For purposes of this chapter, and where not otherwise inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meanings given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The words "shall" and "will" are always mandatory and not merely directive.
The cessation of use of a system and the provision of any service by or using the system, or any portion of the system, or any component, facility or equipment of the system or service in the Village for a period of time greater than 60 consecutive days.
The ability to deliver any type of service using the system or otherwise using the system to transmit and provide service.
The individual or organization designated by the Village Board to act as the technical and administrative liaison or representative of the Village, the subscriber or users, and the public in the Village in matters related to the provision of this chapter and any franchise as defined in this section.
The Administrator may be designated as the point of contact for all matters under this chapter and that relate to a franchise or a system owner or operator or service provider. If designated, unless specifically directed otherwise by the Village Board, it shall at all times be presumed that the Administrator is acting as the Village Board's designee and under the Board's direction.
When used in relation to any person, means another person or entity who owns or controls, is owned or controlled by or is under common ownership or control of such person.
A person or legal entity submitting an initial application or proposal to the Village for a franchise to operate a system or to provide service under the terms and conditions set forth in this chapter and in any franchise and in compliance with any state rules or regulations.
Are synonymous and mean the documents submitted, and on which the Village is intended, in good faith, to rely, for the purpose of being granted a franchise by the Village. An application or proposal shall be deemed to include all written representations and supporting documentation submitted by an applicant to the Village for the purpose of being granted the privilege to occupy or use the Village's property or rights-of-way for commercial purposes as intended under this chapter.
The act of changing the person or entity who has ultimate control of the franchisee, the system or the franchise, whether such control is direct or indirect, transfer or assignment is deemed to be any change in control, in whole or in part, whether by sale, assignment, merger, consolidation, lease or other form of alienation, or any change in the ultimate legal or financial control of the person or entity granted a franchise.
The Village Board for the Village of Woodbury, New York, which is the legislative body for the Village of Woodbury, New York. For purposes of clarification, the Village Board is the franchising authority for the Village of Woodbury, New York.
A technology having a capacity of more than 28.8 kilobits per second of bandwidth.
The Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection Act of 1992 and the Telecommunications Act of 1996.
Any person or group of persons who:
Provides cable service or video programming service over a system and, whether directly or through one or more affiliates, owns a significant or attributable interest in such system; or
Otherwise controls or is responsible for, through any arrangement, the management and operation of such a system.
Are synonymous terms for the purpose of this chapter and mean any change in the control of the system, system owner or operator or service provider, as control is defined in this section.
A band or group of frequencies in the electromagnetic or light spectrum, including the radio frequency spectrum, using any other means of wireline transmission, including, without limitation, wires, cable, optical fibers or any functional equivalent which has the ability to carry a video signal in the National Television Systems Committee (NTSC) or functionally equivalent format or in any format devised or approved in the future by the Federal Communications Commission (FCC), or an audio, voice or data signal. All video channels shall include their vertical and horizontal blanking intervals and all information contained therein, all other components of the video signal, all aural components of the signal, including subcarriers, and all closed-captioning intended for reception by the hearing impaired and others. Such shall be transmitted and provided to subscribers or users on the system, unless the operator deletes them in accordance with FCC, copyright and other applicable rules.
A charge or fee assessed on a user or subscriber for efforts or attempts to collect a past due and/or delinquent account.
Shall have the same meaning in this chapter and any franchise or other use, occupancy or operating authority as is defined and applied under the United States Uniform Commercial Code (UCC).
Means with respect to any construction, reconstruction, rebuilding, upgrading or repair of the system, that, in each instance:
Attachment strand, if necessary, has been put in place for aerially serviced areas, and all needed cable or fiber has been securely and properly lashed to such strand; or
All cable or fiber has been placed correctly in trenches in areas serviced underground as required by applicable code and this chapter, the trenches have been refilled, all disturbed road surfaces have been restored as required and all landscaping restoration has been completed as required;
All amplifier housings and modules, all fiber nodes and all other active and passive devices necessary for the operation of the system and the provision of service have been installed, including modules for return path signals if bidirectional activation has been proposed or committed to;
Primary and backup/standby power supplies, as required, have been installed and operate properly;
All bonding and grounding, as required, has been completed;
Construction, reconstruction or upgrading of all headends, hubs and nodes, as applicable, has been completed, and all necessary processing equipment has been installed therein and is functioning as required; and
Any and all other construction, reconstruction or upgrading necessary for the system to deliver service to subscribers or users has been completed, including, in the case of a rebuild or upgrade of the system, the replacement of drops to each and every subscriber or user unit passed if such is either needed or proposed, pursuant to the plans, specifications, representations and commitments submitted to and approved or accepted by the Village.
