As used in this chapter, the following terms shall have the meanings
indicated:
ACCESS CHANNEL
Any channel on a cable system set aside by a franchisee for
public, educational, or governmental use.
AFFILIATE
Any person who owns or controls, is owned or controlled by,
or is under common ownership or control with a franchisee.
BOARD
The Board of County Commissioners of the County.
CABLE ACT
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq.
CABLE OPERATOR
A person or group of persons:
(1)
Which, directly or through one or more affiliates, provides
cable service and, directly or through one or more affiliates, owns
a significant interest in such a system; or
(2)
Which otherwise controls or is responsible for, through any
arrangement, the management and operation of such a cable system.
CABLE SERVICE
(1)
The one-way transmission to subscribers of video programming
or other programming service; and
(2)
Subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service.
CABLE SYSTEM or SYSTEM
A facility consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable television service which includes
video programming and which is provided to multiple subscribers within
the County, but such term does not include:
(1)
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
(2)
A facility that serves subscribers without using any public
rights-of-way;
(3)
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act,
except that such facility shall be considered a cable system if such
facility is used in the transmission of video programming directly
to subscribers;
(4)
An open video system that complies with 47 U.S.C. § 573;
or
(5)
Any facilities of any electric utility used solely for operating
its electric utility system.
CHANNEL
A portion of the electromagnetic frequency spectrum that
is used in a cable system and that is capable of delivering a television
channel as defined by the FCC.
CONVERTER
An electronic device which may serve as an interface between
a system and a subscriber's television receiver or other terminal
equipment, and which may perform a variety of functions, including
signal security, descrambling, electronic polling, frequency conversion
and channel selection.
COUNTY
Charles County, Maryland, and any agency, department, or
agent thereof.
FCC
The Federal Communications Commission, its designee, or any
successor governmental entity thereto.
FRANCHISE
A nonexclusive authorization granted pursuant to this chapter
to construct, operate, and maintain a cable system along the public
rights-of-way to provide cable service within all or a specified area
of the County. Any such authorization, in whatever form granted, shall
not mean or include:
(1)
Any work permit required for excavating or performing other
work in or along public rights-of-way; or
(2)
Any generally applicable business license required for the privilege
of transacting and carrying on a business with the County.
FRANCHISE AGREEMENT
A contract entered into pursuant to this chapter between
the County and a franchisee that sets forth the terms and conditions
under which a franchise will be granted and exercised.
FRANCHISE AREA
The area of the County that a franchisee is authorized to
serve by its franchise agreement.
FRANCHISEE
A natural person, partnership, domestic or foreign corporation,
association, joint venture, or organization of any kind that has been
granted a franchise by the County.
INSTALLATION
The connection of a cable system from feeder cable to subscriber
terminals and the provision of service.
PEG
Public, educational, and governmental.
PERSON
An individual, partnership, association, joint-stock company,
organization, corporation, or any lawful successor thereto or transferee
thereof, but such term does not include the County.
PUBLIC ACCESS CHANNEL
Any channel on a cable system set aside by a franchisee for
use by the general public.
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, waterway, easement, or
similar property within the County which, consistent with the purposes
for which it was dedicated, may be used for the purpose of installing
and maintaining a cable system.
SECURITY FUND
A performance bond, letter of credit, or cash deposit, or
any or all of these, to the extent applicable to a given franchisee.
SERVICE INTERRUPTION
Loss of picture or sound on one or more channels, or degradation
of picture or sound beyond practically usable levels.
SUBSCRIBER
Any person who lawfully receives any service delivered over
a cable system.
SYSTEM UPGRADE
A major improvement or enhancement in the technology or service
capabilities made by the franchisee to its cable system.
TRANSFER
(1)
Any transaction in which:
(a)
An ownership or other right, title, or interest of more than
10% for voting interests or 20% for nonvoting interests in a franchisee
or its cable system is transferred, sold, assigned, leased, sublet,
or mortgaged, directly or indirectly, in whole or in part;
(b)
There is any change of control of a franchisee;
(c)
The rights or obligations held by a franchisee under the franchise
are transferred, directly or indirectly, to another party;
(d)
Any change or substitution occurs in the managing general partners
of a franchisee; or
(e)
A franchisee, or its corporate parent at any level, enters into
a transaction that materially increases, directly or indirectly, the
debt that is to be borne by the cable system in a manner that may
adversely affect system rates or services.
(2)
Does not include a transaction involving only persons who own,
are owned by, or are under common ownership with the franchisee if
the transaction does not materially affect the ultimate control of
the franchisee or the sources and amounts of funds available to the
franchisee.
(3)
"Control," for purposes of this definition, means the legal
or practical ability to exert actual working control over the affairs
of a franchisee, either directly or indirectly, whether by contractual
agreement, majority ownership interest, any lesser ownership interest,
or in any other manner.
USER
A person or organization lawfully using a channel or equipment
and facilities for purposes of producing or transmitting material,
as contrasted with the purpose of receiving material in the capacity
of a subscriber.