A.
For the purpose of this chapter and any franchise agreement entered into hereunder, the following terms, phrases, words and their derivations shall have the meanings given herein. 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. All capitalized terms used in the definition of any other term shall have their meanings as otherwise defined in this § 29-2. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meanings.
B.
ACCESS MANAGER
AFFILIATE
(1)
(2)
(3)
AGREEMENT OR FRANCHISE AGREEMENT
BASIC SERVICE OR BASIC CABLE TELEVISION SERVICE
CABLE ACT
CABLE SERVICE
CABLE TELEVISION SYSTEM OR CABLE SYSTEM OR SYSTEM
(1)
(a)
(b)
(c)
(d)
(2)
CHANNEL OR CABLE CHANNEL
CONTROL AND/OR CONTROLLING INTEREST
CONVERTER
COUNTY
COUNTY ADMINISTRATOR
FCC
FRANCHISE
FRANCHISE AREA
FRANCHISE FEE
(1)
(2)
(3)
GRANTEE
GROSS REVENUE
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(2)
INITIAL GRANTEE
INITIAL SERVICE AREA
INSTALLATION
NORMAL BUSINESS HOURS
NORMAL OPERATING CONDITIONS
OUTAGE
PEG or PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES
PERSON
PUBLIC RIGHTS-OF-WAY OR STREET
SERVICE INTERRUPTION
STATE
SUBSCRIBER
USER
As used in this chapter, the following terms shall
have the meanings indicated:
Any entity, including a nonprofit community access corporation,
designated by the County to perform any or all of the following functions:
Each Person who falls into one or more of the following categories:
Each Person having a Controlling Interest in
a Grantee;
Each Person in which a Grantee has a Controlling
Interest; or
Each Person, directly or indirectly, Controlling,
Controlled by, or under common Control with, a Grantee, provided that
"Affiliate" shall in no event mean any creditor or a Grantee solely
by virtue of its status as a creditor and which is not otherwise an
Affiliate by reason of owning a Controlling Interest in, being owned
by, or being under common ownership, common management, or common
control with, a Grantee.
A binding contract granting a Franchise pursuant to this
chapter, and any amendments, exhibits or appendices thereto, containing
the specific provisions of the Franchise granted, including references,
specifications, requirements and other related matters.
Any service tier, which includes the retransmission or delivery
of local television broadcast signals, origination channels and public,
educational and governmental access Channels, covered by a regular
monthly charge paid by all Subscribers to a particular service tier.
In the event that the definition of Basic Cable Television Service
is amended by an act of the United States Congress, under the Cable
Act or otherwise, or by the FCC, then the definition under this section
shall be amended to conform thereto.
The Cable Communications Policy Act of 1984 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, transmission and
control equipment that is designed to provide cable television service
which includes video programming and which is provided to multiple
Subscribers within Queen Anne's County, 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 Subscribers without using
any Public Rights-of-Way;
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 directly
to Subscribers, unless the extent of such use is solely to provide
interactive on-demand services; or
Any facilities of any electric utility used
solely for operating its electric utility system.
A reference to a Cable System in this chapter
refers to any part of such System, including, without limitation,
Converters. The foregoing definition of "Cable System" shall not be
deemed to circumscribe or limit the authority of the County to regulate
or Franchise the activities of any other communications system or
provider of communications services to the full extent permitted by
law.
A time or frequency slot or technical equivalent on the Cable
System, discretely identified and capable of carrying full motion
color video and audio, and may include other nonvideo subcarriers
and digital information.
[Amended 2-14-2017 by Ord. No. 16-26]
Actual working control or ownership of a System in whatever
manner exercised. A rebuttable presumption of the existence of Control
or a Controlling Interest shall arise from the beneficial ownership,
directly or indirectly, by any Person or entity (except underwriters
during the period in which they are offering securities to the public)
of 25% or more of a Cable System or a Franchise under which the System
is operated. A change in the Control or Controlling Interest of any
entity which has Control or a Controlling Interest in a Grantee shall
constitute a change in the Control or Controlling Interest of the
System under the same criteria. Control or Controlling Interest as
used herein may be held simultaneously by more than one Person or
entity
An electronic device which converts signals to a frequency
not susceptible to interference within the television receiver of
a Subscriber, and by an appropriate Channel selector also permits
a Subscriber to view more than 12 Channels delivered by a System at
designated Converter dial locations.
The County Commissioners of Queen Anne's County, Maryland,
and any agency or department thereof. The County may also be referenced
as Franchising Authority or Grantor.
The administrative head of the County, or his designee.
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
A nonexclusive authorization, or renewal thereof, evidenced
by a written Franchise Agreement, granted pursuant to this chapter
and applicable law, to construct, operate and maintain a Cable System
within the Public Rights-of-Way to provide Cable Service within all
or a specified area of Queen Anne's County. The term "Franchise" includes
the Franchise Agreement. 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
Queen Anne's County as required by state or local law, ordinances,
or regulations, or for attaching devices to poles or other structures,
whether owned by the County or a private entity, or for excavating
or performing other work in or along the Public Rights-of-Way.
