For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future, words
in the plural number include the singular number. The word "shall" is mandatory
and "may" is permissive. Words not defined shall be given their common and
ordinary meaning.
A separately available basic service tier to which subscription is
required for access to any other tier of service. Such basic service tier
shall, at a minimum, consist of the following: all signals carried in fulfillment
of the Cable Act, Sections 614 and 615; any public, educational and governmental
access programming required in this chapter or the franchise; any signal of
any television broadcast station that is provided by the cable operator to
any subscriber, except a signal which is secondarily transmitted by a satellite
carrier beyond the local service area of such station. Additional signals
may be added to the basic tier by the grantee.
Also referred to as "system," means 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
but is not limited to video programming and which is provided to multiple
subscribers within a community, but such term does not include the following:
A facility that serves only to retransmit the television signals of
one or more television broadcast stations.
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.
A facility of a common carrier which is subject, in whole or in part,
to the provision of Title II of the Cable Act, except that such facility shall
be considered a cable system to the extent such facility is used in the transmission
of video programming directly to subscribers.
Any facilities of any electric utility used solely for operating its
electric utility systems.
The one-way transmission to subscribers of video programming or other
programming service, and subscriber interaction, if any, which is required
for the selection of such video programming or other programming service,
and the installation and rental of equipment necessary for the receipt thereof.
A six-megahertz (MHz) frequency band, which is capable of carrying
either one standard video signal, a number of audio, digital or other nonvideo
signals or some combination of such signals. One channel of high definition
television will utilize more than six MHz.
Such video, audio, data and other services provided to institutional
users on an individual application basis. These may include, but are not limited
to, one-way video, two-way video, audio or digital signals among institutions
to residential subscribers.
A subscriber who receives a service in a place of business where
the service may be utilized in connection with a business, trade or profession.
The Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992, as it may be amended or succeeded.
An electronic device that will shift any television channel(s) from
one to another within the UHF or VHF spectrum.
Broadband communications channels dedicated to serving city, county,
state or federal governmental agencies, educational institutions, health care
institutions or other nonprofit organizations that may be qualified by the
Cable TV Advisory Committee.
A channel which can only be received by the person and/or institution
intended to receive signals on such channel.
A coaxial connection from feeder cable to the subscriber/user television
set, radio or other terminal.
Any channel designated for educational access use.
The price that a willing buyer would pay to a willing seller for
a going concern based on the system valuation prevailing in the industry at
the time.
The Federal Communications Commission and any legally appointed successor.
The nonexclusive rights granted pursuant to this chapter to construct,
operate and maintain a cable communications system along the public ways within
all or a specified area in the town. 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 the town as required
by other local laws and laws of the town.
The entire town, or portions thereof, for which a franchise is granted
under the authority of this chapter. If not otherwise stated in the franchise,
the "franchise area" shall be the corporate limits of the town, including
all territory thereafter annexed to the town.
The natural person(s), partnership(s), domestic and foreign corporation(s),
association(s), joint venture(s) or organization(s) of any kind which has
been legally granted a franchise by the town, and its lawful successor, transferee
or assignee.
The portion, as specified by the town, of the franchisee's gross
revenues from all sources payable in exchange for the rights granted pursuant
to this chapter and the franchise agreement. The term "franchise fee" includes
any tax, fee or assessment of any kind imposed by a franchising authority
or other governmental entity on a cable operator or cable subscriber, or both,
solely because of their status as such. "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 or their
services, but not including a tax, fee or assessment which is unduly discriminatory
against cable operators or cable subscribers.
Capital costs which are required by the franchise to be incurred by
the cable operator for public, educational or governmental access facilities.
Requirements or charges incidental to the awarding or enforcing of the
franchise, including payments for bonds, security funds, letters of credit,
insurance, indemnification, penalties or liquidated damages.
Any fee imposed under Title 17, United States Code.
Any channel specifically designated or dedicated for government access
use.
The Town of Ossining as represented by the Town Council acting within
the scope of its jurisdiction.
