For purposes of this chapter, the following terms, phrases,
words, and their derivatives shall have the meanings set forth in
this chapter and any franchise granted by grantor, unless the context
clearly indicates that another meaning is intended or unless otherwise
more specifically defined in another chapter or code of the grantor.
Words used in the present tense include the future tense, words in
the single number include the plural number, words in the masculine
gender include the feminine, and words in the plural number include
the singular. The words "shall" and "will" are mandatory, and "may"
is permissive. Words not defined shall be given their common and ordinary
meaning.
Filing a written acceptance of a franchise on a form approved
by the grantor's Solicitor with the grantor's Secretary
notifying the grantee of such acceptance.
Channels as designated in a franchise to be used for public
access, educational access, or government access or any combination
thereof.
Each person, directly or indirectly, controlling, controlled
by, or under common control with the grantee; provided that "affiliate"
shall in no event mean any limited partner or shareholder holding
an interest of less than 25% of such grantee, or any creditor of such
grantee solely by virtue of its status as a creditor and which is
not otherwise an affiliate by reason of owning a controlling interest
in, being owned by, or being under common ownership, common management,
or common control with, such grantee.
The Cable Act,[1] all applicable FCC rules, this chapter, all generally
applicable ordinances, and state statutes and rules and regulations,
any amendments thereto, and any of the applicable federal and/or state
laws that are now existing or hereafter adopted or amended.
Any person that applies for a franchise pursuant to this
chapter.
The process by which an applicant submits a request and indicates
a desire to be granted an initial franchise to utilize the rights-of-way
of all, or a part, of grantor jurisdictional area. An application
includes all written documentation, statements and representations,
in whatever form or forum, made by an applicant to grantor concerning
the construction of a system over, under, on or through the rights-of-way;
the area proposed to be served within grantor by an applicant; the
portion of the rights-of-way proposed to be used by an applicant;
and any other matter pertaining to a proposed system, which is necessary
for a determination as to whether or not applicant meets the terms
and conditions established by this chapter.
To the extent required by federal law, any service tier that
includes the lawful retransmission of:
All commercial television broadcast signals carried in fulfillment
of the requirements of Section 614 of the Cable Act;[2]
Qualified local noncommercial educational television broadcast
signals carried in fulfillment of the requirements of Section 615
of the Cable Act;[3] and
Any public, educational, and governmental access programming
if required by a franchise agreement.
"Basic service" as defined herein shall be consistent with the
Cable Act[4] and federal law. A franchise agreement may include a more
expanded definition based upon mutual agreement between grantor and
a cable operator.
The Cable Communications Policy Act of 1984, Pub. L. No.
98-549, codified at 47 U.S.C. §§ 521 to 611 (1982 and
Supp. V. 1987), as amended by the Cable Television Consumer Protection
and Competition Act of 1992, P.L. No. 102-385, and the Telecommunications
Act of 1996, P.L. No. 104-104 (1996), as it may, from time to time,
be amended.
Any person or group of persons:
Programming provided by or generally considered comparable
to programming provided by a television broadcast station.
The one-way transmission to subscribers of i) video programming
or other programming service; and ii) subscriber interaction, if any,
which is required for the selection or use of such video programming
or other programming service, as such term is defined in the Cable
Act.[5]
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed or used to provide cable services and which is capable
of being provided to multiple subscribers within the grantor, but
such term does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations.
A facility that serves subscribers without using any rights-of-way.
A facility of a common carrier which is subject, in whole or
in part, to the provisions of 47 U.S.C. §§ 201 to 226,
except that such facility shall be considered a cable system [other
than for purposes of 47 U.S.C. § 541(c)] to the extent such
facility is used in the transmission of cable services directly to
subscribers.
Any facility of any electric utility used solely for operating
its electric utility system.
Costs associated with the purchase of video production assets,
products or other resources that will provide service and support
for access channels for more than one year, but shall not have any
meaning inconsistent with generally accepted accounting principles.
The combined eight communities, including Benner, College,
Ferguson, Halfmoon, Harris and Patton Townships and the Boroughs of
Bellefonte and State College.
A portion of the electromagnetic frequency spectrum which
is used in a cable system and which is capable of delivering a television
channel (as "television channel" is defined by the FCC by regulation).
An electronic device that converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber and, through the use of an appropriate channel selector,
permits a cable subscriber to view all authorized cable subscriber
signals delivered at designated converter dial locations.
Costs in the following categories:
State and local taxes and franchise fees applicable to the provision
of cable service;
Incidental costs of complying with franchise requirements, including
bond premiums and other security payments, insurance and indemnification
costs, penalties and liquidated damages, and the capital costs of
providing public, educational, and government access channels as required
by the local franchising authority;
Retransmission consent fees or copyright fees incurred for the
carriage broadcast signals;
FCC regulatory fees pursuant to 47 U.S.C. § 159; head
end equipment costs necessary for the carriage of digital broadcast
signals; and
Other programming costs.
