City of Lexington, VA General Provisions

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.

ACCESS

Any programming or channel designated for use by any person other than the company.

BASIC CABLE SERVICE

Any service tier that includes the retransmission of local television broadcast signals and any public, educational and governmental programming required to be carried on the basic tier.

CABLE ACT

The Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 521 et seq.

CABLE SERVICE

The one-way transmission to subscribers of video programming or other programming service; and

Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

CABLE TELEVISION SYSTEM, SYSTEM or CABLE SYSTEM

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 that includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

A facility that serves only to retransmit the television signals of one or more television broadcast stations;

A facility that serves subscribers without using any public rights-of-way;

A facility of a common carrier that is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201 to 226, except that such facility shall be considered a cable system to the extent that such facility, whether on a common carrier basis or otherwise, is used in the transmission of video programming directly to subscribers; or

Any facilities of any electric utility used solely for operating its electric utility system.

CHANNEL or CABLE CHANNEL

A portion of the electromagnetic frequency spectrum capable of delivering both the audio and video portions of a television signal as defined by the Federal Communications Commission.

CITY

The City of Lexington, Virginia, or the area within the present and future territorial City limits, and such territory outside of the City over which the City has jurisdiction or control by virtue of any law.

COUNCIL

The City Council of the City of Lexington.

COUNTY

Rockbridge County, Virginia.

FCC

The Federal Communications Commission or any successor agency.

FRANCHISE or FRANCHISE AGREEMENT

Any authorization granted hereunder in terms of a franchise, privilege, permit, or license to construct, operate and maintain a cable television system in the City of Lexington for the purpose of providing cable service to the citizens of Lexington.

GRANTEE

The person to whom a franchise is granted by the City as well as the lawful successor, transferee or assignee of this person (so long as the transfer is approved in accordance with § 142-10).

GRANTOR

The City of Lexington.

GROSS ANNUAL REVENUES

All revenues derived directly or indirectly by the grantee, or any entity in which the grantee has a financial interest, from or in connection with the operation of a cable television system pursuant to a franchise granted hereunder, except that gross revenues shall not include bad debt, sales tax or other taxes or charges imposed on the grantee in addition to its franchise obligations and collected for direct pass-through to the state or to the federal government. Gross annual revenues include, by way of illustration, but are not limited to, regular subscriber service fees, installation fees, disconnect and reconnect fees, pay television, leased channel revenues, advertising revenues, converter and remote control rental revenues, or any other receipts. Furthermore, revenues received by a grantee for the provision of data transmission, point-to-point telecommunications, or telephone services shall be included in gross annual revenues, to the extent permitted by law.

INITIAL SERVICE AREA

The area of the City that will receive cable service initially, as set forth in any franchise agreement.

LIMITED AREA GRANTEE

A grantee that is granted a franchise to operate within a limited area of the City where the grantee was lawfully operating a cable television service on the date such area was annexed to the City.

LIMITED PURPOSE GRANTEE

A grantee that is granted a franchise to lay its lines within certain streets named in the franchise to provide service to certain specified locations or to provide service to areas outside the City's corporate limits.

NORMAL BUSINESS HOURS

Those hours during which most similar businesses in the community are open to serve customers. In all cases, normal business hours must include evening hours at least one night per week and/or weekend hours.

NORMAL OPERATING CONDITIONS

Those service conditions that are within the control of the grantee. Those conditions that are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, severe or unusual weather conditions, and significant legislative or regulatory requirements. Those conditions that are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, regular peak or seasonal demand periods, and maintenance or upgrade of the system.

PUBLIC, EDUCATIONAL OR GOVERNMENTAL ACCESS FACILITIES or PEG ACCESS FACILITIES

Channel capacity designated for public, educational, or governmental use; and

Facilities and equipment for the use of such channel capacity.

SERVICE AREA or FRANCHISE AREA

The entire geographic area within the City as it is now constituted or may in the future be constituted, unless otherwise specified in the franchise agreement.

STATE

The State of Virginia.

STREET or ROAD

The surface of and the space above and below any public or privately owned or maintained property or right-of-way, street, road, highway, freeway, lane, path, alley, sidewalk, parkway or drive, now or hereafter existing within the incorporated area of the City.

SUBSCRIBER

Any person who lawfully elects to subscribe to cable service provided by the grantee by means of or in connection with the cable system and who pays the charges therefor, except such persons or entities authorized to receive cable service without charge as described in the franchise.

Except as provided in this section or § 142-13, no person may engage in the construction, operation, or maintenance of a cable television system within the corporate limits of the City unless such person or the person for whom such action is being taken obtains and currently holds a valid franchise granted pursuant to this chapter. It shall also be unlawful for any person to provide cable television service in the City unless such person obtains and currently holds a valid franchise granted pursuant to the provisions of this chapter.

As provided in § 142-16, the City may grant a franchise to a limited area grantee to authorize such grantee to continue to provide cable television service to lots served by such grantee's cable television system on the date of annexation. However, no person constructing, operating or maintaining a cable television system within an annexed area on the effective date of annexation may continue to construct, operate or maintain such system after the effective date of annexation unless a franchise has been granted under this chapter.

It shall be unlawful for any telephone, telegraph or power company or any other public utility company or person to lease or otherwise make available to any other person any poles, lines, facilities, equipment or other property for use in connection with the operation of a cable television system, unless such other person holds a valid franchise granted pursuant to the provisions of this chapter.