The total of all cash, credits, property of any kind or nature or
other consideration received, directly or indirectly, by the grantee, its
affiliates, subsidiaries or any person, firm or corporation in which the grantee
has a financial interest derived from the operation of the cable system within
the town. If another entity is responsible for selling advertising on the
cable system, advertising revenues shall be deemed to be limited to the prorate
portion of advertising revenue, less expenses, paid to the grantee by such
entity. Furthermore, gross receipts shall not include sums paid for services
other than cable service if the grantee is subjected to competition for such
services within the town by an entity not affiliated with the grantee or its
parent, and such entity is not required to pay a franchise fee or similar
levy to the town on such services.
The connection of the system from feeder cable to subscribers'
terminals.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee.
Observing a communications signal, or the absence of a signal, where
the observer is not a party to the communication, whether the signal is observed
by visual or electronic means, for any purpose whatsoever.
The ability to distribute cable programming to a particular segment
or segments of the cable subscribers.
The New York State Commission on Cable Television; commission created
pursuant to Article 28 of New York State Executive Law entitled "Commission
on Cable Television" or its successor.
An individual, partnership, association, organization, corporation
or any lawful successor transferee of said individual, partnership, association,
organization or corporation.
A linear mile of cable as measured on the street or easement from
pole to pole or pedestal to pedestal.
Any channel designated or dedicated for use by the general public
or noncommercial organizations which is made available for use without charge
on a nondiscriminatory basis in accordance with the rules and regulations
specified in the franchise.
The surface, the air space above the surface and the area below the
surface of any public street, highway, lane, path, alley, sidewalk, boulevard,
drive, bridge, tunnel, park, parkways, waterways, utility easements or other
public right-of-way or hereafter held by the town which shall entitle the
town and the company to the use thereof for the purpose of installing and
maintaining the company cable television system. No reference herein, or in
any franchise, to the "public way" shall be deemed to be a representation
or guaranty by the town that its title to any property is sufficient to permit
its use for such purpose, and the grantee shall, by its use of such terms,
be deemed to gain only such rights to use property in the town as the town
may have the undisputed right and power to give.
A written notice addressed to the grantee at its principal office
within the town or such other office as the grantee has designated to the
town as the address to which notice shall be transmitted to it, which notice
shall be certified and postmarked not fewer than seven days prior to that
day in which the party giving such notice shall commence any action which
requires the giving of notice. In computing said seven days, holidays recognized
by the town shall be excluded.
Any person residing in the town as otherwise defined by applicable
law.
A subscriber who receives a service in an individual dwelling unit
where the service is not to be utilized in connection with a business, trade
or profession.
Includes any sale, exchange, barter or offer for sale.
Any public or nonprofit educational institution, including primary
and secondary schools, colleges and universities, both public and private.
The entire geographic area within the franchise territory.
A combination of service tiers consisting of the basic broadcast
service and any other regulated cable satellite tier, but excluding any service
sold on a per-channel basis and any package of services normally sold on a
per-channel basis.
The State of New York.
The cable communications system constructed for use within the town,
without limitation, the head end, antenna, cables, wires, lines, towers, amplifiers,
converters, health and property security systems, equipment or facilities
located within the corporate limits of the town designed, constructed or wired
for the purpose of producing, receiving, amplifying and distributing, by coaxial
cable, fiber optics, microwave or other means, audio and visual radio, television
and electronic signals to and from subscribers, in the town and any other
equipment or facilities located within the corporate limits of the town intended
for the use of the system; provided, however, that such "system facility"
excludes buildings, contracts, facilities and equipment where primary use
is for providing service to other "system facilities" located outside the
town limits.
The Council of the Town of Ossining.
The disposal by the grantee, directly or indirectly, by gift, assignment,
voluntary sale, merger, consolidation or otherwise, of 51% ownership and/or
voting control or actual working control, as defined by the Federal Communications
Commission, of the franchise to a person who is not controlling, controlled
by or under common control with the grantee.
The major distribution cable used in cable communications, which
divides into feeder lines which are tapped for service to subscribers.
A signal originating from a terminal to another point in the cable
television system, including video, audio or digital signals for either programs
or other uses such as security alert services, etc.
A person or organization utilizing channels or equipment and facilities
for the purpose of producing and/or transmission of material, as contrasted
with receipt thereof in a subscriber capacity.
