For the purpose of this chapter and any agreement awarding a franchise
in accordance herewith, the following terms, phrases, words and their
derivations shall have the meanings given herein, unless otherwise
specifically provided in this chapter, unless the context clearly
indicates otherwise or unless such meaning would be inconsistent with
the manifest intent of the Board:
ADDITIONAL SERVICE
Any communications service other than basic service, provided
directly over its cable communications system by the franchisee directly
or as a carrier to its parent, subsidiary or affiliated corporations
or any other person engaged in communications service, including,
but not limited to, burglar alarm, data or other electronic intelligence
transmission, facsimile reproduction, meter reading, subscription
programming, market surveying and home shopping.
AFFILIATED CORPORATION
(1)
Any person directly or indirectly owning, controlling or holding
with power to vote 5% or more of the outstanding voting securities
of the franchisee;
(2)
Any person 5% or more of whose outstanding voting securities
are directly or indirectly owned, controlled or held with power to
vote by the franchisee;
(3)
Any person directly or indirectly controlling, controlled by,
or under common control with the franchisee;
(4)
Any officer, director, partner, copartner or employee of the
franchisee;
(5)
If the franchisee is an investment company, any investment adviser
thereof or any member of an advisory board thereof; and
(6)
If the franchisee is an unincorporated investment company not
having a board of directors, the depositor thereof.
BASIC SERVICE
The complement of programming and services distributed by
the cable communications system to all subscriber terminals to all
locations within the Township for a basic monthly charge and includes:
(1)
Television broadcast signals required to be carried under federal
or local law; and
(2)
So-called public access programming; and
(3)
Any other services or programming at the option of the franchisee
as set forth in the franchise agreement; provided, however, that subscription
programming shall not be considered part of basic service.
BOARD
The Board of Commissioners of the Township of Aleppo.
BOOK VALUE
The original cost of the cable communications system less
book depreciation and exclusive of the value of the franchise as certified
by a certified public accountant selected by the Board of Commissioners,
with the expenses to be jointly shared by the Board and the franchisee.
CABLECASTING
Transmission of programming, exclusive of broadcast signals,
to subscribers.
CABLE COMMUNICATIONS SYSTEM
A nonbroadcast facility consisting of a set of transmission
paths with associated signal generation, reception and control equipment,
under common ownership and control, which distributes or is designed
to distribute to subscribers the signals of one or more television
broadcast stations. However, such term shall not include:
(1)
Any such facility that serves fewer than 50 subscribers; or
(2)
Any such facility that serves or will serve only subscribers
in one or more multiple-unit dwellings under common ownership, control
or management.
CHANNEL
A frequency band which is capable of carrying a standard
broadcast audio-video television signal.
CHANNEL LESSEE
A person leasing a cable channel for the presentation and
distribution of video-audio programs or other video-audio communications
over a cable channel for a specified fee.
DISCRETE SERVICES
Services available on the cable communications system which
may be provided to subscribers on an individual and/or group basis
and which may be particular to that subscriber and/or group and not
available system-wide. Discrete services are cable communications
services which are delivered by means of a technically segregated
signal.
DOWNSTREAM CHANNEL
A channel through which an electronic or other signal, originated
or converted at the head end or subhead ends, may be transmitted to
and received at the location of the subscriber's receiver.
FAIR MARKET VALUE
That price which a seller, dealing at arm's length, ready
and willing to sell and not compelled to sell, would accept for the
cable communications system when offered by a buyer, ready and willing
but not compelled to buy, exclusive of the value of the franchise.
FCC
The Federal Communications Commission or its legally appointed
successor.
FRANCHISE
The right granted through a contractual agreement between
the Township and a person by which the Township authorizes such person
to erect, construct, reconstruct, operate, dismantle, test, use and
maintain a cable communications system in the Township. Any franchise
awarded by an agreement in accordance herewith shall be a nonexclusive
franchise.