Notwithstanding, in accordance with the FCC regulations, certain
other charges are not incidental and they are to be considered part
of the franchise fee assessment subject to the 5% cap: attorney fees,
consultant fees, application or processing fees that exceed the reasonable
cost of processing such submissions, and complimentary or discounted
services provided to grantors.
The cable or cables or other hardwire technologies that connect
the cable system to the subscriber's dwelling or residence to
the nearest feasible point on the system in order to receive cable
service.
The availability of channel positions on the cable system
for noncommercial educational or government use by agencies, institutions,
organizations, groups and individuals in the community, including
the grantor or their designees for the distribution of noncommercial
programming not under the grantee's editorial control and consistent
with applicable law, including:
EDUCATIONAL ACCESSAccess where local schools or education institutions, public or private, K-12, technical and community colleges, as well as other accredited institutions of higher learning, as the designated programmers having editorial control over their programming which shall concern their educational functions;
GOVERNMENT ACCESSAccess where the grantor, county, or other governmental entities, agencies or institutions, or their designees, as designated by the grantor are the primary or designated programmer having editorial control over its programming which shall concern governmental meetings, activities, services, or community affairs; and
EG ACCESS or EG ACCESS CHANNELEducational access and government access channels, collectively.
The Federal Communications Commission of the United States
Government.
Any tax, fee, or assessment of any kind imposed by the grantor
on a cable operator or its subscribers, or both, solely because of
their status and activities as such in accordance with Section 622(g)
of the Cable Act.[6]
The term "franchise fee" does not include:
Any tax, fee, or assessment of general applicability (including
any such tax, fee, or assessment imposed on both utilities and cable
operators or their cable services but not including a tax, fee, or
assessment that is unduly discriminatory against cable operators or
subscribers);
Capital costs that are required by a franchise to be incurred
by a grantee for public, educational or governmental (PEG) access
facilities;
Requirements or charges incidental to the award or enforcement
of a franchise, including payments for bonds, security funds, letters
of credit, insurance, indemnification, penalties, or liquidated damages;
Any permit fee or other such fee imposed under any valid ordinance;
Any fee imposed under Title 17 of the United States Code;
Grantor utility pole fees.
The initial authorization or renewal of the rights and obligations
extended by the grantor to a person to own, lease, construct, maintain,
or operate a cable system in the rights-of-way within the grantor
for the purpose of providing cable services. It shall not mean or
include: i) any other permit or authorization required for the privilege
of transacting and carrying on a business within the grantor required
by the ordinances and laws of the grantor, including the provision
of telecommunications services; (ii) any generally applicable permit,
agreement, or authorization required in connection with construction
and operations in the rights-of-way including, without limitation,
permits and agreements for placing devices on poles, conduits, or
other structures, whether owned by the grantor or a private entity,
or for excavating or performing other such work in or along the rights-of-way.
Cable operators shall be responsible for obtaining all generally applicable
permits, licenses, or other forms of approval or authorization necessary
prior to the commencement of any such construction activity. Notwithstanding,
standard service installations, routine maintenance, or repair or
replacement of parts on any part of the cable system or its appurtenances
(e.g., system passive devices, amplifiers, power supplies, pedestals,
or other related equipment) shall not require an operator to obtain
prior approval, authorization, permits, or licenses to perform such
activities from the grantor.
A person, including a cable operator, who has been granted
a franchise to provide cable service by grantor or is required to
have a franchise and that person or cable operator's agents,
employees, lawful successors, transferees, or assignees.
The Township of Halfmoon, Centre County, Pennsylvania.
Any revenue actually received by a grantee, or by any other
entity that is a cable service on a grantee's cable system, including
the grantee's affiliates, from the operation of the grantee's
cable system to provide cable services in accordance with general
accounting principles (GAAP). By way of illustration and not limitation,
this definition would include, without limitation, revenue derived
from basic service and other tiers of service, franchise fees paid
by subscribers, pay-per-view cable fees, installation and reconnection
fees, leased access channel fees; Converter rentals; locally derived
revenue from home shopping to the extent conducted through a cable
service; all lease access payments from the cable system; locally
derived advertising revenues; revenues from two-way transmissions
to the extent these transmissions are considered cable services under
federal law; payments or other consideration received by the grantee
for the use of the cable system to provide cable service or other
cable service and accounted for as revenue under GAAP. "Gross revenues"
shall include revenue received by any entity other than the grantee
where necessary to prevent evasion or avoidance of the obligations
under this Code or a franchise to pay the applicable franchise fees.
