For the purposes of this chapter, the following
terms, phrases, words, and abbreviations shall have the meanings given
herein, unless otherwise expressly stated. When not inconsistent with
the context, words used in the present tense include the future tense;
words in the plural number include the singular number, and words
in the singular number include the plural number; and the masculine
gender includes the feminine gender. The words "shall" and "will"
are mandatory, and "may" is permissive. Unless otherwise expressly
stated, words not defined herein shall be given the meaning set forth
in Title 47 of the United States Code, Chapter 5, Sub-Chapter V-A,
47 U.S.C. § 521 et seq., as amended, and, if not defined
therein, their common and ordinary meaning.
Any channel on a broadband 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 and who
is involved in the operation of the franchisee's broadband system.
Any cable service tier that includes the retransmission of
local television broadcast signals.
The Board of Supervisors of Uwchlan Township or its designated
representative.
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 and/or telecommunications
service to multiple subscribers within the Township, but such term
does not include: a) a facility that serves only to retransmit the
television signals of one or more television broadcast stations; b)
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; c) 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 broadband system to the extent such facilities engage in the transmission
of video programming, whether on a common carrier or non-common carrier
basis, directly to subscribers; or d) any facilities of any electric
utility used solely for operating its electric utility systems.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., and the Cable Television Consumer Protection and Competition
Act of 1992, as amended from time to time.
The one-way transmission to and/or the two-way transmission
from subscribers of video programming or other programming services;
and subscriber interaction, if any, which is required for the selection
of such video programming or other programming service.
Any channel on a broadband system set aside by the franchisee
for noncommercial educational use.
The Federal Communications Commission, its designee, or any
successor governmental entity thereto.
The nonexclusive rights granted in accordance with this chapter
to construct, operate, and maintain a broadband system along the public
rights-of-way within all or a specified area of the Township. A franchise
shall authorize the franchisee to provide cable service, telecommunications
service, or both, as may be specified in any franchise. 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 the ordinances and laws
of the Township, or for attaching devices to poles or other structures,
whether owned by the Township or a private entity, or for excavating
or performing other work in or along public rights-of-way.
A contract entered into in accordance with the provisions
of this chapter between the Township and a franchisee that sets forth,
subject to this chapter, the terms and conditions under which the
franchise will be exercised.
The area of the Township that the franchisee is authorized
to serve by its franchise agreement.
The natural person(s), partnership(s), domestic or foreign
corporation(s), association(s), joint venture(s), or organization(s)
of any kind which have been granted a franchise by the Township.
Any channel on a broadband system set aside by the franchisee
for government access use.
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 an operator
of the broadband system arising from, attributable to, or in any way
derived from the operation of the franchisee's broadband system, 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, per-program, cable,
telecommunications or satellite service; installation, disconnection,
reconnection, and change-in-service fees; leased channel fees; late
fees and administrative fees; maintenance and repair fees; fees, payments,
or other consideration received from programmers for carriage of programming
on the system; revenues from converter rentals or sales; studio rental
and production equipment rental fees; advertising revenues (prorated
on the basis of the proportion of the number of subscribers within
the Township to the total number of subscribers of the broadband system
which includes the franchise area); revenues from program guides;
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.
A cable service that is sold on a per-channel or per-program
basis.
An individual, partnership, association, joint-stock company,
organization, corporation, or any lawful successor thereto or transferee
thereof.
Any channel on a broadband 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.
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, 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, with the exception of any public park, recreation,
playground and open space area, may be used for the purpose of installing
and maintaining a broadband system. No reference herein, or in any
franchise agreement, to a public right-of-way shall be deemed to be
a representation or guarantee 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, including
such rights available pursuant to Section 621(a)(2) of the Cable Act,
47 U.S.C. § 541(a)(2).
Any sale or exchange transaction.
A category of cable service or telecommunications service
provided by the franchisee and for which a separate charge is made
by the franchisee.
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 drive, or any public easement or public right-of-way now or
hereafter held by the Township which shall entitle 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 broadband system.
Any person who legally receives cable service or telecommunications
service pursuant to a franchise, whether or not a fee is paid for
such service.
Broadband system equipment used by the franchisee to provide
cable service or telecommunications service in the franchise area.
The transmission of electronic impulses, other than cable
service, over facilities which occupy any public right-of-way within
the Township. Telecommunications service includes, but is not limited
to, voice or data transmissions, as well as any video transmissions
which do not constitute "video programming" as defined by the Cable
Act.
The Township of Uwchlan, Pennsylvania, as represented by
the Board.
Any transaction in which an ownership or other interest in
a franchisee, its broadband system, or any person that is an operator
of the broadband 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. "Control" for these purposes
means working control, in whatever manner exercised. The addition,
deletion, or other change of any general partner of the franchisee,
any person who owns or controls the franchisee, or an operator of
the broadband system is such a change of control.
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.
