The following words, terms and phrases, when used in this Part
1, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACT
The Communications Act of 1934, as amended by the Cable Television
Consumer Protection and Competition Act of 1992, P.L. 102-385, and
as may be amended from time to time.
ACTIVATED CHANNELS
Those channels engineered at the head end of the cable system
for the provision of services generally available to residential subscribers
of the cable system, regardless of whether such services actually
are provided, including any channel designated for public, educational,
or governmental use.
AFFILIATE
When used in relation to any person, means another person
who owns or controls, is owned or controlled by, or is under common
ownership or control with such person.
BASIC CABLE SERVICE
Basic service. The basic service tier shall, at a minimum,
include all signals of domestic television broadcast stations provided
to any subscriber (except a signal secondarily transmitted by satellite
carrier beyond the local service area of such station, regardless
of how such signal is ultimately received by the cable system), any
public, educational, and governmental programming required by the
franchise to be carried on the basic tier, and any additional video
programming signals a service added to the basic tier by the cable
operator.
CABLE CHANNEL or CHANNEL
A portion of the electromagnetic frequency spectrum used
in a cable system and capable of delivering a television channel.
CABLE OPERATOR
Any person or group of persons who provides cable service
over a cable system and directly or through one or more affiliates
owns a significant interest in such cable system, or who otherwise
controls or is responsible for, through any arrangement, the management
and operation of such a cable system.
CABLE PROGRAMMING SERVICE
Any video programming provided over a cable system, regardless
of service tier, including installation or rental of equipment used
for the receipt of such video programming, other than:
A.
Video programming carried on the basic service tier;
B.
Video programming offered on a pay-per-channel or pay-per-program
basis; or
C.
A combination of multiple channels of pay-per-channel or pay-per-program
video programming offered on a multiplexed or time-shifted basis so
long as the combined service:
(1)
Consists of commonly identified video programming; and
(2)
Is not bundled with any regulated tier of service.
CABLE SERVICE
The one-way transmission to subscribers of video programming,
or other programming service and subscriber interaction, if any, required
for the selection of such video programming or other programming service.
CABLE SYSTEM or 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 service, which includes video programming
and which is provided to multiple subscribers within a community;
but such term does not include:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such
facility or facilities uses any public right-of-way;
C.
A facility of a common carrier subject, in whole or in part,
to the provisions of Title II of the Communications Act of 1934, as
amended, except that such facility shall be considered a cable
system to the extent such facility is used in the transmission of
video programming directly to subscribers; or
D.
Any facility of any electric utility used solely for operating
its electric utility systems.
COMMERCIALLY IMPRACTICABLE
With respect to any requirement applicable to a cable operator,
means that it is commercially impracticable for the cable operator
to comply with such requirement as a result of a change in conditions
that is beyond the control of the cable operator and the nonoccurrence
of which was a basic assumption on which the requirement was based.
COMMERCIAL USE
The provision of video programming, whether or not for profit.
FCC
Any agency of the United States, including the Federal Communications
Commission, Washington, D.C.
FRANCHISE
An initial authorization or renewal issued by a franchising
authority, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, agreement or otherwise,
which authorizes the construction or operation of a cable system.
FRANCHISE EXPIRATION
The date of the expiration of the term of the franchise as
provided under the franchise agreement.
FRANCHISE FEE
The fee to be paid by a cable operator pursuant to §
32-20 and includes any tax, fee or assessment of any kind imposed by the Township on a cable operator or cable subscriber, or both, solely because of their status as such. The term does not include:
A.
Any tax, fee or assessment of general applicability (including
any such tax, fee or assessment imposed on both utilities and cable
operators or their services but not including a tax, fee or assessment
that is unduly discriminatory against cable operators or cable subscribers);
B.
Capital costs required by the franchise to be incurred by the
cable operator for public, educational or governmental access facilities;
C.
Requirements or charges incidental to the awarding or enforcing
of the franchise, including payments for bonds, security funds, letters
of credit, insurance, indemnification, penalties or liquidated damages;
D.
Any fee imposed under U.S.C. Title 17.
FRANCHISING AUTHORITY
Any governmental entity empowered by federal, state or local
law to grant a franchise.
GROSS REVENUES
Unless otherwise provided by federal or state law, means
the total revenues received by the cable operator from all cable services
in the Township being subject to this Part 1 and includes all forms
of consideration such as initial lump sum payments or connection charges,
advertising and security services.
INCREASE IN RATES
An increase in rates or a decrease in programming or customer
services.
INSTITUTIONAL NETWORK
A communication network constructed or operated by the cable
operator and generally available only to subscribers who are not residential
subscribers.
NORMAL BUSINESS HOURS
Those hours during which most similar businesses in the community
are open to serve customers. In all cases, normal business hours must
include some evening hours at least one night per week and/or some
weekend hours.
NORMAL OPERATING CONDITIONS
Those service conditions within the control of the cable
operator. Those conditions that are not within the control of the
cable operator include but are not limited to natural disasters, civil
disturbances, power outages, telephone network outages, and severe
or unusual weather conditions. Those conditions that are ordinarily
within the control of the cable operator include but are not limited
to special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the
cable system.
