For the purpose of this chapter the following terms, phrases
and words and their derivations shall have the meaning specified herein:
ADDITIONAL SERVICE
A subscriber service provided by the grantee for which a
special charge is made based on program or service content or time
of usage.
ARBOR VITAE CABLE COMMISSION
A commission established and maintained by the Town Board
of Supervisors with powers and duties to be established by the Town
Board.
BASIC SERVICE
All subscriber services provided by the grantee, including
the delivery of broadcast signals and programming originated over
the cable system, covered by the regular monthly charge paid by all
subscribers.
BOARD
The Town Board of Supervisors of the Town of Arbor Vitae
and any legally appointed or elected successor or agency.
BROADBAND TELECOMMUNICATIONS NETWORK
Any network of cables and other electrical and electronic
equipment, including cable television systems, used for the purpose
of transmission of electrical impulses of television, radio and other
intelligences, either analog or digital, for sale or use by the inhabitants
of the Town.
COMMENCE OPERATION
Operation will be considered commencing when sufficient distribution
facilities have been placed in use to offer full network service to
at least 25% of persons residing within the Town limits.
DATA GRADE
Coded transmissions primarily digital in nature.
dB
A unit of measure corresponding to a root mean square voltage
of one millivolt across 75 ohms.
FCC
The Federal Communications Commission and any legally appointed
or elected successor.
FRANCHISE FEE
Includes any charge imposed for a franchise whether the object
be regulation or revenue.
GRANTEE
Any person, firm, company, corporation or association to
whom a franchise is granted by the Town Board of Supervisors of the
Town of Arbor Vitae hereunder and the lawful successor or assignee
of such person, firm, company, corporation or association.
GROSS SUBSCRIBER REVENUES
Includes gross receipts from basic service, installation,
advertising, and all other revenue sources, including, but not limited
to, pay television service, leased channels, and discreet services.
HEAD END
The land, electronic processing equipment, antennas, tower,
building and other appurtenances normally associated with and located
at the starting point of a broadband telecommunications network.
INITIAL SERVICE AREA
That geographical area within the incorporated limits of
the Town which has been delineated in the maps attached hereto dated and entitled "initial service area."
OFFICE
The use of the title of any officer, employee or office shall
mean such officer, employee or office of the Town of Arbor Vitae unless
otherwise specifically designated.
PHYSICAL MILE OF PLANT
Messenger strand as measured from pole to pole without taking
into consideration sag or downguys, and, for buried plant, actual
trench feet.
SALE
Includes any sale, exchange, barter or offer for sale.
STATE
The State of Wisconsin.
STREET
Includes all streets, highways, avenues, lanes, alleys, courts,
places, squares, curbs, sidewalks or other public ways in the Town
which have been or may hereafter be dedicated and open to public use,
or such other public property so designated in any law of this state.
SUBSCRIBER
Any person, firm, company, corporation or association receiving
reception service from the grantee.
SUBSTANTIALLY COMPLETED
Operation will be considered substantially completed when
sufficient distribution facilities have been placed in use to offer
full network service to at least 90% of the inhabitants in the "initial
service area."
TOWN
The Town of Arbor Vitae or the area within the territorial
Town limits of the Town and such territory outside of this Town over
which the Town has jurisdiction or control by virtue of any constitutional
or charter provisions or any law.
VIDEO GRADE
Transmission primarily analog in nature, including the picture
phase of a television broadcast.
VOTE
Whenever the word refers to the members of the Board, the
vote required shall be in relation to the total membership rather
than to those present at the meeting.
The grantee of any franchise hereunder shall provide service
initially to all areas within the Town limits as indicated on the
maps attached hereto and made a part of this chapter, entitled "initial service
area."
By its acceptance of the franchise, the Grantee specifically grants and agrees that its application is hereby incorporated by reference and made a part of this chapter. In the event of a conflict between proposed service listed in said application and the provisions of this chapter, that provision which provides the greatest benefit to the Town, in the opinion of the Town Board, shall prevail. Failure to provide services as promised in the grantee's application, as incorporated herein, shall be deemed a breach of this chapter to which the provisions of §
133-17 of this chapter shall apply.
The grantee shall simultaneously file with the Town Clerk and
maintain copies of all petitions, applications, and communications
transmitted by the grantee to, or received by the grantee, from all
federal and state regulatory commissions or agencies having competent
jurisdiction to regulate the operations of any broadband telecommunications
network authorized hereunder.
All performance and technical standards governing construction,
reconstruction, installation, operation, testing, use, maintenance
and dismantling of the cable communications system provided for herein
shall be in accordance with all applicable FCC and other federal,
state, and local laws and regulations; provided, however, that the
Town may require such standards as it deems necessary unless specifically
prevented from doing so by law.
The grantee by his acceptance of any franchise awarded hereunder
does agree that said franchise is in lieu of any and all other rights,
privileges, powers, immunities and authorities owned, possessed, controlled
or exercisable by grantee in or pertaining to the installation and
operation of a broadband telecommunications network or similar system
in the incorporated limits of the Town and the acceptance of such
franchise shall also constitute an abandonment by grantee of any and
all such rights, privileges, powers, immunities or authorities within
the Town, to the effect that, as between grantee and Town, all construction,
operation and maintenance by the grantee of any network in the Town
shall be, and shall be deemed and construed in all instances and respects
to be, under and pursuant to said franchise and not under or pursuant
to any other right, privilege, power, immunity or authority whatsoever.
If any section, subsection, sentence, clause, phrase or work
of this chapter is, or any reason, held invalid or unconstitutional
by any Court of competent jurisdiction, such section, subsection,
sentence, clause phrase, or word shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity
of the remaining portions thereof.