All required testing has been completed successfully on each new or technologically upgraded portion of the system and shall demonstrate compliance with all applicable FCC and PSC technical rules to the Village's satisfaction, including, but not limited to, proof-of-performance tests, as may be appropriate or required, unless the Village is expressly prohibited by law or rule from requiring such demonstration, services provided to any segments of the system in the Village will be activated only when the required testing has been done and the system operates as required and never before.
No significant construction, reconstruction, upgrade or rebuild of any portion of a system providing video programming service will be considered complete until proof-of-performance tests have been conducted on such portion or segment (or in the case of the entire system, on all segments of the system) and all channels are in compliance with the signal quality requirements of the FCC's technical rules. Any performance characteristics of any segment which are found not to comply with said technical standards must have been corrected before construction is deemed complete.
The term "completion," in relation to the construction, reconstruction, upgrade or rebuild, does not include the marketing and installation of subscriber or user service.
Any construction, reconstruction, upgrade or rebuild shall not be deemed complete unless and until the system is capable of delivering all services to all addresses in any area being constructed, reconstructed, upgraded or rebuilt. If applicable, any construction, reconstruction, upgrade or rebuild shall not be deemed complete until the wreck out or removal of the old segments of the system has been completed to the reasonable satisfaction of the Village.
See the definitions for "subscriber" or "user."
Any person or entity holding legal or financial control of or over the holder of the franchise or the service provider, regardless of whether such control is direct or indirect or is exercised or is permitted to be exercised directly or indirectly through other persons, holdings or entities. Control shall always be deemed to rest in the hands of any person or entity that has the right or authority to establish or change any policy or practice of the holder of the franchise or the service provider, whether such control may be exercised directly or indirectly through other persons, holdings or entities.
A subscriber or user of any service and/or facility of the system or service provider.
An imminent, impending or actual natural or humanly induced situation wherein the health, safety or welfare of the residents of the Village is threatened. By way of illustration, a disaster emergency may include a severe climatic or meteorological storm, dam failure, flood, tornado, hazardous waste infiltration, fire, petroleum or chemical spill, explosion, vehicle accident of significant effect or aircraft crash.
Shall include any compatible use easement, whether created by dedication to the Village or by other means, for public utility purposes or any other purpose primarily benefiting the general public. Easement shall also include a private easement granted by a private property owner for the same or similar purposes.
Equipment supplied by the system owner or operator or service provider which is used to provide, enhance or assist in the reception or provision of service.
The Federal Communications Commission and/or such other federal regulatory agency as in the future may have jurisdiction to oversee the operation of service providers and their systems.
The technical rules and standards of the Federal Communications Commission as set forth in Part 76, Subpart K (Technical Standards) of the FCC's rules, 76 CFR 76.601 et seq., as amended from time to time.
Thin pliable cylinders or strands of glass or plastic, or any future functional equivalent, that is used to carry wide bands of multiple frequencies.
The document of authorization granted by the Village, regardless of the type of authorization, whether such authorization is a use, occupancy or operating authority, that permits a person to occupy and use the Village's property and rights-of-way for commercial purposes as intended under this chapter, including to construct, operate, rebuild, replace, upgrade, maintain and repair the system and to provide service in the Village. A franchise shall also include as an inseparable part any application or proposal for a franchise and any information contained therein on which the Village was intended to rely. The particular type and scope of franchise, and any distinction between any type of franchises, may be dependent upon the scope of authority the Village has over a given type of system owner or operator or provider of service.
The agreement or contract which the Village and a system owner or operator or a service provider enter into and that specifies the contractual agreements or commitments between the parties and which may also serve as a franchise granting the authority to own and operate a system or provide service within all or a part of the Village by using or occupying the Village's property or rights-of-way in accordance with the Village's franchising authority and any other authority, including its police powers. Subject to applicable law, rule and regulation, a franchise agreement may be different in scope and content from other permissible types of grants of authority by the Village.
