A.
Title. This article shall be known as the "City of Fennville Cable Communications Ordinance."
B.
Purpose. The purposes of this article are to:
(1)
Provide for the franchising and regulation of cable television within the City of Fennville;
(2)
Provide for a cable communications system that will meet the current needs of the City and that can be improved and upgraded to meet future needs;
(3)
Provide for the payment of fees and other valuable consideration to the City for the use of the public ways and for the privilege to construct and operate cable communications systems;
(4)
Provide for the regulation by the City of certain rates to be charged to subscribers for certain cable communications services to the extent such regulation is not lawfully preempted by applicable state or federal statutes, rules or regulations;
(5)
Provide for the development of cable communications as a means to improve communication between and among the members of the public and public institutions of the City; and to
(6)
Provide remedies and prescribe penalties for violation of this article and any franchise granted hereunder.
C.
Applicability. This article is applicable to any application for a cable franchise filed on or after June 19, 1993, and to any such franchise granted thereafter.
D. ACCESS CHANNEL ACCESS USER APPLICATION BASIC SERVICE CABLE COMMUNICATIONS SYSTEM or SYSTEM(1) (2) (3) (4) CABLE TELEVISION SERVICES CITY CITY COMMISSION COMMISSION CONNECTION CONVERTER DEDICATION DROP EASEMENT FCC FEEDER LINE FILE FRANCHISE FRANCHISEE or GRANTEE GROSS REVENUES INSTALLATION LEASED CHANNEL or LEASED ACCESS CHANNEL PERSON PREMIUM SERVICE SERVICE TIER STREET or PUBLIC WAY SUBSCRIBER TWO-WAY CAPABILITY USER
Definitions. For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory, and the word "may" is permissive. Words not defined shall be given their common and ordinary meanings.
Any channel set aside for public use, educational use, or governmental use without a channel usage charge.
Any person or entity entitled to make use of an access channel consistent with the intended purpose of the channel.
A proposal seeking authority to construct and operate a cable television system within the City pursuant to this article. It shall include the initial proposal plus all related subsequent amendments and correspondence with the City.
Subscriber cable television services which includes the delivery of local television broadcast signals as required by the FCC, access channels, leased channels and local origination channels, as covered by the regular monthly charge paid by all subscribers to any service tier, excluding premium services, two-way services and FM radio services.
A non-broadcast facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment, under common ownership and control, that distributes or is designed to distribute to public subscribers cable television services, institutional services or other communications services, but such term shall not include:
A facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast stations;
A facility or combination of facilities that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way;
A facility of a common 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 facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or
Any facilities of any electric utility used solely for operating its electric utility system.
The one-way transmission of video programming and associated non-video signals to subscribers together with subscriber interaction, if any, which is provided in connection with the video programming.
The City of Fennville, Allegan County, Michigan.
The City Commission of the City of Fennville.
The City of Fennville Cable Communications Commission provided for in this article.
The attachment of the drop to the radio or television set or other communications device of the subscriber.
An electronic tuning device which converts transmitted signals to a frequency which permits their reception on an ordinary television receiver.
Those dedications and easements for public roadways and public utilities and other rights-of-way maintained for the benefit of the public and controlled by the City, the terms, conditions, or limitations of which are not inconsistent with the erection, construction, or maintenance of a cable television system, its structures, or equipment.
The cable that connects a subscriber's premises to the nearest feeder line of the cable communications system.
A right to use all public rights-of-way, including public utility easements.
The Federal Communications Commission or any legally appointed or designated agent or successor.
The coaxial or fiber optic cable running from the trunk line to line-extenders and taps for the purpose of interconnection to individual subscribers.
The delivery, by mail or otherwise, to the appropriate office, officer or agent of the City of any document or other thing which this article or the franchise requires the franchisee to file with the City. The date of receipt by the City shall be considered the filing date. Unless specified to the contrary, the filing shall be with the City Clerk.
The nonexclusive right and authority to construct, maintain, and operate a cable communications system through use of the public streets, dedications, public utility easements, other public rights-of-way, or public places in the City pursuant to a contractual agreement executed by the City and a franchisee.
An entity authorized to construct and/or operate a cable communications system within the City pursuant to this article, including any lawful successor, transferee or assignee of the original grantee.
All operating revenue actually received from the cable television system derived directly or indirectly by a franchisee, its affiliates, subsidiaries, parent, and any person in which the franchisee has a financial interest in association with the provision of cable television services within the City, including, but not limited to, basic service monthly fees, premium service fees, institutional service fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, advertising revenues, copyright fees; provided, however, that this shall not include any taxes on services furnished by the franchisee payable to the State of Michigan or any other governmental unit and collected by the franchisee on behalf of said governmental unit, or any revenues from the provision of cable television services outside the City, or any revenues from sale of capital assets or lease of property for purposes unrelated to cable television.
The connection of the system at the subscriber's premises.
Any channel, or part of a channel, available for commercial use on a fee basis by persons or entities other than a franchisee.
An individual or legal entity, such as a corporation or partnership.
Pay television offered on a per-channel or per-program basis.
A specific set of cable subscriber services which are made available as, and only as, a group for purchase by subscribers at a separate rate for the group.
The surface of and the space above and below any public street, road, highway, path, sidewalk, alley, court, or easement now or hereafter held by the City for the purpose of public travel or public utilities and shall include public easements or rights-of-way.
A recipient of cable television service or other services provided over a cable television system.
A system designed and constructed to have technical capacity for non-voice return communications.
A party utilizing a cable television system's facilities for purposes of production or transmission of material or information to subscribers.