For the purposes of this chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, Chapter 5, Subchapter V-A, 47 U.S.C. § 521 et seq. (the Cable Act), as amended, and, if not defined therein, their common and ordinary meaning.
Any person who owns or controls, is owned or controlled by or is under common ownership or control with a franchisee.
Any service tier which includes the retransmission of local television broadcast signals.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., an amendment to the Communications Act of 1934, as amended by the Cable Television Consumer Protection And Competition Act of 1992, and the Telecommunications Act of 1996, and as may be amended from time to time.
A facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable television service which includes video programming and which is provided to multiple customers within the municipality, 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 customers without using any public right-of-way, including streets or easements;
A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Act, except that such facility shall be considered a cable system if such facility is used in the transmission of video programming, whether on a common-carrier or non-common-carrier basis, directly to customers; or
Any facilities of any electric utility used solely for operating its electric utility systems.
A nonpolitical body to be known as the "Greater Johnstown Communications Advisory Committee," which shall be administered by the Council of Governments (COG) and created to advise member municipalities named in Exhibit A[1] regarding the means to recommend and promote future uses for cable systems.
A six Megahertz (MHz) frequency band which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals or some combination of such signals.
An electronic device which may serve as an interface between a system and a subscriber's television receiver or other terminal equipment, and which may perform a variety of functions, including signal security, descrambling, electronic polling, frequency conversion and channel selection.
The Cambria-Somerset Council of Governments. The COG is empowered by resolution to serve as the regulatory representative for the municipality.
A connection from feeder cable to the subscriber television set, radio or other terminal equipment.
Any channel on a cable system set aside by a franchisee for educational use.
The price that a willing buyer would pay to a willing seller for a going concern at the time.
The Federal Communications Commission, its designee or any successor governmental entity thereto.
A nonexclusive authorization granted pursuant to this chapter to construct, operate and maintain a cable system along the public rights-of-way within all or a specified area of the municipality. Any such authorization, in whatever form granted, shall not mean or include any general license or permit required for the privilege of transacting and carrying on a business within the municipality as required by other ordinances and laws of the municipality.
A contract entered into in accordance with this chapter between the municipality and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be granted and exercised. Subject to applicable law, any franchise agreement shall define the services any franchisee is so authorized to provide.
The area for which a franchise is granted under the authority of a franchise agreement.
A natural person, partnership, domestic or foreign corporation, association, joint venture or organization of any kind that has been granted a cable franchise by the municipality.
Any channel on a cable system set aside by a franchisee for government use.
The connection of the drop to subscribers' television receivers or other terminal equipment.
Any channel on a cable system designated or dedicated for use by a person unaffiliated with the franchisee.
The Township of Richland, Pennsylvania.
An individual, partnership, association, joint stock company, organization, corporation or any lawful successor thereto or transferee thereof, but such term does not include the municipality.
Any channel on a cable system set aside by a franchisee and designated or dedicated for use by the general public or noncommercial organizations, which is made available for use without charge and on an equitable nondiscriminatory basis.
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, parkway, waterway, easement or similar property in which the municipality now or hereafter holds any property interest, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a cable system.
Any person residing in the municipality as otherwise defined by applicable law.
A performance bond or letter of credit, or either or both of these, to the extent applicable to a given franchisee.
The Commonwealth of Pennsylvania.
Any person, firm, corporation or other entity who or which elects to subscribe, for any purpose, to a service provided by a franchisee by means of or in connection with a cable system.
A person or organization utilizing a channel or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.
[1]
Editor's Note: Exhibit A, List of Participating Municipalities, is on file in the township offices.