Revenues which are not directly attributable to specific subscribers,
including, but not limited to, leased access fees, advertising revenues,
and home shopping commissions, shall be allocated among the franchising
jurisdictions served by the grantee's cable system on a per subscriber
or other equitable basis measured in a consistent manner from period
to period. "Gross revenues" shall not include: i) to the extent consistent
with GAAP, bad debt; provided, however, that all or part of any such
bad debt that is written off but subsequently collected shall be included
in gross revenues in the period collected; ii) amounts collected from
subscribers for public, educational and governmental access; provided,
however, that this exclusion does not limit a grantee's ability
to pass through franchise related costs to the extent allowed by valid
applicable law; iii) any taxes on cable services furnished by grantee
which are imposed directly upon any subscriber or user by the state,
grantor or other governmental unit and which are collected by grantee
on behalf of said governmental unit.
A communication network which is constructed or operated
by grantee and which is generally available only for educational or
governmental use. The I-Net shall consist of capacity, fibers or both,
from both within the primary cable network and/or separately constructed
networks that may be dedicated to governmental, educational and other
publicly funded users for two-way, broadband communications. The I-Net
includes all equipment and maintenance of equipment required to make
the capacity available, including, but not limited to, fiber and coaxial
cable, cable modems, switching, routing, transmitting and receiving
necessary for the use of the network as set out in the individual
franchise.
The provision of capacity in a cable system made available
by a cable operator to governmental and educational buildings as determined
by the grantor, pursuant to the specific terms of the applicable franchise,
for noncommercial applications including, but not limited to, two-way
dedicated voice, video, data and telephony channels connecting and
interconnecting user facilities.
Those hours during which most similar businesses in the community
are open to serve customers, e.g., Monday through Friday, 9:00 a.m.
to 5:00 p.m. In all cases, normal business hours must include some
evening hours, at least one night per week, and/or some weekend hours.
Those conditions that are within the control of grantee.
Those conditions that are not within the control of grantee include,
but are not limited to, natural disasters, civil disturbances, power
outages, telephone network outages, vandalism, public works projects
for which no advanced notice is given, and severe or unusual weather
conditions.
Any video programming services provided to any person by
a grantee certified by the FCC to operate an open video system pursuant
to Section 653 of the Cable Act,[7] as may be amended, regardless of the facilities used.
Any corporation, partnership, proprietorship, individual,
organization, governmental entity or any natural person.
The availability of channel positions on the system for noncommercial
public use by grantor for the distribution of noncommercial programming
not under the grantee's editorial control and consistent with
applicable law. Further, "public access" shall mean access where organizations,
groups, or individual members of the general public are the designated
programmers having editorial control over their programming pursuant
to rules which may be promulgated by the grantor.
Any building or part thereof owned or leased or for the greater
part occupied by the grantor or other governmental unit for government
administrative purposes, but shall not include buildings owned by
grantor and leased to third parties or buildings such as storage facilities
at which government employees are not regularly stationed.
The reauthorization of a franchise granted to an existing
Cable operator as provided under applicable law and this chapter.
Any and all non-trade-secret documents and information required to be completed and/or kept or filed by a grantee on order of the Federal Communications Commission, state, or franchise. In accordance with valid applicable law and § 92-7 hereinabove, the grantor shall maintain such information as confidential to the extent that the Cable operator identifies specific information as such.
The surface of and the space above and below any public street,
public road, public highway, public freeway, public lane, public path,
public way, public alley, public court, public sidewalk, public boulevard,
public parkway, public drive or any public easement or rights-of-way
now or hereafter held by the grantor which shall, within its proper
use and meaning, entitle grantee to the use thereof for the purpose
of installing or transmitting over poles, wires, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances, attachments
and other property as may be ordinarily necessary and pertinent to
a cable system.
The loss of picture or sound on one or more channels on a
cable system.
Any cable service installation that can be completed using
a drop of 125 feet or less.
Any person who or which lawfully elects to subscribe for
any purpose to cable service provided by a grantee by means of, or
in connection with, the cable system and whose premises or facilities
are physically wired and lawfully activated to receive cable service
from grantee's cable system, including persons who receive cable
service without charge according to the terms of the franchise.
The transmission of electromagnetic signals, between or among
points specified by the user, of information of the user's choosing
without change in the form or content of the information as sent and
received regardless of the technology used. This term does not include
cable service.
The Telecommunications Act of 1996 codified at Title 47 of
the United States Code.
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public. This term does not include cable service,
which is instead subject to separate cable service franchising requirements
under this chapter.
Employees of a grantee who have the authority and capability
while speaking with a subscriber to, among other things, answer billing
questions, adjust bills, and schedule service and installation calls.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
[2]
Editor's Note: See 47 U.S.C. § 534.
[3]
Editor's Note: See 47 U.S.C. § 535.
[4]
Editor's Note: See 47 U.S.C. § 521 et seq.
[5]
Editor's Note: See 47 U.S.C. § 521 et seq.
[6]
Editor's Note: See 47 U.S.C. § 542(g).
[7]
Editor's Note: See 47 U.S.C. § 573.
