For purposes of this chapter, and where not
otherwise inconsistent with the context of a particular section, the
defined terms, phrases, words, abbreviations and their derivations
shall have the meaning given in this section. When not inconsistent
with the context, words in the present tense include the future tense,
words used in the plural number include words in the singular number,
and words in the singular number include the plural number. The words
"shall" and "will" are always mandatory and not merely directive.
ABANDONED CALLS
Those telephone calls that are connected to an MCS provider's
general information number, without being attended by a representative
of the MCS provider, or by a device capable of problem and/or inquiry
resolution (e.g., placing a service request, placing a work order,
directing calls to the appropriate personnel or the like).
ABANDONMENT
The cessation of use by a multichannel service (MCS) provider
of any portion, component, facility or equipment of its multichannel
system in the town for a period of greater than 60 consecutive days.
ACCESS CHANNEL
A government, education or public channel which is carried
on a multichannel system, but which is not part of any institutional
network. "Access channel" also means a channel dedicated in whole
or in part for programming that is not originated, produced or controlled
by an MCS provider, unless the MCS provider is delegated as the channel
administrator or operator, including but not limited to public, educational
or governmental access programming (i.e., "PEG" access) or leased
access programming.
ACCESS CORPORATION
The nonprofit corporation or other entity which may be designated
by the town and operated for the purpose of coordinating the provision
of public, educational and governmental access programming and providing
other services within a franchise area.
ACTIVATED
The delivery of service using the multichannel system or
otherwise using the system to transmit service.
ACTIVATED CHANNEL
A channel engineered at the headend of the multichannel system
for the provision of services generally available to residential subscribers
of the multichannel system, regardless of whether such services actually
are provided, including any channel designated for governmental, educational
or public use.
ADMINISTRATOR or MCS ADMINISTRATOR
A.
The individual designated by the Board who will
act as the technical and administrative liaison or representative
of the town, the subscribers and the public in the town in matters
dealing with customer or subscriber service, consumer protection issues,
repair and maintenance of the system, adequacy of signal quality,
system reliability, service areas, reception problems, compliance
and performance reviews, rate increase requests if applicable and
all other matters affecting or concerning the administration of a
franchise agreement or other agreement, license or permit granted
pursuant to this chapter.
B.
Pursuant to this chapter, the MCS Administrator
may be designated as the point of contact for all matters relating
to a franchise or other agreement, license or permit, or a franchisee
or other MCS provider, or the signatory to such other agreement or
the holder of such permit.
C.
If designated, unless specifically directed
otherwise by the Town Board, it shall at all times be presumed that
the MCS Administrator is acting as the Board's designee and under
the Board's direction.
AFFILIATE
When used in relation to any person, another person who owns
or controls, is owned or controlled by or is under common ownership
or control with such person.
AGREEMENT or FRANCHISE AGREEMENT or OTHER AGREEMENT or OPERATING
PERMIT or PERMIT or LICENSE
The document of authorization granted by the town to construct,
operate, maintain, repair, replace, upgrade and provide service over
a multichannel system as is permissible under law, together with the
written proposals and oral representations for a franchise, other
agreement, license or permit or other agreement, permit or license,
and any appendixes thereto, to the extent expressly incorporated therein,
and all amendments, renewals or replacements thereof, including proposals
for renewals or replacements. All of these terms mean the authority
by which the multichannel service provider is authorized and permitted
to construct, operate, maintain, repair, replace, upgrade and provide
service over a multichannel system. The particular type and scope
of franchise, other agreement, license or permit, and any distinction
between an agreement or permit or license, may be dependent upon the
scope of authority the town has over a given type of operator or provider
of multichannel service as permitted by law.
A LA CARTE or MENU-DRIVEN or MENU-DRIVEN CABLE or MENU-DRIVEN
PROGRAM/SERVICE
The process whereby the MCS provider offers multichannel
services via the multichannel system in a format that allows the subscriber
to select and be charged for multichannel services on either a per-channel,
per-program, or per event basis. Menu-driven cable, or any functional
equivalent thereof, allows the subscriber to create his or her own
service tier(s) or cluster(s) and the opportunity to change the composition
of his or her tier(s) or cluster(s) on a periodic basis.
