For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meaning 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, and words
in the singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
ACT
Title VI of the Communications Act of 1984, as amended, of the United
States of America and cited as the "Cable Communications Policy Act of 1984."
ADDITIONAL SERVICE
A subscriber service provided by the grantee for which a special
charge is made based on program or service content, time or spectrum space
usage, in addition to the regular monthly charge paid by all subscribers.
BASIC SERVICE
All subscriber services provided by the grantee, including the delivery
of broadcast signals and programming originated over the cable television
system, covered by the regular monthly charge paid by all subscribers.
CABLE TELEVISION SYSTEM (CABLE TV SYSTEM or CATV SYSTEM)
Any facility that, in whole or in part, receives directly or indirectly
over the air and amplifies or otherwise modifies the signals transmitting
programs broadcast by one or more television or radio stations and distributes
such signals by wire or cable to subscribing members of the public who pay
for such service, but such term shall not include any such facility that serves
fewer than 50 subscribers or any such facility that serves only the residents
of one or more apartment dwellings under common ownership, control or management
and commercial establishments located on the premises of such an apartment
house.
FCC
The Federal Communications Commission and any legally appointed or
elected successor.
FRANCHISE
The right, privilege and authority granted by this chapter to construct,
maintain and operate a cable television system through use of public streets
and facilities of the Town.
GRANTEE
All persons, including but not limited to subsidiaries, parent or
affiliate companies, associations or organizations, having any rights, powers,
privileges, duties, liabilities or obligations under this chapter and under
any agreement with the Town, and also includes all persons having or claiming
any title to or interest in the cable television system, whether by reason
of the franchise itself directly or by interest in a subsidiary, parent or
affiliate company, association or organization or by any subcontract, transfer,
assignment, mortgage security agreement, management agreement or operating
agreement or whether otherwise arising or created.
GRANTEE'S AGREEMENT
Any contract or agreement between the Town and a grantee providing
a franchise to such grantee and authorizing the grantee to operate and construct
a cable television system pursuant to the terms of this chapter.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
REASONABLE NOTICE
The provision of notice of contemplated action delivered at least
48 hours prior to such action, except in cases of emergency and for routine
maintenance of short duration.
SERVICE AREA
The geographical area within the legal limits of the Town.
STREET
Include all streets, roadways, highways, avenues, lands, alleys,
courts, places, squares, curbs, sidewalks, easements, rights-of-way or other
public ways in the Town which have been or may hereafter be dedicated and
open to public use or such other public property so designated by law.
SUBSCRIBER
Any person, firm, company, corporation or association receiving basic
service from the grantee.
TOWN
The Town of Cedarburg, Wisconsin, or any duly appointed designate
thereof, including but not limited to the Town Board, Town committees and
authorized agents of the Town.
TOWN BOARD or BOARD
The present governing body of the Town or any successors to the legislative
power of said body or any duly appointed designate thereof.