Any system owner or operator or service provider that has been granted a valid franchise by the Village and that is subject to the Village's regulatory authority as set forth in this chapter and applicable state law, rules or regulation.
The date of the end of the term of the document that granted authority to use and/or occupy the Village's property or rights-of-way for commercial purposes, including the operation of a system or the provision of service.
A fee charged a service provider or system owner or operator by the Village for the cost of administering the franchise.
The Village Board of the Village of Woodbury, New York.
To retain or preserve a right, privilege or authority held, so long as the retention or preservation is expressly stated.
For any period of time, any and all revenues or other valuable consideration of any kind which are derived from the operation of the system and/or the provision of service within the Village and that are attributable to or occasioned by the grant of the franchise, regardless of the corporate or organizational relationship of the recipient of the revenue with the owner or operator of the system or the service provider. The following, but only the following, shall not be deemed a part of gross revenue:
Bad debts attributable to the provision of service within the Village in the normal course of its business that, if booked, are actually written off, provided that subsequent recovery of bad debts previously deducted shall be included in gross revenue in the next reporting/payment period; and
Refunds actually paid to subscribers or users.
With respect to service providers classified as cable operators, gross revenues shall also not include any revenue expressly exempted by the Cable Act of 1984 or by state law. For any revenue that an owner or operator of a system or a service provider seeks to have exempted from this definition of gross revenue, such person shall have the burden of proving to the Village that any such excluded revenue is expressly exempted by the federal law, state law, a final or unappealed federal or state judicial ruling by a court of competent jurisdiction or by specific FCC ruling. Including, but not limited to the preceding, gross revenues shall not include the following:
Any tax of general applicability imposed upon a franchisee or other service provider or an owner or operator of a system or upon subscribers or users of any service or system by state or federal governmental agency and that is required to be collected by the system owner or operator or the service provider and is remitted to the taxing entity (including, but not limited to, property taxes, user taxes, service taxes and communications taxes), provided that such taxes are identified as a separate line item on subscriber or user bills or statements;
Any revenue received by a service provider or an owner or operator of a system from any third party for revenue not attributable, in whole or in part, to the operation of its system or the provision of service in the Village and which does not use or rely upon the use of the system or service; and
Any revenue which a service provider or an owner or operator of a system chooses not to receive in exchange for the provision of free or reduced cost services. Notwithstanding the preceding, the value of any exchange for trade or barter or other items of value shall be included in gross revenues.
In computing gross revenues from sources other than subscriber or user or service revenue where it is not practicable to isolate the amount specifically derived from within the Village and that is attributable to the grant of a franchise or the operation of a system or the provision of service both inside the Village and outside the Village, the total or aggregate revenue received from such sources shall be computed as follows: Said revenues shall be multiplied by a fraction, the numerator of which shall be the number of subscribers or users in the Village as of the last day of the required payment period and the denominator of which shall be the number of subscribers or users within all areas served by the franchisee or other service provider or the owner or operator of a system as of the last day of the required payment period. The result shall then be multiplied by the percentage used to compute the required fee that is assessed as a percentage of revenue. For purposes of example only, the following are types and sources of revenue intended to be included in gross revenues in such situations, regardless of the familial or organizational relationship of the recipient of the revenue with the system owner or operator or service provider.
The sale or rental of subscriber or user lists;
The sale of advertising;
Payments from programmers and shopping services;
Commissions or bonuses of any kind from vendors or programmers that are attributable to the grant of authority under this chapter;
Rebates from programmers and vendors of any kind for services that are attributable to the grant of authority under this chapter;
Viewing guide sales, including electronic guides;
The lease or sale of channel capacity;
Payments or commissions from 900 phone numbers advertised on the service or system; and
Interconnection charges or income.
When used in a noneconomic or nonfinancial or noncommercial context, shall have the meaning ascribed in the most current edition of Webster's Encyclopedic Unabridged Dictionary of the English Language.
With respect to a particular portion, part or segment of the system, or group of segments, or the entire system, that all services and system capabilities, as stated in a franchise or in any application or proposal for franchise, are available and usable and that the construction, reconstruction, rebuild or upgrade has been completed and the completed segment(s) of the system involved or the entire system is capable of actually delivering the services intended to each and every subscriber or user and residence or business in each segment, pursuant to the plans and specifications as may have been approved, accepted or relied upon in good faith by the Village.