ALTERNATIVE USER CHARGE
A charge used in place of a franchise fee or its functional
equivalent that is paid by an MCS provider. An alternative user charge
shall not be based on an MCS provider's gross annual revenues (as
is the case in a franchise fee or as may be the case with the fee
associated with another form of agreement, license or permit) but
shall be based on the value of the town property or right-of-way that
an MCS provider uses to construct, maintain and operate its multichannel
system.
APPLICANT
A person submitting an initial application or proposal to
the town for a franchise, other agreement, license or permit, where
required, to operate a multichannel system under the terms and conditions
set forth in this chapter and any state regulations.
APPLICATION or PROPOSAL
Synonymous for the purposes of this chapter. An "application"
or "proposal" means the process by which the applicant submits a request
and indicates a desire to be granted a franchise, other agreement,
license or permit, where required, for all or a part of the town.
An "application" or "proposal" includes all written documentation
and verbal statements and representations, in whatever form or forum,
that is made by an applicant to the town concerning the construction,
rendering of services, maintenance or any other matter pertaining
to the proposed multichannel system and its operation.
ASSIGNMENT or TRANSFER
Any transfer of a franchise, other agreement, license or
permit, in whole or in part, whether by sale, assignment, lease or
other form of alienation or any change in operational, managerial
or financial control of more than 10%.
AUXILIARY EQUIPMENT
Equipment supplied by the MCS provider (such as a converter,
remote control unit or device, digital tuner, input selector switch
or passive devices) which is used to enhance or assist in the reception
or provision of multichannel service.
BASIC CABLE TELEVISION SERVICE or BASIC SERVICE
Any service tier or combination of services which includes
the retransmission of local television broadcast signals and any public,
educational and government access channels. The term "basic cable
television service" or "basic service" necessarily includes any service
tier or programming service required under the provisions of the Cable
Television Consumer Protection Act of 1992 and the Telecommunications
Act of 1996 at 47 U.S.C.
BOARD or TOWN BOARD
The Town Board for the Town of Cortlandt, New York, which
is the legislative body for the Town of Cortlandt, New York. For purposes
of clarification, the "Town Board" or "Town" is the franchising authority
for the Town of Cortlandt, New York.
CABLE ACT or CCPA
The Cable Communications Policy Act of 1984, as amended by
the Cable Television Consumer Protection Act of 1992 and the Telecommunications
Act of 1996, all of which are amendments to the Communications Act
of 1934.
CABLE CHANNEL or CABLE TELEVISION CHANNEL
A portion of the electromagnetic or light frequency spectrum
used in a cable system which is capable of delivering a television
channel (as "television channel" is defined by FCC regulation).
CABLE OPERATOR
Any person or group of persons who:
A.
Provides cable television service over a cable
system and directly or through one or more affiliates owns a significant
interest in such cable system; or
B.
Otherwise controls or is responsible for, through
any arrangement, the management and operation of such a cable system.
CABLE SERVICE
A.
The one-way transmission to subscribers of video
programming or other programming service; and
B.
Subscriber interaction, if any, or other programming
which is required for the selection or use of such video programming
or other programming service.
CABLE SYSTEM or CABLE TELEVISION SYSTEM
A 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, voice-activated
ordering capability or other nontelephonic or non-person-to-person
voice uses or services, or uses of data related to the ordering or
provision of services, and which is provided to multiple subscribers
within the town, including the provision or use of data used to maintain
and operate the cable system. However, such terms do not include the
following:
A.
A facility that serves only to retransmit the
television signals of one or more broadcast stations;
B.
A facility that serves only subscribers in one
or more multiple-unit dwellings under common ownership, control or
management unless such facility or facilities uses any public rights-of-way
for the provision of multichannel service or to otherwise generate
revenue by the provision of multichannel or cable service;
C.
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, except that such facility shall be considered a cable
system [other than for purposes of section 621(c) of the Cable Act,
codified at 47 U.S.C. § 541] to the extent such facility
is used in the transmission of video, voice or data programming or
service directly to subscribers, including other programming services,
or for purposes of ordering service or changes of service, or for
purposes of maintaining the system, unless otherwise precluded or
exempted from this definition by federal or state law or regulation;
D.
An open video system that complies with Section
653 of the Communications Act; or
E.
Any facilities of any electric utility used
solely for operating its electric utility.
CHANNEL
A.
A band or group of frequencies in the electromagnetic
spectrum, or any other means of transmission (including, without limitation,
optical fibers or any other means now available or that may become
available), which has the technical ability to carry a video signal
in the National Television Systems Committee (NTSC) or similar format,
or in any format devised or approved in the future by the Federal
Communications Commission (FCC) or an audio, voice or data signal.
