For the purpose of this chapter the following terms,
phrases, words and their derivations shall have the meaning given herein:
BASIC SERVICE
Any subscriber tier provided by the grantee which includes the delivery
of local broadcast stations and public, educational and governmental access
channels. The basic service does not include optional program and satellite
service tiers, a la carte services or per channel, per program or auxiliary
services for which a separate charge is made. However, the grantee may include
other satellite signals on the basic tier.
CABLE SYSTEM or SYSTEM or CABLE TELEVISION SYSTEM
A system of antennas, cables, wires, lines, towers, wave guides or
other conductors, converters, equipment or facilities designed and constructed
for the purpose of producing, receiving, transmitting, amplifying and distributing
audio, video and other forms of electronic, electrical or optical signals,
which includes cable television service and which is located in the city.
The definition shall not include any such facility that serves or will serve
only subscribers in one or more multiple-unit dwellings under common ownership,
control or management and which does not use city rights-of-way.
CITY
The City of New Berlin, Wisconsin.
CLASS IV CHANNEL
A signaling path provided by a cable communications system to transmit
signals of any type from a subscriber terminal to another point in the cable
communications system.
CONTROL and/or CONTROLLING INTEREST
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 10% or more of a cable system or
the franchise under which the system is operated. A change in the control
or controlling interest of an 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.
CONVERTER
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 the system at designated converter dial locations.
FCC
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
GRANTEE
A person or entity to whom or which a franchise under this chapter
is granted by the city, along with the lawful successors or assigns of such
person or entity.
GROSS REVENUES
All revenue collected directly or indirectly by the grantee from
the provision of cable service within the city, including but not limited
to basic subscriber service monthly fees, pay cable fees, installation and
reconnection fees, franchise fees, leased channel fees, converter rentals,
program guides, studio rental, production equipment, personnel fees, late
fees, downgrade fees, revenue from the sale, exchange, use or cable cast of
any programming developed on the system for community or institutional use,
advertising and any value (at retail price levels) of any non-monetary remuneration
received by the grantee in consideration of the performance of advertising
or any other service of the system; provided, however, that this shall not
include any taxes on services furnished by the grantee herein imposed directly
upon any subscriber or user by the state, local or other governmental unit
and collected by the grantee on behalf of the governmental unit. Subject to
applicable federal law, the term "gross revenues" includes revenues attributed
to franchise fees and revenues collected directly or indirectly from other
ancillary telecommunications services (such as, but not limited to, point-to-point
telecommunications, point-to-point multipoint telecommunications, data transmissions,
etc.) but only to the extent that all other providers of such telecommunications
services in the city are subject to the same compensation requirements of
the city.
INSTALLATION
The connection of the system from feeder cable to subscribers'
terminals.
MONITORING
Observing a communications signal, or the absence of a signal, where
the observer is neither the subscriber nor the programmer, whether the signal
is observed by visual or electronic means, for any purpose whatsoever, provided
that "monitoring" shall not include system-wide, non-individually-addressed
sweeps of the system for purposes of verifying system integrity, controlling
return path transmissions or billing for pay services.
NORMAL BUSINESS HOURS
As applied to the grantee, those hours during which similar businesses
in the city are open to serve customers. In all cases, normal business hours
shall include some evening hours at least one night per week and/or some weekend
hours.
NORMAL OPERATING CONDITIONS
Those service conditions which are within the control of the grantee.
Those conditions which are not within the control of the grantee include,
but are not limited to, natural disasters, civil disturbances, power outages,
telephone network outages and severe or unusual weather conditions. Those
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.
STREET
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 city for the purpose of public travel and shall include other
easements or rights-of-way as shall be now held or hereafter held by the city
which shall, within their proper use and meaning, entitle the 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 telecommunications
system.
SUBSCRIBER
Any person, firm, corporation or association lawfully receiving basic
and/or any additional service from the grantee.
USER
(1)
A party 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.
(2)
"May" is permissive; "shall" is mandatory.