The present tense includes the future; the singular number includes
the plural, and the plural the singular; and the masculine gender
includes the feminine gender. The words "shall" and "will" are mandatory,
and "may" is permissive.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated:
Any channel on a cable system set aside by the franchisee
for public, educational and/or governmental use.
Any person who owns or controls, is owned or controlled by,
or is under common ownership or control with the franchisee. Any service
tier which includes the retransmission of local broadcast signals,
being in most cases the lowest-cost tier of service provided.
A facility consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
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 only subscribers in one or more multiple-unit
dwellings under common ownership, control, or management, unless such
facility or facilities is covered within the terms and regulation
of the Cable Act;[1]
A facility of a common carrier which is subject, in whole or
in part, to the provisions to Title II of the Communications Act of
1934,[2] as amended, except that such facility shall be considered
a cable system [other than for purposes of Section 621(c) of the Cable
Act[3]] to the extent such facility is used in the transmission
of video programming directly to subscribers;
Any facilities of any electric utility used solely for operation
its electric utility systems; or
A facility which provides noncable services (other than those
for public, educational and governmental use).
The one-way transmission to subscribers of video programming
or other programming service, and subscriber interaction, if any,
which is required for the selection of such video programming or other
programming service.
A nonbroadcast signal that originates within the facilities
of the cable communications system.
A portion of the electromagnetic frequency which is used
in a cable system and which is capable of delivering a television
channel, as a television channel is defined by the FCC [47 U.S.C.
§ 522(4)].
Such video, audio, data and other services provided to institutional
users on an individual application basis. These may include, but are
not limited to, one-way video, two-way video, audio or digital signals
among institutions, and as may be specified in the franchise to residential
subscribers.
A subscriber who receives a service in a place of business
where the service may be utilized in connection with a business, trade
or professional and who pays the charges therefor.
The Cable Communications Policy Act of 1934, and the Cable
Communications Policy Act of 1984,[4] as it may be amended or succeeded, including the Cable
Television Consumer Protection and Competition Act of 1992, and/or
any amendments.
An electronic device which converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber, and any channel selector which permits a subscriber
to view all signals delivered at designated converter dial locations
at the set or by remote control.
A channel which can only be received by the person and/or
institution intended to receive signals on such channel.
A coaxial connection from feeder cable to the subscriber/user
premises in accordance with the Cable Act.[5]
Any channel designated for educational access use.
The price that a willing buyer would pay to a willing seller
for a going concern based on the system valuation prevailing in the
industry at the time, without the assignment of any value to the franchise
rights.
The Federal Communications Commission and any legally appointed
successor.
The nonexclusive rights granted pursuant to this chapter
to construct, operate and maintain a cable communications system along
the public ways within all or a specified area in the Borough. Issued
by a franchising authority such as the Borough, authorization may
be designated by a permit, license, resolution, contract, certificate,
agreement, or otherwise. Any such authorization, in whatever form
granted, shall not mean or include any license or permit required
for the privilege of transacting and carrying on a business within
the Borough as required by other ordinances and laws of the Borough.
A contract entered into between the Borough and any franchisee
setting forth the specific terms and provisions of the grant of a
franchise pursuant to this chapter.
The entire Borough, or portions thereof, for which a franchise
is granted under the authority of this chapter. If not otherwise stated
in the franchise agreement, the franchise area shall be the corporate
limits of the Borough, including all territory thereafter annexed
to the Borough.
The percentage of the franchisee's gross annual revenues,
determined in accordance with the definition of such revenues contained
herein and established by agreement of franchisee and Borough, payable
in exchange for the rights granted pursuant to this chapter and the
franchise agreement [47 U.S.C. § 542(b)]. The term "franchise
fee" does not include any tax, fee or assessment of general applicability
that may be assessed against a franchisee by the Borough, including,
but not limited to, a business privilege tax.
The natural person(s), partnership(s), domestic and foreign
corporations, associations, joint venture(s), or organizations of
any kind which has been legally granted a franchise by the Borough,
and its lawful successors, transferee or assignee.
Any channel specifically designated or dedicated for government
access use.
The Borough of Green Lane as represented by the Borough Council
acting within the scope of its jurisdiction.
