It is the purpose of this chapter to provide for the granting
of a franchise to construct, maintain and operate a CATV system in
the Town and to set forth The obligations and rights of the Town and
grantee accompanying such grant.
This chapter shall be known, and may be cited as, the "Town
of Brookfield Cable Franchise Ordinance."
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When consistent with the context, words used in the present tense
include the future, words in the plural number include the singular,
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
BASIC SERVICE
The simultaneous delivery by the grantee to television receivers of those broadcast and nonbroadcast television channels which are required to be provided by §
22.07(2)(a),
(3)(b),
(c),
(d),
(e) and
(g).
CABLE SYSTEM, CABLE COMMUNICATIONS SYSTEM, or CATV SYSTEM
A system, located within the Town only, of antennas, coaxial
cables, wires, wave guides or other conductors, electronic equipment
or facilities designed, constructed or used for the production of
television signals, interception and receipt of television or radio
signals directly or indirectly off the air, and the distribution or
transmission of such signals and other communications services by
means of cable or other similar services to subscribers.
CHANNELS
A group of frequencies in the electromagnetic spectrum capable
of carrying an audio data or audiovisual television signal. Each channel
is a block of frequencies containing 6MHz bandwidth.
CONVERTER
An electronic device, which converts signals to a frequency
not susceptible to interference with the television receiver of a
subscriber, and by an appropriate channel selector also, permits a
subscriber to view all signals delivered at designated dial locations.
FCC
The Federal Communications Commission.
GRANTEE
The recipient of the franchise granted under this chapter.
GRANTEE'S PROPOSAL
Encompasses the following two documents: An Application for
the Construction and Operation of a Cable Television System to Serve
the Town of Brookfield, Wisconsin, submitted to the office of the
Town Clerk by RVS Cablevision Corporation, of Elm Grove, Wisconsin;
a cover letter from Richard V. Steffen, President of RVS Cablevision
Corporation.
GROSS RECEIPTS
Total receipts of the grantee of money or its equivalent
which the grantee has received for providing basic service to its
subscribers in the Town, including income from pay cable, advertising
and lease access, provided that installation charges actually paid
by subscribers and received by the grantee shall be excluded from
gross receipts in determining payments due to the Town.
PERSON
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
SUBSCRIBER
Any person or entity receiving for any purposes the cable
service of the grantee.
TO MONITOR
To observe a one-way or two-way communications signal without
the express prior consent of the subscriber receiving or sending the
communication signal, whether the signal is observed by visual or
electronic means for any purpose whatsoever.
TOWN
The Town of Brookfield, Wisconsin or any appointed designate
thereof.
TOWN BOARD
The present governing body of the Town or any successors
to the legislative powers of the body, or any appointed designate
thereof.
The grantee's proposal, as defined in this chapter, is hereby
incorporated by reference into this chapter and shall be considered
part of this chapter. All representations made by the grantee in the
grantee's proposal shall be required to be performed or provided by
the grantee and any failure by the grantee to perform any act or provide
any service or equipment proposed in the grantee's proposal shall
be a violation of this chapter.
Except as otherwise herein provided, any person who shall violate any rule, regulation, order or provision of this chapter, and upon conviction thereof, shall be subject to a penalty as provided in §
25.04 of this General Code.