All video channels shall include their vertical blanking intervals,
all other video components, all aural components, including subcarriers,
and all closed-captioning intended for reception by the hearing impaired
and others. Such shall be transmitted and provided to subscribers
on the multichannel system, unless the operator deletes them in accordance
with FCC, copyright and other applicable rules.
B.
As a matter of consumer protection, where appropriate
and feasible, the MCS provider may be required to employ signal-enhancing
technologies where a problem with signal quality exists that can be
remedied or mitigated, such as ghosting or audio-instability. However,
the choice of the technology employed to alleviate or remove the problem
shall be the prerogative of the operator. The franchisee or other
MCS provider may delete signal-enhancing technologies from the broadcast
signal, if instead the franchisee or other MCS provider employs such
enhancements at its system headend or hub. "Channel" shall also mean
discrete segments of bandwidth reserved for the provision of multichannel
service, including but not limited to data transmissions and other
programming or programming or communications, even if a different
bandwidth is used than that used to provide video programming.
CHARGE
A one-time or non-regularly occurring cost paid by the subscriber
and which is associated with the installation, maintenance, service
or repair of the multichannel or cable service.
COLLECTION CHARGE
A charge or fee assessed on a customer or subscriber by an
MCS provider for efforts at collecting, or attempting to collect,
a past due and/or delinquent account.
COMPLAINT
Any verbal or written claim of dissatisfaction with the multichannel
service, other programming or communications services or operations
of the franchisee or other MCS provider that are permitted to be regulated
under this chapter, including but not limited to matters of signal
quality and billing, that are made by a person to either the franchisee
or other MCS provider or the MCS administrator and which requests
or requires corrective action by the franchisee or other MCS provider
to its multichannel services, other programming or programming or
communications services or operations over the multichannel system,
or to any portion of the system. This shall also include any necessary
investigation subsequent to a service or trouble call, and any research
and/or additional service call or work activity, such as the delivery
or replacement of a remote control device, converter or other equipment,
as may be undertaken by a franchisee or other MCS provider, its employees
or agents.
COMPLETE or COMPLETION
A.
With respect to any construction, reconstruction,
rebuilding or upgrading of the system, means that in each instance:
(1)
Attachment strand has been put in place for
aerially serviced areas and all needed cable has been securely and
properly lashed to such strand; or,
(2)
In areas serviced underground, that all cable
has been placed correctly in trenches as required by applicable code
and this chapter, the trenches have been refilled, all disturbed road
surfaces have been restored as required and all landscaping restoration
has been completed as required.
B.
"Complete" or "Completion" further means that:
(1)
All amplifier housings and modules, and all
line extenders and all other active and passive devices necessary
for the operation of the system and the provision of service, have
been installed (including modules for return path signals if bidirectional
activation has been proposed or committed to);
(2)
Primary and backup/standby power supplies have
been installed and operate properly, as required;
(3)
All bonding and grounding has been completed;
(4)
Construction or reconstruction of all headends
or hubs has been completed, and all necessary processing equipment
has been installed therein and is functioning as required; and
(5)
Any and all other construction or reconstruction
necessary for the multichannel system to deliver multichannel service
to subscribers has been completed, including the initial installation,
or, in the case of a rebuild or upgrade of the system, the replacement
of drops to each and every subscriber unit passed if such is either
needed or proposed, pursuant to the plans, specifications, representations
and commitments submitted to and approved or accepted by the town.
C.
Before connecting new or technologically upgraded
service to any subscriber, the franchisee or other MCS provider shall
conduct and complete proof-of-performance tests on each new or technologically
upgraded portion of the multichannel system and shall demonstrate
to the town's satisfaction compliance with the FCC's technical standards,
unless the town is explicitly prohibited by FCC regulation from requiring
such demonstration. Multichannel services provided to segments of
less than the entire multichannel system in the town will be activated
only when the proof of performance is completed and never before.
D.
Any significant construction, reconstruction,
upgrade or rebuild of any portion of the multichannel system will
not be considered complete until proof-of-performance tests have been
conducted on such portion or segment (or in the case of the entire
multichannel system, on all segments of the multichannel system),
in compliance with the signal quality requirements of the FCC's technical
standards. Any performance characteristics of any segment which are
found not to comply with said technical standards must have been corrected
before construction is deemed complete.