FRANCHISEE
The person or its legal successor in interest who executes
an agreement in accordance with the provisions of this chapter for
the erection, construction, reconstruction, operation, maintenance,
dismantling, testing, repair and use of a cable communications system
in the Township and who obtains appropriate waivers from the FCC to
do the same and who otherwise complies with the requirements of federal
law.
FRANCHISEE ORIGINATION
Programming, exclusive of broadcast signals and public access
programming, carried on a cable communications system over one or
more channels and subject to the exclusive control of the franchisee,
including, but not limited to, leased channels.
FRANCHISE FEE
The annual amount equal to 3% of the revenue received by
the franchisee from various sources and payable to the Township. The
basis for determining such fee, as well as the revenue sources upon
which it shall be based, shall be set forth as part of the franchisee's
initial proposal and shall be made part of any agreement awarding
a franchise. Such fee shall be made payable quarterly as specified
herein and shall be subject to change as specified herein.
HEAD END
Electronic equipment, including, inter alia, antennas, preamplifiers,
frequency converters, demodulators, modulators and related equipment,
used to amplify, filter and/or convert television signals for distribution
over the cable communications system's channels, including antenna
towers, satellite earth stations and any building housing any of the
above equipment.
LAW
Any federal or Pennsylvania constitution or statute, local
resolution or ordinance, including, but not limited to, those of the
Township, and all rules and regulations promulgated pursuant to any
of the same, now existing or hereafter adopted or amended, and interpretations
of the same by a court of competent jurisdiction.
LEASED CHANNEL
A channel leased by the franchisee to permit the presentation
and distribution of video-audio programming or other video-audio communications
to subscribers for a specified fee.
PARENT CORPORATION
Any corporation, other than the franchisee, in an unbroken
chain of corporations ending with the franchisee if, at the time of
the execution of the franchise agreement, each of the corporations
other than the franchisee owns stock comprising 50% or more of the
total combined voting power of all classes of stock in one of the
other corporations in such chain.
PERSON
Includes individual natural persons, firms, partnerships,
joint ventures, societies, organizations, clubs, associations, trustees,
trusts, corporations, companies or organizations of any kind; or any
officers, agents, employees, actors of any kind of person representative
of the above, in any capacity, acting either for himself or for any
other person, under either personal appointment or pursuant to law.
Whenever used in any clause prescribing a remedy, the term "person"
as applied to partnerships or associations includes the partners or
members thereof, and if applied to corporations, the officers thereof.
"Person" shall not include a municipal corporation.
PUBLIC ACCESS
Programming, exclusive of broadcast signals, produced by
persons, organizations or institutions other than the franchisee at
designated centers or otherwise for cablecast over any designated
public access channel.
SINGLE DROP
The connection between the cable communications system and
the subscriber's location and receiver therein.
STREET
Any area established for vehicular use or the entire width
between the boundary lines of every way publicly maintained when any
part thereof is open for public purposes. "Street" includes, but is
not limited to, highway, avenue, road, alley, right-of-way, lane,
boulevard, concourse, bridge, tunnel, parks, parkways, and overheads.
SUBSCRIBER
A person who receives any signal or service provided or distributed
by the cable communications system.
SUBSCRIPTION PROGRAMMING
Programming for which a per-program, per-channel, per-day,
per-time-period or other per-unit charge is made.
SUBSIDIARY CORPORATION
Any corporation, other than the franchisee, in an unbroken
chain of corporations beginning with the franchisee if, at the time
of the execution of the franchise agreement, each of the corporations
other than the last corporation in the unbroken chain owns stock comprising
50% or more of the total combined voting power of all classes of stock
in one of the other corporations in such chain.
UPSTREAM CHANNEL
A channel through which television signals emanating from
a subscriber's location and/or the location of any other entity
except the main transmitting facility of the franchisee is transmitted
via the cable communications system to the system head end or other
appropriate point.
USER
A person utilizing a cable communications channel and/or
production facilities for purposes of production and/or transmission
of electronic or other signals as opposed to receipt thereof as a
subscriber.