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 are located in the village. The definition shall not include
any such facility that serves or will serve only subscribers in one
or more multiple-unit buildings under common ownership, control or
management and which does not use village rights-of-way.
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 which 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 village, along with the lawful successors
or assigns of such person or entity.
GROSS REVENUES
(1)
All revenue collected directly or indirectly
by the grantee from the provision of cable service within the village,
including but not limited to basic subscriber service monthly fees,
pay cable fees, installation and reconnection 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 cablecast of any programming developed
on the system for community or institutional use, advertising and
any value (at retail price levels) of any nonmonetary 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.
(2)
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 village are subject to the same compensation requirements
of the village.
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, shall mean those hours during
which similar businesses in the village 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 village 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 village which shall, within their
proper use and meaning, entitle the grantee to the use thereof for
the purpose 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, grantee, corporation or association lawfully
receiving basic and/or any additional service from the grantee.
USER
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.
VILLAGE
The Village of Elm Grove, Wisconsin.