E.
The term "completion," in relation to the construction
or reconstruction, upgrade or rebuild, does not include the marketing
and installation of subscriber service.
F.
Furthermore, construction, reconstruction, upgrade
or rebuild shall not be deemed complete unless and until all customers
or subscribers in any portion or area being constructed, reconstructed,
upgraded or rebuilt are able to receive all multichannel services
offered, whether or not individual services or levels of service are
subscribed to. Further, if applicable, construction, reconstruction,
upgrade or rebuild shall not be deemed complete until the wreck-out
or removal of the old segments of the multichannel system has been
completed to the reasonable satisfaction of the town.
COLLECTION CHARGE
A charge or fee imposed on a customer or subscriber by an
MCS provider for such provider's efforts at collecting, or attempting
to collect, a past due and/or delinquent account.
CSR
A customer or subscriber service representative.
CUSTOMER
A subscriber or user of the services and/or facilities of
the multichannel system provided by an MCS provider.
DIMINUTION OF SIGNALS
Any partial loss, or visibly or audibly noticeable and objectionable
degradation of multichannel service or other programming or communications
services (except for force majeure situations as defined in this chapter),
including the partial loss or degradation or disruption of picture,
sound, voice or data on one or more channels, regardless of the duration
of such degradation or disruption. With respect to multichannel services,
diminution of signal may be detected by the presence of snow, lines,
bars, ghosting, static, noise, audio external to the system or any
other objectionable and visually or audibly discernible disruption
or interference, or other manifestation not contained within the signal
received by the MCS provider, or prior to its introduction or entry
into the system, which leads to or causes the quality of signal received
to be unusable, inconsistent, erratic, objectionable or unreliable.
As diminution of signals can occur even when the system is in compliance
with FCC technical standards, the subscriber shall be the determiner
of whether a diminution of signals is being experienced, so long as
the manifestation is visually or audibly discernible without magnification
or amplification other than eye glasses.
DISASTER EMERGENCY
An imminent, impending or actual natural or humanly induced
situation wherein the health, safety or welfare of the residents of
the town is threatened. A disaster emergency (by illustration) may
include a severe climatic or meteorological storm, dam failure, flood,
tornado, hazardous waste infiltration, fire, petroleum or chemical
spill, explosion, vehicle accident of significant effect, or aircraft
crash.
DOWNGRADE
A change in the level of a subscriber's multichannel service
from a more comprehensive and expensive level of multichannel service
(in terms of services or channels provided) to a less comprehensive
and less expensive level of multichannel service.
EASEMENT
Includes any public or compatible use easement created by
dedication to the town, or by other means, for public utility purposes
or any other purpose, including cable television or any multichannel
service. "Easement" shall also include a private easement used for
the provision of cable service or any other multichannel service.
FCC
The Federal Communications Commission and/or such other federal
regulatory agency as now or in the future may have jurisdiction to
oversee the operation of MCS providers and their systems.
FCC RULES
The rules and regulations adopted from time to time by the
FCC, pursuant to the Communications Act of 1934 and the Telecommunications
Act of 1996, as amended, or other applicable federal law.
FCC TECHNICAL STANDARDS
The technical standards of the Federal Communications Commission
[e.g., as set forth in Part 76, Subpart K (Technical Standards) of
the FCC's Rules, 76 CFR 76.601 et seq., as amended from time to time].
FRANCHISE
The initial authorization, or subsequent renewal, granted
by the town in order for a person to construct, operate, and/or maintain
a franchised MCS system in all or part of the town.
FRANCHISE AGREEMENT
The separate contract by which the town grants an MCS provider
the right to operate a franchised multichannel system within all or
a part of the town, in accordance with the town's franchising authority.
A franchise, other agreement, license or permit may be, and can be
expected to be, different in scope and content from other permissible
grants of authority, according to applicable law.
FRANCHISEE or OTHER MCS PROVIDER
Any multichannel service provider that has been granted a
valid franchise agreement, or other agreement, license or permit by
the town, and that is subject to the town's regulator authority as
set forth in this chapter, in whole or in part, as represented by
any section or combination of sections of this chapter.
FRANCHISE FEE
The amount charged a multichannel system provider by the
town for the cost of administering and enforcing the franchise, other
agreement, license or permit and may but need not necessarily include
recompense for the cost of maintaining the public property and rights-of-way
occupied by the multichannel system, on a reasonably pro-rata basis
with respect to the percentage of space used by all other coexistent
occupants or providers of utility or utility-like services that occupy
the public property and rights-of-way.
