Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
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, 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 and/or other conductors, converters, equipment or facilities,
designed and constructed for the purpose of producing, receiving,
transmitting, amplifying and distributing audio, video and/or other
forms of electronic, electrical or optical signals, which includes
cable television service and which is located in the City. This definition
does not include any such facility which only serves or only will
serve subscribers in one or more multiple unit dwellings under common
ownership, control or management and which does not use any City rights-of-way.
CITY
The City of Franklin, 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 a television receiver of a
subscriber and by an appropriate channel selector permits a television
receiver of a subscriber to televise or depict for viewing by a subscriber
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.
FRANCHISE
The rights and privileges granted by the City, under an agreement
(hereinafter "franchise agreement") incorporating the terms and provisions
of this chapter with a Grantee, to construct, maintain or operate
a cable system in the City.
GRANTEE
A person or entity to whom or which a franchise agreement
under this chapter is awarded by the City, along with the lawful successors
or assigns of such person or entity.
GROSS REVENUE
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 fees,
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, and such other revenues to the
maximum permitted by law; provided, however, that gross revenue shall
not include any local, state or federal taxes, denominated as a tax
by statute or ordinance, upon services furnished by the Grantee to
subscribers in the City, which are imposed directly upon any such
subscriber and collected by the Grantee on behalf of and for full
payment to the governmental unit imposing such tax. 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, including but not limited
to point-to-point telecommunications, point-to-point multipoint telecommunications
and data transmissions, 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 does not mean system-wide, non-individually
addressed sweeps of the system for purposes of verifying system integrity,
controlling return paths 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 and operating to serve customers.
In all cases, normal business hours shall include some evening hours
at least one weeknight per week and/or some weekend hours.
NORMAL OPERATION 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, Grantee, corporation, partnership or association
lawfully receiving basic and/or any additional or other service from
a Grantee.
USER
A party utilizing a cable television system channel for purposes
of production or transmission of material to subscribers, as contrasted
with the receipt thereof in a subscriber capacity.