The following definitions are in addition to those in Chapter 11.01 FMC.
A. 
"Access channel" or "PEG access"
means any capacity on a cable system set aside by a franchise for public, educational, or governmental (PEG) use.
B. 
"Basic cable service" or "basic service"
means any service tier that includes the retransmission of local television broadcast signals.
C. 
"Cable Act"
means the Cable Communications Policy Act of 1984, 47 U.S.C. Sections 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time.
D. 
"Cable operator"
means any person or group of persons (1) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
E. 
"Educational access" or "educational use"
means any capacity on a cable system set aside by a franchise for use by accredited educational institutions.
F. 
"Equitable price"
means fair market value adjusted downward for the harm to the city or subscribers, if any, resulting from a franchisee's breach of its franchise or violation of this title and as further adjusted to account for other equitable factors that may be considered consistent with 47 U.S.C. Section 547.
G. 
"Fair market value"
means the price for the cable system valued as a going concern but with no value allocated to the franchise itself.
H. 
"Governmental access channel"
means any capacity on a cable system set aside by a franchisee for government use.
I. 
"Gross revenues"
refers to gross revenues of any cable operator of a cable system in any way derived from the operation of that cable system to provide cable services in the franchise area. Gross revenues include, by way of illustration and not limitation, monthly fees charged subscribers for any basic, optional, premium, per-channel, or per-program service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and administrative fees; revenues received from programmers for carriage of programming on the cable system; revenues from rentals or sales of converters or other equipment; advertising revenues; revenues from program guides; and revenues from home shopping channels. This provision shall be read broadly to prevent the avoidance of franchise fees by a cable operator through arrangements with affiliates. Gross revenues shall not include any taxes on services furnished by a franchisee which are imposed directly on any subscriber or user by the state, city, or other governmental unit and which are collected by a franchisee on behalf of said governmental unit.
J. 
"Institutional network" or "I-net"
means that part of a cable system's facilities or capacity designed principally for use by nonresidential subscribers including communications to, from and among government agencies, schools, libraries and other public agencies; nothing in this definition however prevents an institutional network from being used to send communications to or receive communications from subscribers or the general public or prevents any authorized user from providing access to an institutional network to the public by remote terminals or otherwise, including by way of example, and not limitation, through connections between an institutional network and the subscriber network.
K. 
"Noncable service"
means any service that is authorized to be distributed over the cable system, other than a cable service.
L. 
"Public access channel"
means any capacity on a cable system set aside by a franchisee for use by the general public, including groups and individuals, and which is available for such use on a legally nondiscriminatory basis.
M. 
"Service tier"
means a package of two or more cable services for which a separate charge is made by the franchisee, other than a package of premium and pay-per-view services that is not subject to rate regulation under the Cable Act and applicable FCC regulations because those services are also sold on a true a la carte basis.
N. 
"Subscriber"
means the city, any government entity or any person who legally receives any cable service from a cable operator delivered over that cable operator's cable system.
O. 
"User"
means a person or the city utilizing a channel, capacity or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.
(Ord. 1402 § 1(11.04.1), 2001)
A franchisee may not require a subscriber or a building owner or manager to enter into an exclusive contract as a condition of providing or continuing service. However, nothing herein prevents a franchisee from entering into an otherwise lawful, mutually desired exclusive arrangement with a building owner or manager of a multiple dwelling unit or commercial subscriber.
(Ord. 1402 § 1(11.04.2), 2001)
This chapter shall be read and applied so that it is consistent with the Sections 625 and 626 of the Cable Act, 47 U.S.C. Sections 545 – 546 to the extent the city is required to comply with those Cable Act sections; provided, however, that nothing herein shall be read to incorporate those provisions into the city code, or prevent the city from challenging their applicability or to give any entity a right or a right of action or impose any obligation on the city which it would not otherwise have under such federal laws.
(Ord. 1402 § 1(11.04.3), 2001)