FRANCHISED MCS PROVIDER
A person who is awarded a franchise, other agreement, license
or permit by the town to construct or operate a franchised multichannel
system within all or part of the town. The term "franchised MCS provider"
specifically includes a "cable operator," but is not limited to such.
FUNCTIONAL EQUIVALENT or FUNCTIONALLY EQUIVALENT
A.
With respect to a specifically named piece of
multichannel system equipment, another piece of equipment that either:
(1)
Has the same or substantially similar characteristics,
qualities, operational capabilities and design functions as the original,
specifically named or referenced piece of multichannel system equipment;
(2)
Operates in substantially the same form and
fashion as the original, specifically named or referenced piece of
multichannel equipment; or
(3)
Operates in a technologically superior manner
to the original, specifically named or referenced piece of multichannel
equipment.
B.
With respect to matters not involving equipment,
the term also means something that equates to or is intended to effect
the same or a substantially similar outcome or function in effectively
the same manner or for the same purpose.
GROSS REVENUE
For any period of time, any and all revenues or other valuable
consideration of any kind whatsoever which are derived directly or
indirectly from the operation of the multichannel system within the
town and that are attributable to, or are occasioned by, the grant
of the franchise, other agreement, license or permit, regardless of
the familial or organizational relationship with the franchisee, licensee
or permittee of the recipient of said revenue.
A.
There shall be permitted to be deducted from
gross revenues:
(1)
Bad debts actually written off by a franchisee
or other MCS provider in the normal course of its business; provided,
however, that subsequent recovery of bad debts previously deducted
shall be included in gross revenue in the next reporting/payment period;
and
(2)
Refunds actually paid to subscribers or other
third parties.
B.
Gross revenues shall not include the following:
any revenue specifically exempted by the federal Cable Act, state
law or by any ultimate federal or state judicial ruling or by specific
FCC ruling. For any revenue an MCS provider seeks to exempt from the
definition of "gross revenue," the MCS provider shall have the burden
of proving to the town that any such excluded revenue is specifically
exempted by the Cable Act, state law, an ultimate federal or state
judicial ruling or by specific FCC ruling. Including, but not limited
to the above, gross revenues shall not include the following:
(1)
Any tax of general applicability imposed upon
a franchisee or other MCS provider or upon the franchisee's or other
MCS provider's subscribers by state, federal or any other governmental
entity and required to be collected by the franchisee or other MCS
provider and remitted to the taxing entity (including but not limited
to user taxes, service taxes and communications taxes), provided that
such taxes are identified as a separate line item on subscriber bills
or statements;
(2)
Any revenue received by the franchisee or other
MCS provider from any person for services not attributable, in whole
or in part, to the operation of its multichannel system or to other
programming or communications serving the town, including but not
limited to revenue derived from electronics retailing, mail marketing
or telephone answering services which do not rely upon the use of
the franchisee's or other MCS provider's multichannel system or other
programming or communications service, delivery services and video
production services for programming or other programming or communications
services which are not transmitted over or used in conjunction with
the system; and
(3)
Any revenue which the franchisee or other MCS
provider chooses not to receive in exchange for its provision of free
or reduced cost multichannel services or other programming or communications
services to any person. However, such revenue which is not included
due to franchisee's or other MCS provider's decision not to receive
in exchange for trades, barters, services or other items of value
shall be included in Gross Revenues.
C.
In computing Gross Revenues from sources other
than subscriber revenue where it is not possible to isolate the amount
derived from within the town, and that is attributable to the grant
of a franchise, other agreement, license or permit, or the operation
of franchisee's or other MCS provider's multichannel system both inside
the town and outside the town, the total or aggregate revenue received
by a franchisee or other MCS provider from such sources shall be computed
as follows: Said revenues shall be multiplied by a fraction, the numerator
of which shall be the number of franchisee's or other MCS provider's
subscribers in the town as of the last day of the required payment
period, and the denominator of which shall be the number of subscribers
within all areas served by a franchisee's or other MCS provider's
system as of the last day of the required payment period. The result
shall then be multiplied by the percentage used to compute the franchise
fee or other fee assessed as a percentage of revenue. For purposes
of example only, the following are types and sources of nonsubscriber
revenue intended to be included in Gross Revenue, whether received
directly or indirectly and regardless of the familial or organizational
relationship with the franchisee, licensee or permittee of the recipient
of said revenue:
(1)
The sale or rental of subscriber lists;
(3)
Payments from home shopping services;
(4)
Commissions or bonuses of any kind from vendors
or programmers;
(5)
Rebates from programmers and vendors of any
kind;
(6)
Viewing guide sales, including electronic guides;
(7)
The lease of channel capacity; and
(8)
Payments or commissions from "900" phone numbers
advertised on the system.