Consideration actually received by franchisee annually from
within the Borough, arising from the operation of its cable system
within the Borough, to include all monthly basic cable, cable programming
service, equipment rental, premium cable service, per program revenues,
revenues from home shopping channels and advertising revenues realized
from within the Borough. Annual revenues shall not include bad debts,
converter deposits, refunds to subscribers by the franchisee, revenues
from high-speed data service (two-way or otherwise), use or franchise
fees or taxes or any other tax or fee that the franchisee collects
on behalf of the Borough or any other taxing authority or income derived
from the provision of any service not set forth in this section.
That portion of the wire installation within and about a
premise that is transferable upon purchase in accordance with the
Cable Act.[6]
The connection of the system from feeder cable to subscribers'
terminals.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee, at rates in accordance with the Cable Act.
The ability to distribute cable programming to a particular
segment or segments of the cable subscribers.
Other services the cable operator makes available to subscribers
generally.
Any type of audio or audio/video service for which a fee
is charged.
Any channel for which a fee is charged for a single or multiple
viewing of a specific program.
Any channel for which a fee is charged for viewing.
An individual, partnership, association, organization, corporation
or any lawful successor transferee of said individual, partnership,
association, organization or corporation.
Any channel designated or dedicated for use by the general
public or organizations which is made available for use without charge
on a nondiscriminatory basis in accordance with the rules and regulations
specified in the franchise agreement.
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, parkways, waterways,
utility easements or other public right-of-way or hereafter held by
the Borough which shall entitle the Borough and the grantees to the
use thereof for the purpose of installing and maintaining the grantee
cable television system. No reference herein, or in any franchise,
to the public way shall be deemed to be a representation or guarantee
by the Borough that its title to any property is sufficient to permit
its use for such purpose, and the grantee shall, by its use of such
terms, be deemed to gain only such rights to use property in the Borough
as the Borough may have the undisputed right and power to give.
Where not elsewhere specified, shall be written notice addressed
to the grantee at its principal office within the Borough or such
other office as the grantee has designated to the Borough as the address
to which notice shall be transmitted to it, which notice shall be
certified and postmarked not less than 15 business days prior to that
day in which the party giving such notice shall commence any action
which requires the giving of notice. In computing said 15 business
days, holidays recognized by the Borough shall be excluded.
Any person residing in the Borough as defined by applicable
law.
A subscriber who receives cable service in an individual
dwelling unit where the service is not to be utilized in connection
with a business, trade or profession and who pays the charges therefor.
Includes any sale, exchange or barter transaction.
Any public or nonprofit education institution, including
primary and secondary schools, colleges and universities, both public
and private.
Any person who legally receives cable services and/or noncable
services (to the extent the franchisee is authorized to provide noncable
services).
Cable communications system equipment used by the franchisee
to provide services in the franchise area; provided, however, such
system facility excludes buildings, contracts, facilities, and equipment
whose primary use is for providing service to other system facilities
located outside the Borough limits.
A category of cable service or other services provided by
a cable operator and for which a separate rate is charged by the cable
operator.
Any transaction in which an ownership or other interest in
a franchisee, its cable system, or of any person that is a cable operator
of the cable system is transferred from one person or group of persons
to another person or group of persons so that control or controlling
interest of the franchisee is transferred; or the rights and/or obligations
held by the franchisee under a franchise agreement are transferred
or assigned to another person or group of persons. "Control" or "controlling
interest" means actual working control in whatever manner exercised,
including, without limitation, working control through ownership,
management, debt instruments or negative control, as the case may
be, of a system, a franchise or a franchisee. A rebuttable presumption
of the existence of control or a controlling interest may rise from
the beneficial ownership, directly or indirectly, by any persons or
group of persons acting in concert (other than underwriters during
the period in which they are offering securities to the public) of
5% or more of any person (which person or group of persons is hereinafter
referred to as "controlling person"). Control or controlling interest
as used herein may be held simultaneously by more than one person
or group of persons.
The major distribution cable used in cable communications,
which divides into feeder lines which are tapped for service to subscribers.
A person or organization utilizing channel or equipment and
facilities for purpose of producing and/or transmission of material,
as contrasted with receipt thereof in a subscriber capacity.
