It is the intent of this chapter to provide
for and specify the means to attain a cable communications system
franchise in the City and to set forth the obligations and rights
of the City and grantee accompanying such franchise.
For the purpose of this chapter the following
terms, phrases and words and their derivations shall have the meaning
specified herein. When not inconsistent with the context, words used
in the present tense include the future, and words in the singular
number include words in the plural number. The word "may" is permissive;
the words "shall" and "must" are mandatory.
ADDITIONAL SERVICE
A subscriber service provided by the grantee, in addition
to basic service, for which a special charge is made based on program
or service content, time or spectrum space usage.
ANNUAL GROSS REVENUES
Any and all revenues derived directly or indirectly by the
grantee, or any affiliate that is a cable operator, in connection
with the operation of the cable system pursuant to this chapter. Further,
"annual gross revenues" includes compensation in whatever form, exchange
or otherwise, derived from all cable services, cable operations, and
cable-related activities within the service area, including but not
limited to:
A.
Revenues from subscriber rates, pay television,
premium channels, service tiers, service clusters, institutional networks,
on-air advertising, installations, reconnections, or similar fees;
B.
Rebates or commissions received from travel,
home shopping or similar services, or commercial access;
C.
Any and all compensation from all ancillary
cable services, cable operations, and cable-related activities within
the service area, including but not limited to sale of cable or cable
equipment, advertising inserted into periodic billing statements or
other notices, fees from subscribers' late fees, rental or sale of
videodiscs, rental or sale of videocassettes, rental or sale of descrambling
converters or other devices, rental or sale of remote control devices,
rental or sale of a/b or input switches, rental or sale of interactive
games or software, or rental or sale of digital equipment; and
D.
Compensation received for studio leased access
and other facility rental, other than that not associated with the
operation of the system.
BASIC CABLE SERVICE OR BASIC SERVICE
The service tier that includes all signals of domestic television
broadcast stations provided to any subscriber (except a signal secondarily
transmitted by satellite carrier beyond the local service area of
such station, regardless of how such signal is ultimately received
by the cable system), any public educational and governmental programming
required by the franchise agreement to be carried on the basic tier,
and any additional video programming signals added to the basic tier
by the grantee, as defined from time to time by federal law and rules
of the FCC.
CABLE ACT
Title VI of the Communications Act of 1934, as amended, 47
U.S.C. § 151 et seq., and all other provisions of the Cable
Communications Policy Act of 1984, P.L. No. 98-549, and the Cable
Television Consumer Protection and Competition Act of 1992, P.L. No.
102-385.
CABLE COMMUNICATIONS SYSTEM (CCS)
Any network of cables, optical, electrical, or electronic
equipment, including television systems, used for the purpose of transmission
of electrical impulses of television, radio and other intelligence,
either analog or digital, for sale or use by the inhabitants of the
City.
CITY
The City of Gillett, its officers and employees unless otherwise
specifically designated, and the area within the territorial limits
of the City.
COMMENCE OPERATION
Operation will be considered to have commenced when sufficient
distribution facilities have been installed so as to permit the offering
of full system service to at least 25% of the dwelling units located
within the City.
COMMON COUNCIL
The governing body of the City or any successors to the legislative
powers of such body.
DEDICATED INSTITUTIONAL ACCESS CHANNELS
Interactive, broadband communications channels dedicated
to serving City, county, state and federal governmental agencies,
educational institutions, health care institutions and other nonprofit
and profit organizations that may be qualified by the Common Council.
FCC
The Federal Communications Commission and any legally appointed
or elected successors.
FRANCHISE
The right, privilege and authority granted by this chapter
to construct, maintain and operate a cable television system in the
City.
FRANCHISE AGREEMENT
A contractual agreement entered into between the City and
any grantee hereunder which is enforceable by the City and said grantee
and which sets forth the rights and obligations between the City and
said grantee in connection with the franchise.
FRANCHISE FEE OR PAYMENT
Includes any tax, fee, or assessment the City imposes on
the grantee solely because of the grantee's status as such. The term
"franchise fee" or "franchise payment" does not include:
A.
Any tax, fee, or assessment of general applicability
(including any such tax for or assessment imposed on both utilities
and cable operators or their services, but not including a tax, fee
or assessment which is unduly discriminatory against the grantee);
B.
Capital costs which are required by the franchise
to be incurred by the grantee for educational or governmental access
facilities;
C.
C Requirements or charges incidental to the
awarding or enforcing of the franchise, including payments for bonds,
security funds, letters of credit, insurance, indemnification, penalties
or liquidated damages; or
D.
Any fee imposed under Title 17, United States
Code.
GRANTEE
Any person, as herein defined, receiving a franchise pursuant
to this chapter and any legal franchising resolutions as may be adopted
by the City.
GRANTEE'S PROPOSAL
Incorporates all of the documents included in the response
to and including the document titled "Invitation for Applications"
submitted to the City Clerk/Treasurer.
HEAD END
The land, electronic processing equipment, antennas, tower,
building and other appurtenances normally associated with and located
at the starting point of a CCS.
LEASED CHANNEL OR LEASED ACCESS CHANNEL
Any channel available for lease and programming by persons
or entities other than the grantee, including those portions of the
other access channels not in use by their designated programmers.
LOCAL ORIGINATION
Any channel where the grantee is the only designated programmer
and provides video programs to subscribers.
NORMAL BUSINESS HOURS
Those hours during which similar businesses in the City are
open to serve customers. In all cases, normal business hours must
include some evening hours at least one night per week and some weekend
hours.
NORMAL OPERATING CONDITIONS
Those service conditions which are within the control of
the cable operator. Those conditions which are not within the control
of the cable operator 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 cable operator 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
cable system.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PUBLIC AND GOVERNMENT ACCESS CHANNEL
Any channel where any member of the general public or any
noncommercial organization may be a programmer without charge on a
first-come, first-served, nondiscriminatory basis, in accordance with
FCC regulations, or where local government programming is used.
REASONABLE NOTICE
The provisions of notice of contemplated action delivered
at least 48 hours prior to such action. Saturdays, Sundays, and holidays
recognized by the City shall be excluded in the computation of this
48 hours.
SALE
Includes any sale, exchange, barter or offer for sale.
SERVICE AREA
That geographical area within the incorporated limits of
the City.
STREET
Includes all streets, roadways, highways, avenues, lanes,
alleys, courts, places, squares, curbs, sidewalks, easements, rights-of-way
or other public ways in the City which have been or may hereafter
be dedicated and open to public use, or such other public property
so designated by law.
SUBSCRIBER
Any person, firm, company, corporation or association receiving
either basic service or additional service from the grantee.
SUBSTANTIALLY COMPLETED
Operation will be considered substantially completed when
sufficient distribution facilities have been installed so as to permit
the offering of full system service to at least 90% of the dwelling
units in the City to which access is legally and reasonably available.
USER
A person utilizing a channel for purposes of production or
transmission of material, as contrasted with receipt thereof, in a
subscriber capacity.
The City shall grant the right, privilege and
franchise to construct, operate and maintain a cable communications
system in the City to the grantee for a period not to exceed 15 years,
subject to the rights, obligations, conditions and restrictions as
hereinafter provided.