For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
BOARD
The Board of Supervisors of Frederick County, Virginia.
COUNTY
The unincorporated portions of the County of Frederick, Virginia.
FCC
The Federal Communications Commission or its successor.
FRANCHISE AREA
Unless otherwise provided in a franchise agreement, the entire
geographic area of the County.
FRANCHISEE
The grantee of rights under a franchise granted pursuant
to this chapter.
GROSS REVENUES
Unless otherwise provided by applicable law, all compensation
and other consideration in any form derived directly or indirectly
by a franchisee from or in connection with the operation of that franchisee's
cable system to provide cable service.
HOME
Any single-family dwelling unit, whether a house, apartment,
trailer, rented room or otherwise.
PERSON
Any individual, firm, partnership, association, corporation,
company, trust, governmental entity or organization of any kind.
PUBLIC RIGHTS-OF-WAY
The surface, the air space above the surface, and the area
below the surface of any public street, avenue, highway, boulevard,
concourse, driveway, bridge, tunnel, lane, alley or similar property
within the County in which the County now or hereafter holds any property
interest which, consistent with the purpose for which it was created,
obtained or dedicated, may be used for the purpose of installing,
operating 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 guarantee by the County that its interest
or other right to control the use of such property is sufficient to
permit use of the property for the purpose of installing, operating
and maintaining a cable system. A franchisee shall be deemed to gain
only those rights to use the property as are properly in the County,
in the County's sole determination, and as the County may have the
right and power to give.
RESIDENTIAL SUBSCRIBER
A purchaser in good standing of any service that the franchisee
delivers to any home, provided that that service is not utilized in
connection with a business, trade or profession.
SENIOR CITIZEN
Any residential subscriber who is 65 years of age or older.
SERVICE AREA
Any area in the County in which a franchisee is actually
providing service, or that has a density of at least 25 homes per
linear mile and is contiguous to an area in which the franchisee has
installed its cable plant. For the purposes of this chapter, all homes
within 150 feet from any public right-of-way suitable for cable trunk
installation shall be counted in density determinations and shall
be considered as being within the "service area" as defined herein.
The County and a franchisee may, however, agree in a franchise agreement
to such other and different numbers of homes per linear mile and distances
from public right-of-way suitable for cable trunk installation.
SUBSCRIBER
Any person or entity lawfully receiving any service provided
by or carried on the franchisee's cable television system.
VDOT
The Virginia Department of Transportation.