Definitions. The following terms shall
have the following meanings unless otherwise defined by context:
FRANCHISE AREA
The total geographic area of the City authorized to be served
by an incumbent cable television operator or incumbent local exchange
carrier, or affiliate thereof.
GROSS REVENUES
The total amounts billed to subscribers or received from
advertisers for the provision of video services within the City, including:
1.
Recurring charges for video service;
2.
Event-based charges for video service,
including, but not limited to, pay-per-view and video-on-demand charges;
3.
Rental of set top boxes and other
video service equipment;
4.
Service charges related to the provision
of video service, including, but not limited to, activation, installation,
repair, and maintenance charges;
5.
Administrative charges related to
the provision of video service, including, but not limited to, service
order and service termination charges; and
6.
A pro rata portion of all revenue
derived, less refunds, rebates, or discounts, by a video service provider
for advertising over the video service network to subscribers, where
the numerator is the number of subscribers within the City and the
denominator is the total number of subscribers reached by such advertising;
but gross revenues do not include:
a.
Discounts, refunds, and other price
adjustments that reduce the amount of compensation received by a video
service provider;
d.
Amounts billed to subscribers to
recover taxes, fees, or surcharges imposed on subscribers or video
service providers in connection with the provision of video services,
including the video service provider fee authorized herein;
e.
Fees or other contributions for PEG
or I-Net support; or
f.
Charges for services other than video
service that are aggregated or bundled with amounts billed to subscribers,
provided the video service provider can reasonably identify such charges
on books and records kept in the regular course of business or by
other reasonable means. Except with respect to the exclusion of the
video service provider fee, gross revenues shall be computed in accordance
with generally accepted accounting principles.
HOUSEHOLD
An apartment, a house, a mobile home, or any other structure
or part of a structure intended for residential occupancy as separate
living quarters.
INCUMBENT CABLE OPERATOR
The video service provider(s) serving video subscribers within
the City of O'Fallon, Missouri, prior to the effective date of this
Chapter.
LOW INCOME HOUSEHOLD
A household with an average annual household income of less
than thirty-five thousand dollars ($35,000.00) as determined by the
most recent decennial census.
PERSON
An individual, partnership, association, organization, corporation,
trust, or government entity.
SUBSCRIBER
Any person who receives video services in the franchise area.
VIDEO SERVICE
The provision of video programming provided through wireline
facilities, without regard to delivery technology, including Internet
protocol technology, whether provided as part of a tier, on demand,
or a per-channel basis, including cable service as defined by 47 U.S.C. § 522(6),
but excluding video programming provided by a commercial mobile service
provider defined in 47 U.S.C. § 332(d), or any video programming
provided solely as part of and via a service that enables users to
access content, information, electronic mail, or other services offered
over the public Internet.
VIDEO SERVICE AUTHORIZATION
The right of a video service provider or an incumbent cable
operator that secures permission from the Missouri Public Service
Commission pursuant to Sections 67.2675 to 67.2714, RSMo., to offer
video service to subscribers.
VIDEO SERVICE NETWORK
Wireline facilities, or any component thereof, that deliver
video service, without regard to delivery technology, including Internet
protocol technology or any successor technology. The term "video service
network" shall include cable television systems.