The present tense includes the future; the singular
number includes the plural, and the plural, the singular; and the
masculine gender includes the feminine gender. The words "shall" and
"will" are mandatory, and "may" is permissive.
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings indicated:
AFFILIATE
Any person who owns or controls, is owned or controlled by,
or is under common ownership or control with the franchisee.
BOARD
The Council of the Borough of Trappe.
BOROUGH
The Borough of Trappe, Trappe, Pennsylvania.
CABLE COMMUNICATIONS SYSTEM, CABLE SYSTEM, CATV, or CABLE TELEVISION
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.
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 is covered within the
terms and regulations of the Cable Act;
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 cable system [other than for purposes of Section 621(c) of the Cable
Act] to the extent such facility is used in the transmission of video
programming directly to subscribers;
D.
Any facilities of any electric utility used
solely for operating its electric utility systems; or
E.
A facility which provides noncable services
(other than those for public, educational and governmental use).
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 of such video programming or other
programming service.
CABLECAST SIGNAL
A nonbroadcast signal that originates within the facilities
of the cable communications system.
CHANNEL
A video channel shall include both the visual and aural carriers
and corresponding side bands which constitute the picture and sound
of a television program. If at any time during the term of any franchise
agreement entered into pursuant to this chapter the bandwidth necessary
to deliver a video signal decreases so that a video signal may be
delivered on a band of frequencies of less than six megahertz (MHz),
the channel capacity on the cable system shall be increased accordingly
if the Borough finds that such increase in channel capacity will not
result in a loss of signal quality or will meet any FCC signal quality
standards that may apply to such signals. A franchisee may establish
additional requirements concerning voice and data channels consistent
with the franchise agreement in order to ensure technical and operational
integrity and compatibility of the system, including switching, provided
they are consistent with the performance standards of this chapter
and the franchise agreement.
CLOSED-CIRCUIT OR INSTITUTIONAL SERVICE
Such video, audio, data, and other services provided to institutional
users on an individual application basis. These may include, but are
not limited to, one-way video, audio or digital signals among institutions
and, as may be specified in the franchise, to residential subscribers.
COMMERCIAL SUBSCRIBER
A subscriber who receives a service in a place of business
where the service may be utilized in connection with a business, trade
or profession and who pays the charges therefor.
COMMUNICATIONS POLICY ACT or CABLE ACT
The Cable Communications Policy Act of 1934, and the Cable
Communications Policy Act of 1984 as it may be amended or succeeded,
including the Cable Television Consumer Protection and Competition
Act of 1992, and/or any amendments.
CONVERTER
An electronic device which converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber, and any channel selector which permits a subscriber
to view all signals delivered at designated converter dial locations
at the set or by remote control.
DISCRETE CHANNEL
A channel which can only be received by the person and/or
institution intended to receive signals on such channel.
DROP
A coaxial connection from feeder cable to the subscriber/user
premises in accordance with the Cable Act.
FAIR MARKET VALUE
The price that a willing buyer would pay to a willing seller
for a going concern based on the system valuation prevailing in the
industry at the time, without the assignment of any value to the franchise
rights.
FCC
The Federal Communications Commission and any legally appointed
successor.
FRANCHISE
The nonexclusive rights granted pursuant to this chapter
to construct, operate and maintain a cable communications system along
the public ways within all or a specified area in the Borough. 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 Borough as required by other ordinances
and laws of the Borough.
FRANCHISE AGREEMENT
A contract entered into between the Borough and any franchisee
setting forth the specific terms and provisions of the grant of a
franchise pursuant to this chapter.
FRANCHISE AREA
The entire Borough, or portions thereof, for which a franchise
is granted under the authority of this chapter. If not otherwise stated
in the franchise agreement, the franchise area shall be the corporate
limits of the Borough, including all territory thereafter annexed
to the Borough.
FRANCHISE FEE
The percentage, as specified by the Borough, of the franchisee's
gross annual revenues from all sources payable in exchange for the
rights granted pursuant to this chapter and the franchise agreement.
The term "franchise fee" does not include any tax, fee or assessment
of general applicability that my be assessed against a franchisee
by the Borough, including but not limited to the Business Privilege
Tax.
FRANCHISEE or GRANTEE
The natural person(s), partnership(s), domestic and foreign
corporation(s), association(s), joint venture(s), or organization(s)
of any kind which has or have been legally granted a franchise by
the Borough, and its lawful successors, transferee or assignee.
GRANTOR
The Borough of Trappe as represented by the Borough Council
acting within the scope of its jurisdiction.
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 operation of the franchisee's cable 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, or per-program service;
installation, disconnection, re-connection, 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; revenues from the
sale or carriage of noncable services, including information services;
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. 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, Borough, or other governmental
unit and which are collected by the franchisee on behalf of said governmental
unit.
