The definitions as set forth in Chapter
142, the Penn Township Ordinance of Definition, are hereby incorporated into this chapter. In addition the following definitions shall apply:
ADDITIONAL SERVICES
Any video programming whether broadcast in digital or analog
including expanded basic, pay channels, pay-per-view events for additional
charges above the charge to subscriber for basic services and provided
to subscribers over the cable television system, but not including
basic services.
BASIC SERVICE
Any service tier which includes the retransmission of local
broadcast signals.
CABLE ACT
The Cable Communications Policy Act of 1984, as amended by
the Cable Television Consumer Protection and Competition Act of 1992
and as further amended by the Telecommunications Competition and Deregulation
Act of 1996 and as it may be further amended.
CABLE SERVICE
The one-way or two-way transmission to or from subscribers
of video programming, or other cable system services (including music)
and subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming or service which
constitute cable services under the Cable Act.
CABLE TELEVISION 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 services which includes video programming
to multiple subscribers within the Township, excluding however, those
facilities excluded from such definition of cable system in Section
602 of the Cable Act.
COMPANY
Any person granted a franchise by Penn Township to provide
cable services in Penn Township.
DIGITAL BASIC
Video services other than expanded basic, premium or pay-per-view
services that are offered as a tier in addition to basic service that
are transmitted by digital technology.
EXPANDED BASIC
The tier of video programming including basic service and
additional satellite delivered programming.
FRANCHISE
The nonexclusive right, privilege and authority granted by
this chapter to construct, maintain and operate a cable television
system in the Township, and shall permit, in addition to the privilege
to operate within the Township, the company to construct, maintain
and operate such cable television system with whatever wires or components
as are necessary, over, under or within all Township streets and rights-of-way.
FRANCHISE FEE
Any tax, fee or assessment required to be made to the Township
by the company for the right to operate in the Township and which
are allowed by Section 622(g) of the Cable Act and its regulations.
GROSS REVENUE
Any and all revenue including, without limitation, cash and
credits, arising from or attributable to the operation of the cable
system to provide cable services within the Township, calculated in
accordance with generally accepted accounting principles (GAAP). Except
as otherwise set forth herein, "gross revenue" shall include, but
not be limited to, the following: basic service fees; additional services
fees charged to subscribers for any kind of cable service other than
basic service; franchise fees, fees charged to subscribers for any
optional, per-channel, or per-program services; installation, relocation,
disconnection, reconnection, and change in service fees; fees for
leased access channels; rental or sales of any and all subscriber
equipment including addressable and non-addressable converters and
remote control devices, the portion of revenues attributable to the
Township as provided in this chapter from any and all locally derived
advertising revenue (excluding agency commissions), revenue derived
from national, regional and local advertising received by the area
system; locally derived commissions received from home shopping channels'
sales generated in the Township; fees for any and all music services;
fees for video-on-demand, sales of program guides, amp purchases,
late payment fees, and NSF check charges. "Gross revenue" shall not
include revenue from refundable deposits, bad debts, state sales taxes
or any taxes on services furnished by the company and directly imposed
upon any subscriber or user by the Township, state, federal or any
other government user or any revenues upon which the Township is not
permitted by regulation or statute to levy a franchise fee.
PEG
The acronym for "public, educational and governmental," used
in conjunction with access channels, support and facilities.
STREETS AND RIGHTS-OF-WAY
The surface of, as well as the space above and below, all
streets, roadways, highways, freeways, avenues, lanes, alleys, courts,
places, squares, curbs, sidewalks, easements, rights-of-way or other
public ways in the Township which have been or may hereafter be dedicated
and opened to public use, or such other public property so designated
by law which shall within their proper use and meaning entitle Township
and the company to access thereon for the purpose of installing cable
transmission lines over poles, wires, cables, conductors, ducts, conduits,
vaults, amplifiers, appliances, attachments as may be necessary and
pertinent to the cable television system in the Township.
SUBSCRIBER
A person or entity that contracts with the company for, and
lawfully receives, Cable services distributed by the cable system.