549,
98 Stat. 2279 (1984) (codified at 47 U.S.C. §§ 521-611
(1982 and Sup. V. 1987), as amended by the Cable Television Consumer
Protection and Competition Act of 1992, P.L. No. 102-385 and the Telecommunications
Act of 1966, P.L. No. 104-104, 110 Stat, 56 and as may, from time
to time, be amended.
CABLE COMMUNICATION SYSTEM, CABLE SYSTEM or 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 subscribers without using any public right-of-way,
a facility of a common carrier which is subject, in whole or in part,
to the provisions of Subchapter II of the Cable Act, except that such
facility shall be considered a cable system (other than for purposes
of § 541(c) of the Cable Act), to the extent such facility
is used in the transmission of video programming directly to subscribers
or any facilities of any electric utility used solely for operating
its electric utility systems.
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.
CHANNEL or CABLE CHANNEL
A portion of the electromagnetic spectrum 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.
FCC
The Federal Communications Commission, its designee, or any
successor thereof.
FRANCHISE
An initial authorization or renewal thereof issued by the
Township, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, agreement or otherwise,
which authorizes the construction or operation of the cable system.
Franchise shall include both the franchise granted pursuant to this
chapter and the franchise agreement, or granting ordinance, and all
rights, powers and privileges thereunder.
FRANCHISE AGREEMENT
The separate agreement or granting ordinance by which the
franchise is granted to the franchisee as required by this chapter.
FRANCHISEE
All persons having any rights, powers, privileges, duties,
liabilities or obligations under this chapter and the franchise agreement
(herein collectively the "franchise").
FRANCHISER
The Township of White, as represented by the Board of Supervisors
of the Township of White or any delegate acting within the scope of
its jurisdiction.
GROSS REVENUES
All revenues received by the franchisee from or attributable
to the sale of cable service, including, but not limited to, subscriber
revenues (including pay-per-view), advertising income and any and
all other gross revenues received by the franchisee from the operation
of its cable system in the Township of White, to the extent such revenues
may be subject to franchise fees under federal or state law or regulation.
INITIAL SERVICE AREA
The area of the Township which will receive cable service
initially, as set forth in any franchise agreement.
INSTALLATION
The act of connecting the system from the feeder cable to
the subscriber terminal so that the cable service may be received
by the subscriber.
NORMAL BUSINESS HOURS
Those hours during which most similar businesses in the community
are open to serve customers. 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
Those service conditions which are within the control of
the franchisee. Those conditions which are not within the control
of the franchisee include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages and severe
or unusual weather conditions. Those conditions which are ordinarily
within the control of the franchisee include, but are not limited
to, special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods and maintenance or upgrade of the
system.
PAY-PER-VIEW
An arrangement under which a separate charge is made to a
subscriber for receiving a particular television program, such as
a movie or an event.
PERSON
Any natural person or any association, firm, individual,
partnership, joint stock company, joint venture, corporation or other
legally recognized entity, public or private, whether for profit or
not for profit.
SERVICE AREA
The entire geographic area within this Township as it is
now constituted or may in the future be constituted, unless otherwise
specified in the franchise agreement.
SUBSCRIBER
A person or organization whose premises are physically wired
to receive any transmission from the system.
SYSTEM UPGRADE
The process by which the system shall be upgraded initially
and additionally, any changes or modifications subsequently accomplished
by franchisee due to technological change.
TOWNSHIP
The Township of White, Pennsylvania, and all territory within
its existing and future territorial corporate limits.