INSIDE WIRING
That portion of the wire installation within and about a
premise that is transferable upon purchase in accordance with the
Cable Act.
INSTALLATION
The connection of the system from feeder cable to subscribers'
terminals.
NARROWCASTING
The ability to distribute cable programming to a particular
segment or segments of the cable subscribers.
NONCABLE SERVICES
Except as expressly set forth in the franchise agreement,
the Borough has not granted authority for the provision of noncable
services except public, educational and governmental uses. The Borough
may grant authority for the provision of noncable services on whatever
terms and conditions the Borough reasonably determines are appropriate
in the circumstances, it being understood and agreed that, at a minimum,
in each case, such terms and conditions may include payment to the
Borough of compensation at rates different from those set forth for
franchise fees. The franchisee shall pay to the Borough an amount
equal to the reasonable costs for the use of the Borough's streets
to provide noncable services in the franchise area. Payment of such
costs and expenses shall not be deemed to be "franchise fees" within
the meaning of the Cable Act, and such payments shall not be deemed
to be "payments-in-kind" or involuntary payments chargeable against
the compensation to be paid to the Borough by the franchisee as franchise
fees; or part of the compensation to be paid to the Borough by the
franchisee as franchise fees.
PAY AUDIO/VIDEO
Any type of audio or audio/video service for which a fee
is charged.
PAY PER VIEW
Any channel for which a fee is charged for a single or multiple
viewing of a specific program.
PERSON
An individual, partnership, association, organization, corporation
or any lawful successor or transferee of said individual, partnership,
association, organization or corporation.
PUBLIC ACCESS CHANNEL
Any channel designated or dedicated for use by the general
public or organizations which is made available for use without charge
on a nondiscriminatory basis in accordance with the rules and regulations
specified in the franchise agreement.
PUBLIC WAY or PUBLIC RIGHTS 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, parkways, waterways,
utility easements or other public right-of-way now or hereafter held
by the Borough which shall entitle the Borough and the grantee to
the use thereof for the purpose of installing and maintaining the
grantee cable television system. No reference herein, or in any franchise,
to the "public way" shall be deemed to be a representation or guarantee
by the Borough that its title to any property is sufficient to permit
its use for such purpose, and the grantee shall, by its use of such
terms, be deemed to gain only such rights to use property in the Borough
as the Borough may have the undisputed right and power to give.
REASONABLE NOTICE
Where not elsewhere specified, written notice shall be addressed
to the grantee at its principal office within the Borough or such
other office as the grantee has designated to the Borough as the address
to which notice shall be transmitted to it, which notice shall be
certified and postmarked not less than 10 business days prior to that
day in which the party giving such notice shall commence any action
which requires the giving of notice. In computing said 10 business
days, holidays recognized by the Borough shall be excluded.
RESIDENT
Any person residing in the Borough, as defined by applicable
law.
RESIDENTIAL SUBSCRIBER
A subscriber who receives a service in an individual dwelling
unit where the service is not to be utilized in connection with a
business, trade or profession and who pays the charges therefor.
SALE
Includes any sale, exchange or barter transaction.
SCHOOL
Any public or nonprofit educational institution, including
primary and secondary schools, colleges and universities, both public
and private.
STATE
The Commonwealth of Pennsylvania.
SUBSCRIBER
Any person who legally receives cable services and/or noncable
services (to the extent franchisee is authorized to provide noncable
service).
SYSTEM FACILITIES or FACILITIES
Cable communications equipment used by the franchisee to
provide services in the franchise area; provided, however, such system
facility excludes buildings, contracts, facilities, and equipment
whose primary use is for providing service to other system facilities
located outside the Borough limits.
TIER
Any level of service having one or more channels offered
as a program service or group of services.
TRANSFER
Any transaction in which an ownership or other interest in
a franchisee, its cable system, or of 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 or controlling
interest 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" or "controlling
interest" means actual working control in whatever manner exercised,
including, without limitation, working control through ownership,
management, debt instruments or negative control, as the case may
be, of a system, a franchise or a franchisee. A rebuttable presumption
of the existence of control or a controlling interest may arise from
the beneficial ownership, directly or indirectly, by any persons or
group of persons acting in concert (other than underwriters during
the period in which they are offering securities to the public) of
5% or more of any person (which person or group of persons is hereinafter
referred to as "controlling person"). "Control" or "controlling interest"
as used herein may be held simultaneously by more than one person
or group of persons.
TRUNK LINE
The major distribution cable used in cable communications
which divides the feeder lines which are tapped for service to subscribers.
USER
A person or organization utilizing channel or equipment and
facilities for purpose of producing and/or transmission of material,
as contrasted with receipt thereof in a subscriber capacity.