For the purposes of this chapter, the following terms, phrases, words
and abbreviations shall have the meanings given herein, unless otherwise expressly
stated. When not inconsistent with the context, words used in the present
tense include the future tense; words in the plural number include the singular
number, and words in the singular number include the plural number; and the
masculine gender includes the feminine gender. The words "shall" and "will"
are mandatory and "may" is permissive. Unless otherwise expressly stated,
words not defined herein shall be given the meanings set forth in Title 47
of the United States Code, as amended, and, if not defined therein, their
common and ordinary meanings.
ACCESS CHANNEL
Any channel on a cable system set aside by a franchisee for public,
educational or governmental use.
AFFILIATE
Any person who owns or controls, is owned or controlled by or is
under common ownership or control with a franchisee.
BASIC SERVICE
Any service tier that includes the retransmission of local television
broadcast signals and/or public, educational and governmental access signals.
CABLE ACT
The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521
et seq., as amended from time to time.
CABLE SERVICE
The one-way transmission to subscribers of video programming or other
programming services; and subscriber interaction, if any, which is required
for the selection or use of such video programming or other programming service.
CABLE SYSTEM OR SYSTEM
A.
A facility consisting of a set of closed transmission paths and associated
signal generation, reception and control equipment that is designed to provide
cable television service which includes video programming and which is provided
to multiple subscribers within the city, but such term does not include:
(1)
A facility that serves only to retransmit the television signals of
one (1) or more television broadcast stations;
(2)
A facility that serves subscribers without using any public rights-of-way;
(3)
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of the Communications Act, except that such
facility shall be considered a cable system if such facility is used in the
transmission of video programming directly to subscribers;
(4)
An open video system that complies with 47 U.S.C. § 573; or
(5)
Any facilities of any electric utility used solely for operating its
electric utility system.
B.
A reference to a cable system refers to any part thereof, including,
without limitation, converters.
C.
The foregoing definition of "cable system" shall not be deemed to circumscribe
or limit the valid authority of the city to regulate or franchise the activities
of any other communications system or provider of communications services
to the full extent permitted by law. Any franchise agreement shall define
the services any franchisee is authorized to use the public rights-of-way
to provide.
CHANNEL
A six-megahertz (MHz) frequency band, or equivalent capacity, which
is capable of carrying either one (1) standard video signal, a number of audio,
digital or other nonvideo signals or some combination of such signals.
CITY
The City of New Carrollton, Maryland, and any agency, department
or agent thereof.
CONVERTER
An electronic device which may serve as an interface between a system
and a subscriber's television receiver or other terminal equipment and
which may perform a variety of functions, including signal security, descrambling,
electronic polling, frequency conversion and channel selection.
COUNCIL
The governing body of the city.
FCC
The Federal Communications Commission, its designee or any successor
governmental entity thereto.
FRANCHISE
A nonexclusive authorization granted pursuant to this chapter to
construct, operate and maintain a cable system along the public rights-of-way
to provide cable service within all or a specified area of the city. Any such
authorization, in whatever form granted, shall not mean or include any general
license or permit required for the privilege of transacting and carrying on
a business within the city as required by the ordinances and laws of the city
or for attaching devices to poles or other structures, whether owned by the
city or a private entity, or for excavating or performing other work in or
along public rights-of-way.
FRANCHISE AGREEMENT
A contract entered into pursuant to this chapter between the city
and a franchisee that sets forth, subject to this chapter, the terms and conditions
under which a franchise will be granted and exercised.
FRANCHISE AREA
The area of the city that a franchisee is authorized to serve by
its franchise agreement.
FRANCHISEE
A natural person, partnership, domestic or foreign corporation, association,
joint venture or organization of any kind that has been granted a franchise
by the city.
INSTALLATION
The connection of system services to subscribers' television
receivers or other subscriber-owned or -provided terminal equipment.
MAYOR
The Mayor of New Carrollton, Prince George's County, Maryland,
or his designee.
NET PROFIT
The amount remaining after deducting from gross revenues all of the
actual, direct and indirect expenses associated with operating the cable system,
including the franchise fee, interest, depreciation and federal or state income
taxes.
NORMAL BUSINESS HOURS
Those hours during which most similar businesses in the community
are open to serve customers, including some evening hours at least one (1)
night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS
Those service conditions that are within the control of a franchisee.
Conditions that are not within the control of a franchisee include, but are
not limited to, natural disasters, civil disturbances, power outages, telephone
network outages and severe weather conditions. Conditions that are ordinarily
within the control of a franchisee 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 a cable system.
OVS
An open video system that complies with 47 U.S.C. § 653,
as amended.
PERSON
An individual, partnership, association, joint-stock company, organization,
corporation or any lawful successor thereto or transferee thereof, but such
term does not include the city.
PROGRAMMER
Any person or entity that produces or otherwise provides program
material or information for transmission by video, audio, digital or other
signals, either live or from recorded traces or other storage media, to user
or subscribers by means of a cable system.
PUBLIC ACCESS CHANNEL
Any channel on a cable system set aside by a franchisee for use by
the general public, including groups and individuals, and which is available
for such use on a nondiscriminatory basis.
PUBLIC RIGHTS-OF-WAY
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, parkway, waterway, easement or similar property
within the city, which, consistent with the purposes for which it was dedicated,
may be used for the purpose of installing and maintaining a cable system.
No reference herein or in any franchise agreement to a public right-of-way
shall be deemed to be a representation or guaranty by the city that its interest
or other right to control the use of such property is sufficient to permit
its use for such purposes, and a franchisee shall be deemed to gain only those
rights to use as are properly in the city and as the city may have the undisputed
right and power to give.
SECURITY FUND
A performance bond, letter of credit or cash deposit or any or all
of these, to the extent required by a franchise agreement.
SERVICE INTERRUPTION
Loss of picture or sound on one (1) or more cable channels, as described
in FCC regulations as of December 1, 1998.
SUBSCRIBER
Any person who legally receives any service delivered over a cable
system.
USER
A person or organization using a channel or equipment and facilities
for purposes of producing or transmitting material, as contrasted with the
receipt thereof in the capacity of a subscriber.
It shall be unlawful for any person to attach or affix or to cause to
be attached or affixed any equipment or device that allows access or use of
the cable system without lawful payment to the franchise for same.
[ Any necessary administrative provisions may be inserted here.]