In this Article unless the context clearly indicates that another
meaning is intended, the following terms, phrases, words and their
derivations have the meaning given herein. When not inconsistent with
the context, words used in the present tense include the future, words
in the singular number include the plural number. The word "shall"
is always mandatory.
AGENCY
The Mayor and Town Council or the person, department, or
agency designated by the Mayor and Town Council, by resolution, to
act for them in administrative matters relating to cable television.
AUXILIARY SERVICES
Any communications service in addition to "regular subscriber
services", including, but not limited to pay TV, burglar alarm service,
data transmission, facsimile service and home shopping service.
CABLE TELEVISION SYSTEM OR CATV SYSTEM
Any facility that in whole or part, receives directly or
indirectly, over the air, and amplifies or otherwise modifies the
signals transmitting programs broadcast by one or more television
or radio stations and distributes such signals by wire or cable to
subscribing members of the public who pay for such service.
CHANNEL
A band of frequencies 6 megahertz wide in the electromagnetic
spectrum capable of carrying either one audio-visual television signal
and a few non-video signals or a large number of non-video signals.
FEDERAL COMMUNICATIONS COMMISSION OR FCC
The agency of the United States Government of that name as
constituted by the Communications Act of 1934, or any successor agency
established by the United States Government.
FRANCHISE
An authorization granted by the Town of Forest Heights which
permits the construction, operation and maintenance of a cable television
system within the franchise area under condition not inconsistent
with this ordinance.
FRANCHISE AREA
That part of the franchise entity for which a franchise is
granted under the authority of this ordinance and may or may not be
coterminous with the franchise entity.
FRANCHISE ENTITY
The Town of Forest Heights, Maryland, as presently constituted
and includes any area that may be added to it during the terms of
any franchise granted under this Article.
GRANTEE
Any entity, its successors, heirs or assigns that is awarded
a franchise under this ordinance.
GROSS REVENUE
Revenue derived directly or indirectly by a grantee from
both regular subscriber service and auxiliary services.
GROSS SUBSCRIBER REVENUE
Revenue derived directly or indirectly by a grantee from
supplying regular subscriber service; that is, installation fees,
disconnect and reconnect fees, and fees for regular cable benefits
including the transmission of broadcast signals and access and organization
channels if utilized. "Gross subscriber revenue" does not include
revenue derived from auxiliary services or from any taxes whether
or not passed on to users, per program or per channel charges, leased
channel revenues, advertising revenues or any other income derived
from the system.
MAJOR STOCKHOLDER
A beneficial owner, directly or indirectly, of 10% or more
of the issued and outstanding voting stock of any corporation.
PERSON
People, firms, corporations, associations or other legally
recognized entities.
PUBLIC WAY
The surface of and the space above and below any public street,
avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park,
parkway, waterway, dock, bulkhead, wharf, pier, alley, right-of-way,
public utility easement, and any other public ground or water subject
to the jurisdiction and control of the franchise entity.
REGULAR SUBSCRIBER SERVICE
That service regularly provided to all subscribers, including
all broadcast signal carriage, FCC-required access channel carriage
including origination programming, but it does not include specialized
programming for which a per-channel charge is made.
SUBSCRIBER
Any person receiving regular subscriber service.
With the exception of the Mayor and Town Council, a person may
not own, operate or solicit subscribers for any cable television system
in the Town of Forest Heights, except by franchise granted by resolution
of the Mayor and Town Council.
Any cable television system constructed by a grantee shall be
installed, maintained, and operated at all times in full compliance
with the technical and channel capacity standards of the Federal Communications
Commission. The results of annual performance tests conducted in accordance
with Sec. 76.601(c), FCC rules (or such other section of the rules
as shall incorporate its substance) shall be retained for at least
five years and made available for inspection by the Town of Forest
Heights.
Throughout the term of the franchise the grantee shall:
A. Install
and maintain its wires, cables, fixtures and other equipment in accordance
with the requirements of the Town and County building, electrical,
fire, health and plumbing codes, and in such manner that they will
not interfere with any installations of the Town of Forest Heights;
and
B. Keep
and maintain in a safe, suitable, substantial condition, and in good
order and repair, all structures lines, equipment, and public ways
or places of the Town, wherever situated or located.
Throughout the term of the franchise, a grantee shall:
A. Maintain
all parts of its system in good condition and in accordance with standards
generally observed by the cable television industry. Sufficient employees
shall be retained to provide safe, adequate and prompt service for
all of its facilities.
B. Maintain
a conveniently located business office and service center to which
subscribers may telephone without incurring added message units or
toll charges. This office shall be open during all usual business
hours, and be so operated that complaints and requests for repairs
or adjustments may be received by telephone at any time when any television
signals are being broadcast.
C. Dispatch
personnel to investigate all service complaints and equipment malfunctions
within 24 hours and strive to resolve such complaints as promptly
as possible. Planned interruption of service shall be only for good
cause. Insofar as possible, planned service interruptions shall be
preceded by notice, be of brief duration, and occur during minimum
viewing hours.
D. Maintain
a complete list of all complaints received and the measures-taken
to resolve them in form to be approved by agency. This list shall
be available to the agency on request.
E. Permit
the agency to inspect and test the system's technical equipment
and facilities on reasonable (12 to 24 hours') notice.
A grantee may not disseminate information to any person without
the express written permission of a subscriber as to the name, address
or other indication of the identity of that subscriber or any other
information furnished by that subscriber in conjunction with a request
for service. A grantee may not require of any person as a condition
of receiving services from the grantee (1) consent to the dissemination
of personal information, or (2) a waiver of any right granted under
this section. The agency is entitled to audit the records of the grantee
to determine compliance with this section.
Concurrently with the acceptance of its franchise, a grantee
shall file with the Town a bond with an acceptable surety in an amount
designated by the Town of Forest Heights to indemnify the Town against
any losses it may suffer in the event the grantee fails to comply
with any provision of this Article, its franchise or any duly promulgated
regulation, order or resolution of the Mayor and Town Council or agency
made pursuant to a franchise or this Article. Said bond shall be obtained
at the sole expense of the grantee and remain in effect for the full
term of the franchise or any renewal thereof, plus an additional six
months thereafter.
The Town of Forest Heights is entitled to collect a franchise
fee in such amount, as may be from time to time established by the
Mayor and Town Council, for each franchise granted.
The Town of Forest Heights may include, as part of any franchise,
any conditions it deems beneficial to the subscribers in the franchise
area including the regulation of any rates charged to such subscribers.
The Mayor and Town Council shall establish the duration of each
franchise granted under this Ordinance and the conditions for any
renewal thereof.
This Article does not prohibit the erection or continued use
of individual television antennas or require any person to receive
cable television service or connect with a cable television system.
The Mayor and Town Council may delegate any right, benefit,
duty, obligation or power under this ordinance to the agency or any
employee, officer or department of the Town of Forest Heights.
Any person, including an officer or employee of a grantee, violating
the provisions of this Article or a franchise agreement granted under
this Article shall be guilty of a misdemeanor and shall, on conviction,
be fined not more than $100, be imprisoned for not more than 30 days
or both. A conviction for one offense shall not be a bar to a conviction
for a continuation of such offense subsequent to the first or any
succeeding conviction.