That charge or fee imposed on a subscriber or user for the initial installation or reconnection of service, or the relocation of equipment necessary to obtain or use services or the system.
That interconnected combination of networks that evolved from the original ARPANET experiment and the National Science Foundation subsidized Internet and the interconnection of networks that provides user-to-user or address-to-address communications services, broadband service, other programming services or data services.
The availability of access of the Internet to a subscriber or user and the service that enables a subscriber or user to use the Internet.
The Wireline Telecommunications Law for the Village of Woodbury, New York.
The capacity that a system owner or operator or service provider, including a cable operator or open video system operator, has designated for use by commercial users, pursuant to, but not limited by, Section 612 (at 47 U.S.C. § 532) of the Communications Act of 1934, as amended.
An extension of the system requiring additional trunk or feeder cable, or both, fiber optic cable, active electronic equipment to amplify the signal or an additional fiber node, but does not include individual service drops beyond 200 feet that may require additional feeder cable or the functional equivalent of such.
The inability to receive the service subscribed to that is caused by, attributable to or occasioned by problems with the operation of the system or the provision of service and which is not caused by the failure or malfunction of a subscriber's or user's equipment or by the misfeasance or malfeasance of the subscriber or user.
More than one instance of a loss of service from the same portion of the system or that affects the same address or addresses within the Village that occurs within a twenty-four-consecutive-hour period shall be deemed a single, continuous loss of service.
The Mayor of the Village of Woodbury.
That facility at which signals are received in light-wave form and transmitted, retransmitted, relayed or otherwise provided to other portions of the system in light-wave form or are converted to RF signals or a functional equivalent type of signal and are transmitted, retransmitted, relayed or otherwise provided to other portions of the system in the Village or elsewhere outside the Village.
Not granting a new franchise to an incumbent system owner or operator or service provider to operate a system or provide service within the Village.
Those conditions which are reasonably within the control of the system owner or operator or service provider with respect to the operation, maintenance and repair of the system and the provision of service within the Village. Those conditions which are not within the control of the system owner or operator or service provider include labor strikes, sabotage, riots or civil disturbances of a disastrous nature and effect, explosions, acts of public enemies, unusually severe or catastrophic weather conditions, natural disasters as declared by appropriate government officials, fires and wide-spread commercial power failures that exceed the capabilities of the backup or standby power supplies and capability of the system.
Those conditions which are expressly deemed to be within the control of the system owner or operator or service provider include, but are not limited to, financial situations other than the declaration of bankruptcy or insolvency, marketing promotions, loss of standby power up to the period of time for which the manufacturer has rated the standby power unit to operate, rate increases, regular or periodic periods of high demand with respect to labor intensive functions, the regular inspection and maintenance of the system, required testing of the system, the timely remedy of safety and other code violations and the timeliness and technological design with respect to any upgrade of the system.
Information or service that a system owner or operator or service provider makes available to all subscribers or users generally, including, but not be limited to, video, telephony and other voice services and the transmission of data.
Any individual, corporation, entity, estate, trust, partnership or any association of two or more persons or entities having a joint common interest or a joint-stock company.
That portion of the Village required or committed to be built and operated under a franchise.
All the property owned, installed, rented, leased or used by a system owner or operator or service provider holding a franchise granted under or otherwise subject to this chapter that is utilized in the operation of the system or the provision of service in the Village.
A written request to use or occupy the Village's property and rights-of-way for the purpose of constructing, operating, maintaining or repairing a system or to provide service in the Village using the public property and rights-of-way of the Village.
The Public Service Commission of the State of New York or any successor agency or Commission.
The periodic price paid by a subscriber or user for the receipt of any service provided by a system owner or operator or service provider or the use of the system by a user.
The compensation paid to the Village by a system owner or operator or service provider for the occupation and use of the public property and rights-of-way of the Village for commercial purposes.
An official act by the Village Board that removes, repeals or rescinds any franchise and authority to operate a system or provide service in the Village that is granted under or is subject to this chapter.
Any planned service interruption or diminution of signals for which the Village and subscribers or users are required to be and have been notified in advance and that does not exceed four hours in duration for any given address.
Any service that is provided by means of a system in the Village and shall include any service, use or other activity provided for commercial purposes that uses or is provided by means of the use of the system, regardless of the technology employed.
