Unless the context of the chapter otherwise requires, the following definitions of words and phrases shall be used in the interpretation and construction of this chapter.
ACCESS, PEG ACCESS or PEG USEThe availability of a cable system or open video system for public, educational or governmental use (including institutional network use) by various agencies, institutions, organizations, groups, and individuals, including the City and its designated access providers, to acquire, create, and distribute programming not under a franchisee's editorial control, including, but not limited to:
A. PUBLIC ACCESS or PUBLIC USEAccess where organizations, groups, or individual members of the general public, on a nondiscriminatory basis, are the primary or designated programmers or users;
B. EDUCATIONAL ACCESS or EDUCATIONAL USEAccess where school districts and not-for-profit educational institutions chartered by the New York State Education Department of Regents are the primary or designated programmers or users; and
C. GOVERNMENTAL ACCESS or GOVERNMENTAL USEAccess where municipal, county or state government, or agencies thereof, are the primary or designated programmers or users having editorial control over their programming.
AFFILIATEA person who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
BASIC SERVICEAny service tier regularly provided to all subscribers which includes the retransmission of local television broadcast signals and PEG access channels.
CABLE ACTThe Cable Communications Policy Act of 1984, 47 U.S.C. §
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.
CABLE COMMUNICATIONS SYSTEMAn open video system (OVS) or cable system, except for:
A. A system that serves fewer than 50 subscribers; or
B. A master antenna television system as defined in New York State Public Service Law §
212.
CABLE SERVICEThe one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEMA 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, including programming delivered in Internet protocol format, but such term does not include:
A. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
B. A facility that serves subscribers without using, or connecting to a facility that uses, any public rights-of-way within the City;
C. A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II (Common Carriers) 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, unless the extent of such use is solely to provide interactive on-demand services;
D. Any facilities of any electric utility used solely for operating its electric utility systems;
E. An OVS that is certified by the FCC; or
F. A video service provided over the public Internet using Internet protocol, or any successor protocol that is not offered by, or not offered as part of a package of video services offered by, a video service provider or its affiliate.
CHANNELA portion of the electromagnetic frequency spectrum which is used in a cable system or OVS and which is capable of delivering a television signal whether in an analog or digital format. The definition does not restrict the use of any channel to the transmission of analog television signals or one-way transmission.
CITYCity of Saratoga Springs and all departments, divisions, and agencies thereof.
CONSTRUCTION, OPERATION, MAINTENANCE or REPAIRThe named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, and excavation.
DOWNSTREAM CHANNELA channel designed and activated to carry a transmission from the headend to other points on a cable communications system, including interconnections.
FCCThe Federal Communications Commission.
FRANCHISEAn authorization granted by the City to the operator of a cable communications system giving the operator the nonexclusive right to occupy the space, or use facilities upon, across, beneath, or over public rights-of-way in the City, to provide specified services within a franchise area.
FRANCHISE AREAThe area of the City that a franchisee is authorized to serve by the terms of its franchise or by operation of law.
FRANCHISEEA person holding a cable communications system franchise granted by the City.
GROSS REVENUESAll cash, credits, property, or other consideration of any kind or nature received directly or indirectly by a franchisee or its affiliates from any source whatsoever arising from, attributable to, or in any way derived from a franchisee's operation of a cable system to provide cable service within the franchise area. "Gross revenues" includes, but is not limited to, fees charged to subscribers for basic service; fees charged to subscribers for any optional premium per-channel, per-program, or video-on-demand service; monthly fees charged to subscribers for any tier of service other than basic service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; fees, payments, or other payment received as consideration from programmers for carriage of programming on the cable system; converter rentals or sales; advertising revenues, including a per capita share of advertising revenues for advertising carried on more than one cable system; revenues from home shopping channels; sales of programming guides; and such other revenue sources as may now exist or hereafter develop. The definition shall be interpreted in a manner which permits the City to collect the maximum franchise fee permitted by law, irrespective of the source of revenue. "Gross revenues," however, shall not include any bad debt (defined as unpaid subscriber or advertiser accounts) or any taxes on services imposed directly upon any subscriber (but not on a franchisee) or user by the state, City, or other governmental unit and collected by a franchisee on behalf of said governmental unit. The amount paid as a franchise fee shall not be deducted from gross revenues unless required to be deducted under federal law.
MAYORThe Mayor of the City or the Mayor's designee.
OPERATORA person:
A. Who directly or through one or more affiliates provides service over a cable communications system and directly or through one or more affiliates owns a significant interest in such facility; or
B. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a facility.
OVSAn open video system. A reference to an OVS includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the OVS or installed in conjunction with the OVS.
PERSONAny individual, corporation, partnership, association, joint-stock company, trust, or any other legal entity, but not the City.
PUBLIC PROPERTYAny property that is owned or under the control of the City that is not a public right-of-way, including, for purposes of this chapter, but not limited to, buildings, parks, poles, structures in the public rights-of-way such as utility poles and light poles, or similar facilities or property owned by or leased to the City.
PUBLIC RIGHTS-OF-WAYThe surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, or right-of-way or easement primarily dedicated to travel, now or hereafter existing within the City, which may be properly used for the purpose of installing, maintaining, and operating a cable communications system, and any other property that a franchisee is entitled by state or federal law to use by virtue of the grant of a franchise.
SUBSCRIBERThe City or any person who is lawfully receiving, for any purpose or reason, any cable service via a cable communications system, whether or not a fee is paid for such service.
UPSTREAM CHANNELA channel designed and activated to carry transmissions from a point on the cable system, other than the headend, to the headend or another point on the cable system.