HEADEND
The electronic control center where incoming signals, including
those of television broadcast stations are amplified, modulated, filtered,
converted or in any way processed or converted for redistribution
to subscribers.
IMPRACTICABLE
When used in a noneconomic or nonfinancial or noncommercial
context, has the meaning ascribed in the most current edition of Webster's
Encyclopedic Unabridged Dictionary of the English Language.
INITIAL ACTIVATION or INITIALLY PROVIDING MULTICHANNEL SERVICE
or INITIAL PROVISION OF MULTICHANNEL SERVICE
With respect to a particular portion, part or segment of
the multichannel system or group of segments or the entire multichannel
system means that all proposed multichannel services and multichannel
system capabilities, as stated in a franchise agreement or other agreement,
license or permit, or in any proposal that is by reference included
in any franchise agreement or other agreement, license or permit,
are available and that the construction, reconstruction or upgrade
has been completed (see definition of "complete") and the completed
segment(s) in question, or the entire system, is capable of actually
delivering multichannel services to each and every subscriber and
residence or business in each segment, pursuant to the plans and specifications
as may have been approved by the town.
INSTALLATION CHARGE or CONNECTION FEE
That charge or fee imposed on a subscriber for the initial
installation or reconnection of service or the relocation of equipment
necessary to obtain or use multichannel services or other communication
services.
INTERNET
A.
That interconnected combination of networks
that evolved from the original ARPANET experiment and the National
Science Foundation subsidized Internet.
B.
An interconnection of networks that provides
user-to-user or address-to-address communications services, or multichannel
or other programming services, or data transmission services.
INTERNET ACCESS
The availability of access to a subscriber of the Internet.
LEASED ACCESS CHANNEL
The channel capacity a franchisee or other MCS provider is
required by federal law to designate for use by commercial endeavors
or purposes and that are not affiliated with the franchisee or other
MCS provider, pursuant to Section 612 of the Communications Act of
1934, as amended.
LATE CHARGE
A charge which is added to a customer or subscriber's account
or bill for nonpayment of a previously due and currently delinquent
account. An administrative charge imposed because of a late payment
is deemed the same as a late charge.
LINE EXTENSION
An extension of the multichannel system requiring additional
trunk or feeder cable, or both, or additional fiber optic distribution
cable or additional active electronic devices to amplify the signal
or an additional fiber node, but does not include individual service
drops beyond 200 feet that may require additional feeder cable.
LOCAL LAW
The Multichannel Service Provider Regulatory Law for the
Town of Cortlandt, New York.
LOSS OF SERVICE or OUTAGE
The complete loss of picture and sound on either the lowest
tier of service, or on all tiers or levels of service that is caused
by, attributable to or occasioned by problems with the operation of
the system or any components of the system or the failure of such.
More than one instance of a loss of service from the same portion
of the system or affecting the same address or addresses, within the
town that occurs within a twenty-four-consecutive-hour period shall
be deemed a single, continuous loss of service. The time used to measure
the duration of the loss of service shall be from the time of the
first reported loss of service to the restoration of the last reported
loss of service.
MCS
Multichannel service.
MULTICHANNEL PROGRAMMING SERVICE
A.
The one-way transmission to subscribers of video
programming or other programming service; and
B.
Subscriber interaction, if any, or other programming
which is required for the selection or use of such video programming
or other programming service.
MULTICHANNEL SYSTEM
A.
