For the purpose of this Franchise Agreement, capitalized terms,
phrases, words, and abbreviations shall have the meanings ascribed
to them in the Cable Communications Policy Act of 1984, as amended
from time to time, 47 U.S.C. §§ 521 through 631 (the
"Cable Act"), unless otherwise defined herein. When not inconsistent
with the context, words used in the present tense include the future,
words used to refer to the masculine include the feminine, and words
in the plural number include the singular number. The word "shall"
is mandatory and "may" is permissive. Words not defined in the Cable
Act or herein shall be given their common and ordinary meaning.
CABLE SERVICE or SERVICE
The one-way transmission to subscribers of video programming
or other programming service and 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
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within the franchise
area, and as further defined under § 602(7) of the Cable
Act.
CUSTOMER or SUBSCRIBER
A person or user of the cable system who lawfully receives
cable service therefrom with the franchisee's express permission.
FCC
The 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, agreement, permit, license, resolution, contract,
certificate, ordinance or otherwise, which authorizes the construction
and operation of the cable system.
FRANCHISE AREA
The present legal boundaries of the Town of Snow Hill, as of the effective date, and shall also include any additions thereto, by annexation or other legal means during the term of the franchise, as per the requirements set forth in §
A205-13L. of this agreement.
GROSS REVENUE
Revenue derived by the franchisee from the operation of the
cable system in the franchise area to provide cable service, calculated
in accordance with generally accepted accounting principles ("GAAP").
Gross revenue includes monthly basic cable, premium and pay-per-view
video fees, installation fees and subscriber equipment rental fees.
Gross revenue shall not include program launch support payments, revenue
from advertising and home shopping, refundable deposits, late fees,
investment income, nor any taxes, franchise fees or other fees or
assessments imposed or assessed by any governmental authority. Gross
annual revenues shall not include actual bad debt that is written
off, consistent with generally accepted accounting principles, provided
however, that all or any part of any such actual bad debt that is
written off, but subsequently collected, shall be included in the
gross annual revenues in the period so collected.
PERSON
Any natural person or any association, firm, partnership,
joint venture, corporation, or other legally recognized entity, whether
for-profit or not-for profit, but shall not mean the franchising authority.
PUBLIC BUILDINGS
Those buildings owned or leased by the franchising authority
for municipal government administrative purposes, and shall not include
buildings owned by franchising authority but leased to third parties
or buildings such as storage facilities at which government employees
are not regularly stationed.
PUBLIC WAY
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, alley, court, boulevard,
sidewalk, way, lane, public way, drive, circle, park or other public
right-of-way, including, but not limited to, public utility easements,
dedicated utility strips, or easements dedicated for compatible uses
and any temporary or permanent fixtures or improvements located thereon
now or hereafter held by the franchising authority in the franchise
area, which shall entitle the franchisee 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 franchising authority within the franchise 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 franchisee
to the use thereof for the purposes of installing, operating, and
maintaining the franchisee's cable system over poles, wires,
cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments, and other property as may be ordinarily necessary
and pertinent to the cable system.
TOWN
The Town of Snow Hill, Maryland.
VIDEO SERVICE PROVIDER or VSP
Any entity using the public rights-of-way to provide multiple
video programming services to subscribers, for purchase or at no cost,
regardless of the transmission method, facilities, or technology used.
A VSP shall include but is not limited to any entity that provides
cable services, multichannel multipoint distribution services, broadcast
satellite services, satellite-delivered services, wireless services,
and internet-protocol based services.