As used in this ordinance, the following terms shall
have the meanings indicated:
ACCESS CHANNEL
Any channel on a cable system set aside by the franchisee
for public, educational and/or governmental use.
AFFILIATE
Any person who owns or controls, is owned or controlled by
or is under common ownership or control with the franchisee.
BASIC SERVICE
Any service tier that includes the retransmission of local
television broadcast signals.
BOARD
The Board of Commissioners of Haverford Township.
CABLE ACT
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., as amended from time to time.
CABLE SERVICE or SERVICE
(1)
The one-way transmission to subscribers of video
programming or other programming services; and
(2)
Subscriber interaction, if any, which is required
for the selection of such video programming or other programming service.
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 television service which includes
video programming and which is provided to multiple subscribers within
the township, but such term does not include:
(1)
A facility that serves only to retransmit the
television signals of one or more television broadcast stations.
(2)
A facility that serves only subscribers in one
or more multiple-unit dwellings under common ownership, control or
management, unless such facility or facilities use any public right-of-way,
including streets or easements.
(3)
A facility of a common carrier which is subject,
in whole or in part, to the provisions of Title II of the Cable Act,
except that such facility shall be considered a "cable system" to
the extent that such facility is used in the transmission of video
programming, whether on a common-carrier or non-common-carrier basis,
directly to subscribers.
(4)
Any facilities of any electric utility used
solely for operating its electric utility systems.
FCC
The Federal Communications Commission, its designee or any
successor governmental entity thereto.
FRANCHISE
The nonexclusive rights granted in accordance with this ordinance
to construct, operate and maintain a cable system along the public
rights-of-way within all or a specified area of the township. Any
such authorization, in whatever form granted, may specifically include
a license or permit to the system for the provision of noncable services;
it 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 the ordinances and laws of the township or for excavating
or performing other work in or along public rights-of-way.
FRANCHISE AGREEMENT
A contract entered into in accordance with the provisions
of this ordinance between the township and a franchisee that sets
forth, subject to this ordinance, the terms and conditions under which
the franchise will be exercised.
FRANCHISE AREA
The area of the township that the franchisee is authorized
to serve by its franchise agreement.
FRANCHISEE
The natural person(s), partnership(s), domestic or foreign
corporation(s), association(s), joint venture(s) or organization(s)
of any kind which has been granted a cable television franchise by
the township.
GROSS ANNUAL REVENUES
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 provision by the franchisee of cable service, including the
studios 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; and revenues from home shopping and
bank-at-home channels. The township may require in a franchise agreement
that "gross annual revenues" also include revenues from the sale or
carriage of noncable services, including information services. "Gross
annual revenues" shall be the basis for computing the franchise fee
under this ordinance. "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, nor shall it include revenue derived from the sale or rental
of real property interests of the franchisee.
NONCOMMERCIAL
Refers to programming, the primary purpose of which is not
to propose a sale or barter of a commercial product or service. The
term expressly does not refer to programming, the cost of which is
underwritten by one or more commercial or noncommercial programmers,
even where the underwriting is acknowledged as part of the program.
PAY TELEVISION
A cable service that is sold on a per-channel or per-program
basis.
PERSON
An individual, partnership, association, joint-stock company,
organization, corporation or any lawful successor thereto or transferee
thereof.
PUBLIC ACCESS CHANNEL
Any channel on a cable system set aside by the franchisee
for noncommercial use by the general public or noncommercial organizations
and which is available for such use on a nondiscriminatory basis.
PUBLIC RIGHT-OF-WAY
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, parkway, waterway,
easement or similar property in which the township now or hereafter
holds any property interest which, consistent with the purposes for
which it was dedicated, may be used for the purpose of installing
and maintaining a cable system. No reference herein, or in any franchise
agreement, to a "public right-of-way" shall be deemed to be a representation
or guaranty by the township that its interest or other right to control
the use of such property is sufficient to permit its use for such
purposes, and a franchisee shall be deemed to gain only those rights
to use as are properly in the township and as the township may have
the undisputed right and power to give.
SALE
Any sale, exchange or barter transaction.
SERVICE TIER
A category of cable service provided by the franchisee and
for which a separate charge is made by the franchisee.
STREET
The surface of and the space above or below any public street,
public roadway, public highway, public freeway, public lane, public
way, public alley, public court, public sidewalk, public boulevard,
public parkway, public drive or any public easement or public right-of-way
now or hereafter held by the township which shall entitle the franchisee
to the use thereof for the purposes of installing over poles such
wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments and other property as may be ordinarily necessary
and appurtenant to the operation of the system.
SUBSCRIBER
Any person who legally receives cable service and noncable
service, with the exception of telephony-like services, whether or
not a fee is paid for such service.
TOWNSHIP
The Township of Haverford, Pennsylvania, as represented by
the Board.
TRANSFER
Any transaction in which an ownership or other interest in
a franchisee, its cable system or any person that is a cable operator
of the cable system is transferred from one person or group of persons
to another person or group of persons so that control of the franchisee
is transferred or the rights and/or obligations held by the franchisee
under a franchise agreement are transferred or assigned to another
person or group of persons. Unless otherwise specified in a franchise
agreement, "control" for these purposes means working control, in
whatever manner exercised. Unless otherwise specified in a franchise
agreement, the addition, deletion or other change of any general partner
of the franchisee, any person who owns or controls the franchisee
or a cable operator of the cable system is such a change of control.
USER
A person or organization utilizing a channel or equipment
and facilities for purposes of producing and/or transmitting material,
as contrasted with the receipt thereof in the capacity of a subscriber.