Terms. For the purpose of this ordinance, the following terms,
phrases, words and abbreviations shall have the meanings ascribed
to them below. When not inconsistent with the context, words used
in the present tense include the future tense, words in the plural
number include the singular number, and words in the singular number
include the plural number:
AFFILIATE
An entity which owns or controls, is owned or controlled
by, or is under common ownership with grantee.
BASIC CABLE SERVICE
The service tier which includes the retransmission of local
broadcast television signals required to be carried on the cable system,
for which grantee charges the lowest monthly charge.
CABLE ACT
The Cable Communications Policy Act of 1984, as amended.
CABLE SERVICE
(i) The one-way transmission to subscribers of video programming
or other programming service, and (ii) subscriber interaction, if
any, which is required for the selection or use of such video programming
or other programming service.
CABLE SYSTEM
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
or other communications equipment that is designed to provide cable
service to subscribers.
FCC
Federal Communications Commission or successor governmental
entity thereto.
FRANCHISE
The initial authorization, or renewal thereof, issued by
the franchising authority, whether such authorization is designated
as a franchise, permit, license, resolution, contract, certificate,
or otherwise, which authorizes construction and operation of the cable
system for the purpose of offering cable service or other service
to subscribers.
FRANCHISE AUTHORITY
The Borough of Vandergrift, or the lawful successor, transferee
or assignee thereof.
GRANTEE
Comcast of California/Pennsylvania/Utah/Washington, Inc.
or the lawful successor, transferee or assignee thereof.
GROSS REVENUE
The revenue derived by the grantee from the operation of
the cable system in the service area to provide cable services, calculated
in accordance with generally accepted accounting principles, including
but not limited to monthly basic, expanded basic, premium, pay-per-view
fees, installation fees, equipment rental fees, late fees, leased
access fees, advertising and home shopping revenue, and the amount
of the franchise fee itself. Gross revenue shall not include refundable
deposits, bad debt, investment income, nor any taxes, fees or assessments
imposed or assessed by any governmental authority.
PERSON
An individual, partnership, association, joint stock company,
trust corporation, or governmental entity.
PUBLIC WAY
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, alley, court, boulevard,
sidewalk, parkway, way, lane, public way, drive, circle or other public
right-of-way, including public utility easements, dedicated utility
strips or rights-of-way dedicated for compatible uses and any temporary
or permanent fixtures or improvements located thereon now or hereafter
held by the franchise authority in the service area which shall entitle
the franchise authority and the grantee to the use thereof for the
purpose of installing, operating, repairing and maintaining the cable
system. "Public way" shall also mean any easement now or hereafter
held by the franchise authority within the service area for the purpose
of public travel or for utility or public service use dedicated for
compatible uses, and shall include other easements or rights-of-way
as shall within their proper use and meaning entitle the franchise
authority and the grantee to use thereof for the purposes of installing
or transmitting grantee's cable service or other service over
poles, wires, cables, conductors, ducts, conduits, vaults, manholes,
amplifiers, compliances, attachments and other property as may be
ordinarily necessary and pertinent to the cable system. This definition
does not include private property, streets or easements.
SERVICE AREA
The present municipal boundaries of the franchising authority
and shall include any additions thereto by annexation or other legal
means.
SUBSCRIBER
A person or entity who lawfully receives cable services or
other service therefrom with grantee's express permission.
VIDEO PROGRAMMING
Programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.