The loss of any service or incremental level of service or separately priced service, such as any service offered on a per-channel, per-event or per-showing basis or any other services that are delivered or provided by means of or that use a system or any components of the system.
Any person who provides service using a system that occupies or uses the Village's property or rights-of-way using broadband technology or otherwise providing service using a system as defined in this section and who owns a significant or attributable interest in the provider of such service or in the system; or who, through any arrangement, otherwise controls or is responsible for the management and operation of a service or system in the Village or who has the authority to establish or change policy or order the establishment or change of policy with respect to the provision of service or the system within the Village.
Any person or entity who directly or indirectly holds or owns a five-percent interest or ownership position in a system or the holder of a franchise permitting the construction and operation of a system or the provision of service in the Village.
Satellite master antenna television.
Any person or group of persons who:
A private system that does not cross or in any manner use any public or Village-owned property or rights-of-way and which is located entirely on private property and serves only private dwellings.
The State of New York.
The surface of and the space above and below a public street, path or thoroughfare designated for vehicular and/or pedestrian traffic and any easements associated therewith or other easement now or hereafter held by the Village and includes any sidewalks or other paved pedestrianways and any public or Village-owned rights-of-way.
A person lawfully receiving service delivered by a system owner or operator or a service provider.
A facility consisting of a set of closed transmission paths and associated facilities and equipment that is designed to provide service of a commercial nature, which includes the transmission of video, voice and data, or any combination of such services or transmissions, and voice-activated or electronic ordering capability or other uses or services which are provided to subscribers or users within the Village, including the provision or use of data used to maintain and operate the system. However, telecommunications system or system does not include the following:
A facility that serves only to retransmit the television signals of one or more broadcast stations; or
A facility that serves only subscribers or users in one or more multiple unit dwellings under common ownership, control or management, unless such facility occupies or uses any Village-owned property or Village rights-of-way for the provision of or to distribute service or to generate revenue for commercial purposes, in which case it shall be deemed a system; or
A facility of a common carrier which is subject to the provisions of Title II of the Communications Act of 1934, as amended, but only to the extent that such exemption relates to the services provided at the time the operating authority was originally granted, or that state or federal law, rule or regulation expressly exempts from compliance with this chapter.
Any facilities of any electric utility used solely for operating its electric utility.
A violation of this chapter or any franchise that is of de minimus negative effect on the Village or the public and that is not repeated after notice by the Village. Notwithstanding the preceding, a history or repeated pattern of the same or similar technical violations shall not be deemed a technical violation.
Any change in the ownership or legal or financial control of the entity granted a franchise or the person or other legal entity that, directly or indirectly through another person or legal entity, has financial or legal control over the holder of the franchise granted by the Village and who may order the establishment or change of policy as regards the operation of the system or the provision of service within the Village. For purposes of this chapter, a merger or consolidation of any kind shall be deemed a transfer. Any instance where the approval of the FCC or other federal agency or a state agency is required shall also be deemed a transfer and require the consent and approval of the Village Board.
The new holder of a franchise or other use or operating authority or the new possessor of legal or financial control of the entity granted a franchise, as approved by formal action of the Village Board.
United States Code.
A person utilizing a system and/or its equipment, facilities or capabilities for commercial purposes, as opposed to the receipt of service as a subscriber to service.
Programming generally considered comparable to programming historically provided by a television broadcast station or satellite distributed video programmer that is intended for mass reception. Further, video programming means a service whose use and value is largely determined by being able to be viewed.
The provision of cable television service or video programming service or other functionally equivalent video subscription service.
The Village of Woodbury, New York.
Any service that is transmitted through the air, whether employing microwave, radio frequency or a functionally equivalent technology. Programming from AM or FM radio broadcast stations received directly by the public off-air shall not be deemed wireless service.
A system or service that is provided through a wire, line, cable, fiber or any functionally equivalent closed system. A franchise for wireline service shall not automatically or inherently include the authority to receive, transmit, carry or transport wireless service. In order for a wireline telecommunications franchise to carry, transport or transmit wireless service, the franchise must expressly grant permission to do so.
Those days when the majority of retail businesses in the Village are customarily open for business.
In the context of and with respect to any construction, rebuild, upgrade, modification or maintenance activity of a system, the removal of the old cable, wires, parts and components of any portion of the system not currently and actively used in the provision of service in the Village.