A.
Definitions and usage general. For the purposes of this chapter,
the following terms, phrases, words and abbreviations shall have the
meanings given herein, unless otherwise expressly stated. 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;
and the masculine gender includes the feminine gender. The words "shall"
and "will" are mandatory, and "may" is permissive. Unless otherwise
expressly stated, words not defined herein shall be given the meanings
set forth in Title 47 of the United States Code, as amended, and,
if not defined therein, their common and ordinary meaning.
B.
ACCESS CHANNEL
AFFILIATE
BASIC SERVICE
CABLE ACT
CABLE SERVICE
CABLE SYSTEM or SYSTEM
CHANNEL
CONTROL
CONVERTER
COUNCIL
CUSTOMER
EDUCATIONAL ACCESS CHANNEL or EDUCATIONAL CHANNEL
FCC
FRANCHISE
FRANCHISE AGREEMENT
FRANCHISE AREA
FRANCHISEE
GOVERNMENTAL ACCESS CHANNEL
INSTALLATION
LEASED ACCESS CHANNEL or COMMERCIAL ACCESS CHANNEL
MAYOR
NET PROFIT
NORMAL BUSINESS HOURS
NORMAL OPERATING CONDITIONS
OVS
PERSON
PROGRAMMER
PUBLIC ACCESS CHANNEL
PUBLIC RIGHTS-OF-WAY
SECURITY FUND
SERVICE INTERRUPTION
SUBSCRIBER
TOWN
TRANSFER
(1)
(2)
(3)
(4)
(5)
(6)
USER
As used in this chapter, the following terms shall have the meanings
indicated:
Any channel on a cable system set aside by a franchisee for
public, educational or governmental use.
Any person who owns or controls, is owned or controlled by
or is under common ownership or control with a franchisee.
Any service tier that includes the retransmission of local
television broadcast signals and/or public, educational and governmental
access signals.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., as amended from time to time.
A facility consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable television service which includes
video programming and which is provided to multiple subscribers within
the Town, but such term does not include a facility that serves only
to retransmit the television signals of one or more television broadcast
stations; a facility that serves subscribers without using any public
rights-of-way; a facility of a common carrier which is subject, in
whole or in part, to the provisions of Title II of the Communications
Act, except that such facility shall be considered a cable system
if such facility is used in the transmission of video programming
directly to subscribers; an open video system that complies with 47
U.S.C. § 573; or any facilities of any electric utility
used solely for operating its electric utility system. A reference
to a "cable system" refers to any part thereof, including, without
limitation, converters. The foregoing definition of "cable system"
shall not be deemed to circumscribe or limit the valid authority of
the Town to regulate or franchise the activities of any other communications
system or provider of communications services to the full extent permitted
by law. Any franchise agreement shall define the services any franchisee
is authorized to use the public rights-of-way to provide.
A six megahertz (MHz) frequency band, or equivalent capacity,
which is capable of carrying either one standard video signal, a number
of audio, digital or other nonvideo signals or some combination of
such signals.
For purposes of this definition: the legal or practical ability
to exert actual working control over the affairs of the franchisee,
either directly or indirectly, whether by contractual agreement, majority
ownership interest, any lesser ownership interest or in any other
manner.
An electronic device which may serve as an interface between
a system and a subscriber's television receiver or other terminal
equipment and which may perform a variety of' functions, including
signal security, descrambling, electronic polling, frequency conversion
and channel selection.
The governing body of the Town.
Same as "subscriber."
Any channel on a cable system set aside by a franchisee for
educational use.
The Federal Communications Commission, its designee or any
successor governmental entity thereto.
A nonexclusive authorization granted pursuant to this chapter
to construct, operate and maintain a cable system along the public
rights-of-way to provide cable service within all or a specified area
of the Town. Any such "authorization," in whatever form granted, shall
not mean or include any general license or permit required for the
privilege of transacting and carrying on a business within the Town
as required by the ordinances and laws of the Town, or for attaching
devices to poles or other structures, whether owned by the Town or
a private entity, or for excavating or performing other work in or
along public rights-of-way.
