This chapter shall be known and cited as the "Cable Communications Ordinance."
The purpose of this chapter is to promote and encourage the furnishing
of a high quality but economical cable communications service to the residents
of the City and to regulate such service in the public interest.
No person shall own or operate a cable system, as defined herein, in
the City, except by franchise granted by the City, which franchise shall comply
with all the requirements of this chapter.
[Amended 8-16-1982 by Ord. No. 82-7; 6-16-1997
by Ord. No. 97-7]
For purposes of this chapter, any subsequent ordinance dealing with
cable communications, any franchise agreement between the City and a cable
communications company, and any application or proposal submitted pursuant
to an RFP or otherwise, the following terms, phrases, words and their derivations
shall have the meanings given herein unless defined differently in such ordinance,
franchise agreement or proposal. When not inconsistent with the context, 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.
The words "shall" and "will" are mandatory, and "may" is permissive. Words
not defined shall be given their common and ordinary meaning.
Services provided by a cable television system on its public, education,
local government, licensed or other access channels.
The person or company submitting a proposal for the franchise of
a cable communications system.
All subscriber services provided by the grantee, including the delivery
of broadcast signals, covered by the regular monthly charge, if any, paid
by all subscribers, excluding optional services for which a separate charge
is made.
To distribute programs, both from broadcasting sources and original
programs, through the community system by means of coaxial cable or other
electrical conductors or fiber optical transmitters.
The business, in whole or in part, of receiving directly or indirectly
over the air, and amplifying or otherwise modifying signals transmitting programs
broadcast by one or more signals, sound signals, pictures, visual images,
digital signals, telemetry, or any other type of closed circuit transmission
by means of electrical or light impulses, whether or not directed to originating
signals or receiving signals off the air, and redistributing such signals
by wire, cable or other means to members of the public.
A system of coaxial cables or other electrical conductors or fiber
optical cables and equipment used or to be used to originate or receive television
or radio signals directly or indirectly off the air and to transmit them via
cable to subscribers for a fixed or variable fee, including the origination,
receipt, transmission, and distribution of voices, sound signals, pictures,
visual images, digital signals, telemetry, or any other type of closed circuit
transmission by means of electrical impulses, whether or not directed to originating
signals or receiving signals off the air.
The local government of Royal Oak and all the territory within its
corporate limits.
The governing body of the local unit of government.
Programming or channel allocation which selectively cablecasts to
individual communities to meet their unique needs or interests. "Community"
refers to any unit with common needs or interests such as individual cities
or neighborhoods, school districts or groups with common characteristics.
The attachment of the drop to the first radio or television set of
the subscriber.
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 all basic
subscriber signals included in the basic service delivered at designated converter
dial locations. The converter may also allow reception of additional programming
and/or services at extra cost to the subscriber.
The cable that connects the subscriber terminal to the nearest feeder
cable of the cable system.
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
Intermediate line of cable system that carries signals from trunk
line to drops.
The rights of a grantee to construct and operate a cable system in
the City, subject to the City Charter, this chapter and the franchise agreement.
The agreement between cable operator and the City setting specific
rights and responsibilities of each for construction and operation of a cable
system.
Not limited to common law fraud and deceit, but includes the meaning
of those words under federal securities law.
A person to whom a cable communications franchise has been granted.
All revenue derived directly or indirectly by the grantee, its affiliates,
subsidiaries, parent, and/or any person in which the grantee has a financial
interest of 5% or more from or in connection with the operation of the system
in the City, including, but not limited to, basic subscriber service monthly
fees, pay cable fees, converter rentals, studio rental, production equipment,
personnel fees, and advertising revenues. The term does not include:
Any taxes on services furnished by the grantee and imposed directly
upon any subscriber or user by the state, City or other governmental unit
and collected by the grantee on behalf of said governmental unit; and
Any dividends, distributions, interest or payments for services between
grantee and its affiliates, subsidiaries and parent.
The equipment at the antenna site in a master antenna or cable system.
The point of origination that collects all the signals (from broadcast stations,
cable stations, and satellite stations) and sends them to the subscribers.
One of two or more elements in a large cable system from which trunk
lines originate, from which programming and data is sent out via trunk lines,
and where upstream messages are received and where switching is accomplished.
Large systems may have multiple hubs linked to each other and/or to master
head end.
The connection of the system from feeder cable to the point of connection.
A two-way operational system. See also "two-way capability."
To link cable systems or head ends so that subscribers to different
cable systems can see the same programming simultaneously.
Programs produced locally, the content of which may be original or
produced elsewhere and sold or licensed to a grantee for use.
Refers to the public opportunity to use cable channels which are
dedicated to that purpose and are not under control of the grantee.
A device which prevents reception of one or more channels at an individual
drop.
A completely interactive closed-circuit net connecting specified
municipal, educational, medical or commercial facilities within a system which
should also have the capacity to be interconnected to the main cable system.
Cable channels that require an additional subscriber fee.
An individual, partnership, corporation, or other entity as the context
may indicate.
A signaling path provided by a system to transmit signals of any
type from a subscriber terminal to another point in the system.
A user providing input services to the cable system for receipt by
subscribers.
An applicant's response to an RFP.
Channels which are dedicated to the public interest, according to
the following categories:
Any real property owned by the City other than a street.
A request by the City for a proposal from applicants for a cable
system.
Optional two-way service(s) offered to cable subscribers which may
alert authorities and/or subscribers of potential emergencies in the subscriber's
home or public or private building.
A person 62 years old or older.
The surface of and the space above and below any public street, road,
highway, freeway, land, path, public way, alley, court, sidewalk, boulevard,
parkway, drive or any easement or right-of-way now or hereafter held by City
which shall, within its proper use and meaning in the sole opinion of City,
entitle the grantee to the use thereof for the purpose of installing, or transmitting
over, poles, wires, cables, conductors, ducts, conduits, vaults, manholes,
amplifiers, appliances, attachments and other property as may be ordinarily
necessary and pertinent to a system.
A person who pays an installation charge and a monthly fee to a cable
system operator for connections to the system and for programs and services
carried on the cable.
The same as "drop."
The main line of the cable system that carries signals from the head
end to extremities of the cable system.
The ability of the cable system to conduct signals to the head end
as well as from the head end. See also "loop."
A person or organization utilizing a system channel as a producer,
for purposes of production and/or transmission of material, or as a subscriber,
for purposes of receipt of material.