The geographic area within Queen Anne's County that a Grantee
is authorized to serve by its Franchise.
The fee imposed by the County pursuant to § 29-13 of this chapter. The term "Franchise Fee" does not include:
Any tax, fee or assessment of general applicability
(including any such tax, fee, or assessment imposed on both utilities
and cable operators);
Capital costs that are required by a Franchise
Agreement to be incurred by the cable operator for public, educational
or governmental access facilities; or
Requirements or charges incidental to the awarding
or enforcing of a Franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties, or
liquidated damages.
A Person or entity to whom or which a Franchise is granted
by the County pursuant to this chapter, along with the lawful successors
or assigns of such Person or entity.
[Amended 2-14-2017 by Ord. No. 16-26]
All revenue received directly or indirectly by a Grantee arising
from, attributable to, or in any way derived from the operation of
a Cable System in the County to provide Cable Services. Gross Revenues
shall include, but are not limited to, the following:
Basic Services fees;
Fees charged to Subscribers for any Cable Service tier other
than Basic Service;
Fees for all digital video Cable Services;
Fees charged for premium Cable Services;
Fees for video-on-demand;
Fees charged to Subscribers for any optional, per-channel or
pre-program Cable Services;
Revenue from the provision of any other Cable Services;
Charges for installation, additional outlets, relocation, disconnection,
reconnection and change-in-service fees for video or audio programming;
Fees for changing any level of Cable Service programming;
Fees for service calls for Cable Services;
Inside wire maintenance fees for Cable Services;
Service plan protection fees for Cable Services;
Convenience fees for Cable Services;
Early termination fees;
Fees for leased access channels;
Charges based on the lease of any portion of the Cable System
for Cable Service;
Rental or sales of any and all equipment used to provide Cable
Services, including converters and remote control devices;
Any and all locally derived advertising revenues;
Revenues or commissions from locally derived home shopping channels;
Revenue from interactive television services to the extent deemed
"Cable Services" under applicable law;
Fees for any and all music services;
Late payment fees for Cable Services;
Billing and collection fees for Cable Services;
NSF check charges for Cable Services; and
Franchise fees.
Gross Revenues shall not include any revenue from the provision
of any telephone or internet service, bad debts, investment income,
Subscriber's refunds or credits, refunded deposits, or any taxes
on services furnished by Atlantic Broadband and imposed directly upon
any Subscriber or user by the County, state, federal or other governmental
unit.
A Grantee who has not previously been granted a Franchise
by the County.
All areas in Queen Anne's County that will receive Cable
Service initially, as set forth in any Franchise Agreement.
The connection of the System to Subscribers' terminals, and
the provision of Cable Service.
As applied to a Grantee, those hours during which similar
businesses in Queen Anne's County are open to serve customers. In
all cases, Normal Business Hours shall include some evening hours
at least one night per week, and some weekend hours.
Those service conditions which are within the control of
a Grantee. Those conditions which are not within the control of a
Grantee include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe
or unusual weather conditions. Conditions which are ordinarily within
the control of the Grantee include, but are not limited to, special
promotions, pay-per-view events, rate increases, regular peak or seasonal
demand periods, and maintenance or upgrade of the Cable System.
The complete loss of picture, sound, or both, on multiple
Channels from a common problem which affects multiple customers on
the System.
An access channel that consists of local public, educational
and/or governmental programming.
[Amended 2-14-2017 by Ord. No. 16-26]
Any natural person or any partnership, association, joint-stock
company, joint venture, domestic or foreign corporation, stock or
nonstock corporation, limited liability company, professional limited
liability company, or organization of any kind, or any lawful successor
thereto or transferee thereof. Such term does not include the County.
The surface of and all rights-of-way and the space above
and below any public Street, road highway, freeway, lane, path, public
way or place, sidewalk, alley, court, boulevard, parkway, drive or
easement now or hereafter held by the County for the purpose of public
travel and shall include other similar easements or rights-of-way
as shall be now held or hereafter held by the County which shall,
within their proper use and meaning, entitle a Grantee to the use
thereof for the purposes of installing poles, wires, cable, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances, attachments,
and other property as may be ordinarily necessary and pertinent to
a Cable System.
The loss of either picture or sound, or both, on one or more
Channels, affecting at least one Subscriber on the System.
The State of Maryland.
Any Person lawfully receiving Cable Service provided by a
Grantee by means of or in connection with the Cable System and who
pays the charges therefor, except such Persons or entities authorized
to received Cable Service without charge as provided for in a Franchise
Agreement.
A Person utilizing a Cable Television System Channel for
purposes of production or transmission of material to Subscribers,
as contrasted with receipt thereof in a Subscriber capacity.