A contract entered into pursuant to this chapter between
the Town and a franchisee that sets forth, subject to this chapter,
the terms and conditions under which a franchise will be granted and
exercised.
The area of the Town that a franchisee is authorized to serve
by its franchise agreement.
A natural person, partnership, domestic or foreign corporation,
association, joint venture or organization of any kind that has been
granted a franchise by the Town.
Any channel on a cable system set aside by a franchisee for
government use.
The connection of system services to subscribers' television
receivers or other subscriber-owned or -provided terminal equipment.
Any channel on a cable system designated or dedicated for
use by a person unaffiliated with the franchisee.
The Mayor of the Town.
The amount remaining after deducting from gross revenues
all of the actual, direct and indirect expenses associated with operating
the cable system, including the franchise fee, interest, depreciation
and federal or state income taxes.
Those hours during which most similar businesses in the community
are open to serve customers, including some evening hours at least
one night per week and/or some weekend hours.
Those service conditions that are within the control of a
franchisee. Conditions that are not within the control of a franchisee
include, but are not limited to, natural disasters, civil disturbances,
power outages, telephone network outages and severe weather conditions.
Conditions that are ordinarily within the control of a franchisee
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 a cable system.
An open video system that complies with 47 U.S.C. § 653,
as amended.[1]
An individual, partnership, association, joint stock company,
organization, corporation or any lawful successor thereto or transferee
thereof, but such term does not include the Town.
Any person or entity that produces or otherwise provides
program material or information for transmission by video, audio,
digital or other signals, either live or from recorded traces or other
storage media, to users or subscribers by means of a cable system.
Any channel on a cable system set aside by a franchisee for
use by the general public, including groups and individuals, and which
is available for such use on a nondiscriminatory basis.
The surface, the air space above the surface and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway,
easement or similar property within the Town, which, consistent with
the purposes for which it was dedicated, may be used for the purpose
of installing and maintaining a cable system. No reference herein,
or in any franchise agreement, to a "public right-of-way" shall be
deemed to be a representation or guarantee by the Town that its interest
or other right to control the use of such property is sufficient to
permit its use for such purposes, and a franchisee shall be deemed
to gain only those rights to use as are properly in the Town and as
the Town may have the undisputed right and power to give.
A performance bond, letter of credit or cash deposit, or
any or all of these, to the extent required by a franchise agreement.
Loss of picture or sound on one or more cable channels, as
described in FCC regulations as of December 1, 1998.
Any person who legally receives any service delivered over
a cable system.
The Town of Edmonston, Maryland, and any agency, department
or agent thereof.
Any transaction in which:
Any ownership or other right, title or interest of more than
10% in a publicly traded corporation controlling a franchisee, its
cable system or any person that is a cable operator of the cable system
(or in the franchisee itself, if it is a publicly traded corporation)
is transferred, sold, assigned, leased or sublet, directly or indirectly;
Any ownership or other right, title or interest cognizable under
FCC regulations of 50% or more in an entity other than a publicly
traded corporation controlling a franchisee, its cable system or any
person that is a cable operator of the cable system (or in the franchisee
itself, if it is a publicly traded corporation) is transferred, sold,
assigned, leased or sublet, directly or indirectly, to an entity that
does not presently control such entity other than a publicly traded
corporation;
There is any transfer of control of a franchisee;
A franchise is transferred to another entity;
Any change or substitution occurs in the managing general partners
of a franchisee, where applicable; or
A franchisee, or its corporate parents at any level, enter into
any transaction that materially increases the debt that is to be borne
by the system directly or indirectly, in a manner that creates a risk
of an adverse effect on system rates or services; but transfer shall
not include transactions in which a franchisee is reorganized within
another corporation owned, owning or commonly controlled with the
franchisee, if such transaction does not materially affect the ultimate
control of the franchisee or the sources and amounts of funds available
to the franchisee.
A person or organization using a channel or equipment and
facilities for purposes of producing or transmitting material, as
contrasted with the receipt thereof in the capacity of a subscriber.
[1]
Editor's Note: See 47 U.S.C. § 573 (Section 653
of the Cable Act).