A facility either employing or consisting of
a set of closed transmission paths and associated signal generation,
reception and control equipment that is designed to provide multichannel
service which includes video subscription service of any kind other
than as defined in Title II of the Communications Act of 1934, as
amended by the Telecommunications Act of 1996, voice-activated ordering
capability, or other nontelephonic or non-person-to-person voice uses
or services, or uses of data related to the ordering or provision
of services, and which is provided to multiple subscribers within
the town, including the provision or use of data used to maintain
and operate the multichannel system. However, such term does not include
the following:
(1)
A facility that serves only to retransmit the
television signals of one or more broadcast stations;
(2)
A facility 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 rights-of-way
for the provision of multichannel service or to otherwise generate
revenue by the provision of multichannel service;
(3)
Those facilities of a common carrier that are
subject to the provisions of Title II of the 1934 Communications Act,
as amended by the Telecommunications Act of 1996, except that such
facility shall be considered a "multichannel system" [other than for
purposes of Section 621(c) of the Act, codified at 47 U.S.C. § 541]
to the extent such facility is used in or for the transmission of
video, voice, or data programming or service to subscribers, including
other programming services, or for purposes of ordering service or
changes of service, or for purposes of maintaining the system, unless
otherwise precluded or exempted from this definition by federal or
state law or regulation; or
(4)
Any facilities of any electric utility used
solely for operating its electric utility.
B.
This definition shall always be subject to federal
preemption or limitation.
MULTICHANNEL SERVICE
The transmission of video programming and other programming
or data transmission services, subscription service of any kind, except
as expressly exempted by Title II of the 1934 Communications Act,
as amended by the Telecommunications Act of 1996, interactive services
and other broadband information services to and/or from subscribers
and that is generally made available to subscribers, together with
subscriber interaction functions which may be necessary for the selection
of programming or subscription service other than as expressly exempted
by Title II of the 1934 Communications Act, as amended by the Telecommunications
Act of 1996. Multichannel service shall not include other programming
or communications services if prohibited by federal law or rule.
NONRENEWAL
Not granting a new franchise agreement or other agreement,
permit or license which grants authority to operate a multichannel
system within the town.
NORMAL OPERATING CONDITIONS
A.
Those conditions which are reasonably within
the control of the MCS provider with respect to the operation and
maintenance of the system and the provision of service using the system.
Those conditions which are not within the control of the MCS provider
include, but are not limited to, labor strikes, sabotage, riots or
civil disturbances of a disastrous nature and effect, explosions,
acts of public enemies, unusually severe or catastrophic weather conditions,
natural disasters as declared by appropriate government officials,
fires and wide-spread commercial power failures that exceed the capabilities
of the backup power supplies of the system or communication facilities
failures used in the receipt of programming.
B.
Those conditions which are deemed within the
control of the MCS provider include, but are not limited to, financial
situations other than the declaration of bankruptcy or insolvency,
marketing promotions, loss of standby power up to the period of time
for which the manufacturer has rated the standby power unit to operate,
rate increases, regular or periodic periods of high demand with respect
to labor intensive functions, the regular inspection and maintenance
of the system, required testing of the system, the timely remedy of
safety and other code violations and the timeliness and technological
design with respect to any upgrade of the system.
OTHER PROGRAMMING OR COMMUNICATIONS
Those communications that do not involve the transmission
to subscribers of programming or other multichannel services. Other
programming or communications services include but are not limited
to telephony and voice services.
OTHER PROGRAMMING SERVICE
Information that an MCS provider (specifically including
but not limited to a cable operator and/or SMATV operator) makes available
to all subscribers generally.
PEG
Public, educational and governmental.
PEG ACCESS
Any programming or legitimate, permissible activity related
to the functioning of a program or channel designed and intended to
provide programming on a not-for-profit basis by government, the educational
community or the public at large using the channel(s) dedicated to
or used for the provision of PEG programming.
PERSON
Any individual, corporation, estate, trust, partnership,
association of two or more persons having a joint common interest,
joint stock company or governmental entity.
PRIMARY SERVICE AREA
That portion of the town required or committed to be built
and operated under a franchise agreement or other agreement, permit
or license.
PROPERTY
All the tangible or intangible property owned, installed,
rented, leased or used by a franchisee or other MCS provider in the
conduct of providing multichannel service and that is utilized in
the operation of the system in the town.
PROPOSAL or APPLICATION
A written proposal or request by an MCS provider to provide
multichannel services to residents, businesses, industries and institutions
within the town. Notwithstanding the foregoing, nonwritten or verbal
representations or commitments made to the Town Board or its designee
in relation to or in support of a written proposal shall be deemed
a part of the proposal and may be relied upon as though they were
written.
PSC
The Public Service Commission of the State of New York.
RATE
The periodic price paid by a subscriber for the receipt of
any multichannel service provided by an MCS provider.
