As used in this chapter, the following terms shall have the
meanings indicated:
BASIC CABLE RATES
The monthly charges for a subscription to the basic service
tier and the associated equipment.
BASIC SERVICE TIER
A separately available service tier to which subscription
is required for access to any other tier of service, including as
a minimum, but not limited to, all must-carry signals, all peg channels,
and all domestic television signals other than superstations.
BENCHMARK
A per channel rate of charge for cable service and associated
equipment which the FCC has determined as reasonable.
CABLE ACT OF 1992
The Cable Television Consumer Protection and Competition
Act of 1992.
CABLE OPERATOR
Any person or group of persons:
A.
Who provide cable service over a cable system and directly or
through one or more affiliates owns a significant interest in such
a cable system; or
B.
Who otherwise controls or is responsible for, through any arrangement,
the management and operation of such cable system.
CABLE TELEVISION (CATV)
Any communications facility consisting of a set of transmission
paths and associated signal generation, reception and control equipment,
under common ownership and control, that among other services distributes
or is designed to distribute to subscribers the signals of one or
more television broadcast stations by cable to subscribing members
of the public who pay for such service.
CHANNEL
A unit of cable service identified and selected by a channel
number or similar designation.
COMMISSIONERS or COMMISSION
The governing body of the Town of Cottage City or a committee
or person appointed and empowered by resolution of the governing body
to perform any or all of the duties outlined in this chapter.
COST OF SERVICE SHOWING
A filing in which the cable operator attempts to show that
the benchmark rate or the price cap is not sufficient to allow the
cable operator to fully recover the costs of providing the basic service
tier and to continue to attract capital.
FCC
The Federal Communications Commission.
FRANCHISE
An authorization granted by the Town, which permits the construction,
operation and maintenance of a CATV system within the Town.
FRANCHISEE
Any entity, its successors, heirs or assigns that is a cable
operator and is awarded a franchise in accordance with the provisions
of this chapter.
INITIAL BASIC CABLE RATES
The rates that the cable operator is charging for the basic
service tier, including charges for the associated equipment, at the
time the Town notifies the cable operator of the Town's qualification
and intent to regulate basic cable rates.
MUST-CARRY SIGNAL
The signal of any local broadcast station (except superstations
which is required to be carried on the basic service tier).
PEG CHANNEL
The channel capacity designated for public, educational,
or governmental use, and facilities and equipment for the use of that
channel capacity.
PRICE CAP
The ceiling set by the FCC on future increases in basic cable
rates regulated by the city, based on a formula using the GNP fixed
weight price index, reflecting general increases in the cost of doing
business and changes in overall inflation.
PUBLIC WAYS
The surface of and the space above and below any public streets,
highways, sidewalks and adjacent public areas, bridges, tunnels, parks,
waterways, alleys and all other public rights-of-way and public grounds
or waters within the Town.
STATE OF THE ART
Whatever has been offered or provided to any municipal or
any other governmental body in Prince George's County.
SUBSCRIBER
Any person or organization receiving any of the services
delivered over a CATV system.
SUPERSTATION
Any non-local broadcast signal secondarily transmitted by
satellite.
Each franchise shall install and at all times maintain its wires,
cables, fixtures and other equipment in accordance with the requirements
of the Town and Prince George's County building, electrical,
fire, health and plumbing codes.
This chapter shall not prohibit the erection or continued use
of individual antennas, not require any person or organization to
receive CATV service, or to connect with a CATV system.
Violation of any of the provisions of §
2-2A or §
2-15 shall be deemed a misdemeanor and punishable by a fine not to exceed $500 or imprisonment not to exceed 30 days, or both. Each connection, subscription, operation or tampering shall be considered a separate violation, for purposes of this section.
[Amended 10-12-1994]
The Commissioners shall establish the duration of each franchise
granted under this chapter and the terms and conditions for any renewal
thereof. Any such franchise may be renewed for a period not exceeding
its original duration without soliciting additional applications.
The Commissioners shall have the power to extend an existing franchise
for a period of time less than that of the franchise or originally
granted upon the Commissioners' finding that such a grant is
in the best interest of the subscribers within the Town.
The franchise entity reserve to itself the right to intervene
in any suit, action or proceed involving any provision of this chapter.
If any provision of this chapter, or the particular application
thereof, shall be held invalid by any court, administrative agency,
or other body with appropriate jurisdiction, the remaining provisions,
and their application, shall not be affected thereby.