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 meaning
set forth in Title 47 of the United States Code, as amended, and,
if not defined therein, their common and ordinary meaning.
ACCESS CHANNEL
Any channel on a cable system set aside by a franchisee for
public, educational, or governmental use.
AFFILIATE
Any person who owns or controls, is owned or controlled by,
or is under common ownership or control with a franchisee.
BASIC SERVICE
Any service tier that includes the retransmission of local
television broadcast signals and/or public, educational, and governmental
access signals.
CABLE ACT
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., as amended from time to time.
CABLE SERVICE
(1)
The one-way transmission to subscribers of video programming
or other programming services; and
(2)
Subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service.
CABLE SYSTEM or 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 television service which includes
video programming and which is provided to multiple subscribers within
the Town, but such term does not include: (1) a facility that serves
only to retransmit the television signals of one or more television
broadcast stations; (2) a facility that serves subscribers without
using any public rights-of-way; (3) 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; (4) an open video system that
complies with 47 U.S.C. § 573; or (5) 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.
CHANNEL
A 6 megahertz (MHz) frequency band, or equivalent capacity,
which is capable of carrying either one standard video signal, a number
of audio, digital or other non-video signals or some combination of
such signals.
COMMUNITY
University Park, Maryland, and any agency, department, or
agent thereof.
CONVERTER
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.
FCC
The Federal Communications Commission, its designee, or any
successor governmental entity thereto.
FRANCHISE
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.
FRANCHISE AGREEMENT
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.
FRANCHISE AREA
The area of the Town that a franchisee is authorized to serve
by its franchise agreement.
FRANCHISEE
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.
INSTALLATION
The connection of system services to subscribers' television
receivers or other subscriber-owned or -provided terminal equipment.
MAYOR
The chief administrative officer of the Town, or his designee.
NET PROFIT
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.
NORMAL BUSINESS HOURS
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.
NORMAL OPERATING CONDITIONS
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.
OVS
An open video system that complies with 47 U.S.C. § 653,
as amended.
PERSON
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.
PROGRAMMER
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.
PUBLIC ACCESS CHANNEL
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.
PUBLIC RIGHTS-OF-WAY
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.
SECURITY FUND
A performance bond, letter of credit, or cash deposit, or
any or all of these, to the extent required by a franchise agreement.
SERVICE INTERRUPTION
Loss of picture or sound on one or more cable channels, as
described in FCC regulations as of December 1, 1998.
SUBSCRIBER
Any person who legally receives any service delivered over
a cable system.
TOWN
University Park, Maryland, and any agency, department, or
agent thereof.
TRANSFER
Any transaction in which: (1) any ownership or other right,
title, or interest of more than 10% in a publicly traded corporation
controlling the 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; or (2) 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 the franchisee, its cable system, or any person that is
a cable operator of the cable system (or 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;
or (3) there is any transfer of control of a franchisee; (4) the franchise
is transferred to another entity; or (5) any change or substitution
occurs in the managing general partners of a franchisee, where applicable;
or (6) 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 the 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. "Control" for purposes of this definition
means 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.
USER
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.