As used in this ordinance, the following terms shall have the
meanings indicated:
AUTHORIZED AREA
The entire area from time to time within the corporate limits
of the Township of Buchanan excluding, however, all areas that are
within such limits solely due to agreements executed under the authority
of Michigan Act 425 of 1984, MCLA § 124.21 et seq., unless
the agreement expressly so provides.
CABLE SERVICES
Only:
A.
The one-way transmission to all subscribers of (i) video programming
or (ii) other programming services, such as digital audio; and
B.
Subscriber interaction, if any, which is required for the selection
of such video programming or other programming service, where "video
programming" means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
CABLE TELEVISION SYSTEM or SYSTEM
A facility consisting of a set of closed transmission paths
and associated signal generation reception and control equipment that
is designed and used solely to provide Cable Services to subscribers
within the Authorized Area, but such term does not include:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves only subscribers in one or more multiple
unit dwellings under common ownership, control, or management, unless
such facility uses any public right-of-way;
C.
A facility of a common or private carrier which is subject in
whole or in part to the provisions of Title II of the Communications
Act of 1934, as amended, except that such a facility shall be considered
a cable system to the extent such facility is used in the transmission
of video programming directly to subscribers.
COMPANY
Westmarc Development Joint Venture L.P., a Colorado limited
partnership, currently doing business as Comcast.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
FCC
Federal Communications Commission.
FRANCHISE
This Ordinance, and "franchise fee," shall mean the fee set forth in §
A315-7.
GROSS REVENUES
All amounts earned or accrued by Company, or any entity in
any way affiliated with Company, in whatever form and from all sources
which are in connection with or attributable to the operation of the
Cable Television System within Township or Company's provision
within Township of Cable Services.
A.
Gross Revenues shall include without limitation all subscriber
and customer revenues earned or accrued net of bad debts, including
revenues for basic cable services; additional tiers; premium services;
pay per view; program guides; installation disconnection or service
call fees; fees for the provision, sale, rental, or lease of converters,
remote controls, additional outlets and other customer premises equipment,
revenues from the use of leased access channels, and advertising revenues
from the System.
B.
Advertising revenues and other revenues whose source cannot
be identified with a specific subscriber shall be allocated to the
Township of Buchanan based upon the percentage of subscribers in Township
compared to that served from the head-end serving Township.
PUBLIC WAYS
All dedicated public rights-of-way, streets, highways, and
alleys. "Public ways" shall not include property of Township which
is not a dedicated public right-of-way, street, highway, or alley.
SYSTEM
Shall have the same meaning as Cable Television System.