All multichannel video providers shall obtain a consent agreement
or franchise from the Charter Township of Cascade prior to providing
service to any resident, business or person within the Township, and
shall have a consent agreement or franchise in full force and effect
at all times while such service is being provided.
As used in this chapter, the following terms shall have the
meanings indicated:
MULTICHANNEL VIDEO PROVIDER
A person or entity who meets one or more of the following
tests:
A.
The provider is a cable operator as such term is defined in
the Federal Cable Act, being Title VI of the Federal Communications
Act of 1934, 47 U.S.C. §§ 521 and following, as amended,
or is otherwise required to obtain a franchise as such term is defined
in such Act.
B.
The provider is an operator of an open video system as such
term is defined in Title VI of the Federal Communications Act of 1934,
and implementing regulations, as amended.
C.
Any person or entity who provides multichannel video service
to a resident, business or person within the Township, where such
service is transmitted in whole or in part via wires or lines that
are in or cross any public right-of-way within the Township. The preceding
sentence shall apply whether the provider owns, leases or otherwise
obtains the right to use such wires or lines, including wires or lines
of a telecommunications provider used pursuant to tariff or otherwise
for such purpose. "Multichannel video service" as used herein shall
mean multiple channels of video programming where the individual video
channels are generally considered comparable to programming provided
by a television broadcast station or by a direct home satellite service.
D.
A person or entity providing multichannel video service is otherwise
required to obtain a franchise or consent agreement under applicable
law.