SERVICE TIER
A category of cable service or other services provided by
a cable operator and for which a separate rate is charged by the cable
operator.
SMALL SYSTEM
A cable television system that serves fewer than 1,000 subscribers.
The service area of a small system shall be determined by the number
of subscribers that are served by a system's principal head end,
including any other head ends or microwave receiving sites that are
technically integrated to the system's principal head end.
STATE
The State of Michigan or political subdivision or agency
of the state.
STREET
Streets, avenues, highways, boulevards, concourses, driveways,
bridges, tunnels, parks, parkways, waterways, alleys, all other public
rights-of-way, and public grounds or waters within or belonging to
the Township being subject to this Part 1.
VIDEO PROGRAMMING
Programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.
Use of the public rights-of-way within the Township by any telecommunication provider shall comply with Article
III, Public Rights-of-Way, of Chapter
28 of the Pittsfield Charter Township Code.
A. Construction and installation of system. Subject to the provisions
and restrictions of the franchise, this Part 1, and federal and state
law, the cable operator shall have the right to construct, erect,
operate and maintain in, upon, along, across, above, over and under
the streets, alleys, public ways and public places now laid out or
dedicated, and all their extensions and additions in the Township,
poles, wires, cables, underground conduits, manholes, and other conductors
and fixtures necessary for the maintenance and operation of a CATV
system in the Township; and to lease, rent or in any other lawful
manner obtain the use of towers, poles, lines, cables, and other equipment
and facilities from any and all holders of public licenses and franchises
within the limits of the Township, including but not limited to Detroit
Edison Company and Michigan Bell Telephone Company, and to use such
facilities on such terms as agreed upon subject to all existing and
future ordinances of the Township. The poles used for the cable operator's
distribution system shall be those erected and maintained by Detroit
Edison Company and/or Michigan Bell Telephone Company when and where
applicable, providing mutually satisfactory rental arrangements can
be entered into with those companies.
B. Erection, removal and common use of poles. No poles or other wire-holding
structures shall be erected by the cable operator without prior approval
of the Township with regard to location, height, type and other pertinent
aspect. However, no location of any pole or wire-holding structure
of the cable operator shall be a vested interest, and such pole and
structure shall be removed or modified by the cable operator at its
expense whenever the Township determines that the public convenience
would be enhanced thereby. Where poles or other wire-holding structures
already in existence for the use in serving the Township are available
for use by the cable operator but it does not make arrangements for
such use, the Township may require the cable operator to use such
poles and structures if the Township determines that the public convenience
would be enhanced thereby and the terms of the use available to the
operator are just and reasonable. Where the Township or a public utility
serving the Township desires to make use of the poles or other wire-holding
structures of the cable operator but agreement with the cable operator
cannot be reached, the Township may require the cable operator to
permit such use for such consideration and upon such terms as the
Township Board of Trustees shall determine to be just and reasonable
if the Township Board of Trustees determines that the use would enhance
the public convenience and would not unduly interfere with the cable
operator's operation.
C. Underground locations. In those areas of the Township where transmission
or distribution facilities of both the current public utility providing
telephone service and the utility providing electric service are underground,
the cable operator shall likewise construct, operate and maintain
all of its transmission and distribution facilities underground to
the maximum extent that then existing technology permits, and in conformance
with the then existing National Electrical Safety Code, the Bureau
of Standards Handbook and Telephone Systems Practices governing joint
attachments and practices, as well as in conformance with all applicable
state and local ordinances and codes. If and when necessary, amplifiers
and/or transformers in the cable operator's transmission and
distribution lines may be located in housings upon the surface of
the ground. The housings and the location and construction of all
work required by or pursuant to this Part 1 shall be approved in advance
by the Township.
D. Construction; Township approval. Prior to the commencement of construction,
the cable operator shall obtain the Township's approval, which
shall not be unreasonably withheld. The cable operator where practicable
shall utilize existing poles in the Township. It is the stated intention
of the Township that all holders of public franchises and rights within
the corporate limits of the Township will cooperate with the cable
operator's usage of their poles and pole line facilities whenever
possible so that the number of new or additional pole line facilities
installed within the Township may be minimized.
The Township, in accordance with federal and state law, may
establish or enforce any requirement respecting equal employment opportunity,
including any requirement that affords equal employment opportunity
protection for employees, and may establish, enforce or encourage
any cable operator to conduct business with enterprises owned or controlled
by members of minority groups or have their principal operators located
in the Township.
This Part
1 is granted subject to the right of the Township or the cable operator to renegotiate the terms of the franchise at any time after the effective date of the franchise agreement upon 30 days' notice to the cable operator if federal or state regulations alter the fees, service, conditions or standards upon which the CATV system is to operate. Nothing contained in this section shall be construed to prohibit the Township from exercising its right to modify this agreement unilaterally in the absence of notice from the cable operator that renegotiation is desired.