RENT
The compensation paid by a multichannel service provider
to the town for the occupation and use of the public property and
rights-of-way used to provide multichannel service within the town.
REVOCATION or TERMINATION
An official act by the Town Board that removes, repeals or
rescinds any previously approved authorization for a licensed, permitted
or franchised MCS provider to operate a multichannel system within
the town.
SCHEDULED OUTAGE
Any planned service interruption or diminution of signals,
regardless of the number of channels affected or the duration of the
outage, for which both the town and subscribers have been notified
at least 48 hours in advance and that does not exceed four hours'
duration for any given address.
SERVICE
Multichannel service, as defined in this section.
SERVICE INTERRUPTION
The loss of any tier or incremental billing level of multichannel
service or separately priced service such as those offered on a per-channel
basis or any other multichannel or other communications services that
are delivered, or provided by or attributable to or occasioned by
the operation of the multichannel system or any components of the
system. Further, more than one service interruption that occurs within
a twenty-four-consecutive-hour period shall be deemed a single, continuous
interruption of multichannel service or other communications services.
Failure to meet FCC technical standards at any location within the
town shall be deemed a service interruption during the period of time
when the multichannel service or any other communications services
does not comply with FCC's technical standards. Notwithstanding the
preceding, a scheduled outage is not a service interruption, provided
that it does not exceed four hours' duration for any address within
the town. Two or more occurrences of a diminution of signals within
any twenty-four-consecutive-hour period shall constitute a single,
continuous service interruption. A scheduled diminution, provided
that there is forty-eight-hour advance notification to the town and
subscribers, is not a service interruption.
SERVICE OUTAGE
For purposes of required responses under this chapter, the
loss of audio and/or video (picture and/or sound) on the basic or
lowest level, tier or increment of service on the multichannel system.
For purposes of credits or refunds as may be required under this chapter
or any franchise, other agreement, license or permit, a "service outage"
means the loss of audio and/or video or other service provided by
an MCS provider on any tier or level of service for which there is
an individual or separate rate or charge, so as to make that channel,
level, tier or cluster of service effectively unusable in the normal
and usual sense of being able to enjoy or otherwise use the service
or services, and which is not caused by the failure or malfunction
of a subscriber's television receiver or monitor or by the misfeasance
or malfeasance of the subscriber.
SERVICE TIER or BILLING INCREMENT
A category of multichannel service or other programming service
provided by an MCS provider, and for which a separate rate is charged
by an MCS provider.
SIGNIFICANT INTEREST
Any person or entity that directly or indirectly holds or
owns a five-percent interest or ownership position in the multichannel
system or the holder of a franchise, other agreement, license or permit
authorizing the construction and operation of a multichannel system
in the town.
SMATV
Satellite Master Antenna Television.
SMATV SYSTEM
A private multichannel system that does not cross or in any
manner use any public rights-of-way and which is located on private
property and serves private dwellings.
STATE
The State of New York.
STREET
The surface of and the space above and below a public street
(or any path or thoroughfare designated for vehicular and/or pedestrian
traffic) or other easement now or hereafter held by the town (including
any street, as defined by eminent domain) for the purpose of public
travel.
SUBSCRIBER
A person lawfully receiving multichannel service or other
communications service delivered by an MCS provider on a multichannel
service system.
SUPERVISOR
The Supervisor of the Town of Cortlandt, New York.
SYSTEM
The multichannel system within the town.
TECHNICAL VIOLATION
A violation of this chapter or any franchise agreement, other
agreement, license or permit that is of no or diminimus negative effect
on the town or the public and that is not repeated after notice by
the town.
TOWN
The Town of Cortlandt, New York.
U.S.C.
The United States Code.
USER
A person or organization utilizing a multichannel system
and/or its equipment or capabilities for purposes of advertising,
production and/or transmission of material, as contrasted with receipt
thereof in the capacity of a subscriber.
VIDEO PROGRAMMING
Programming provided by or generally considered comparable
to programming historically provided by a television broadcast station.
Specifically, "video programming" means a service whose use and value
is largely determined by being able to be viewed.
WORK DAY or WORKING DAY
Those days when the office is normally open for business,
pursuant to the requirements of this chapter.
WRECK OUT
In the context of and with respect to any construction, rebuild,
upgrade, modification or maintenance activity of a multichannel system,
the removal of the old cable, wires, parts and components of any portion
of the system not currently and actively used in the provision of
service.