For the purposes of this franchise, the following
terms, phrases, words and their derivations shall have the meaning
given herein:
BASIC CABLE SERVICE
Any service tier which includes the lawful retransmission
of local television broadcast signals and any public, educational
or governmental access channels. "Basic cable service" as defined
herein shall not be inconsistent with 47 U.S.C. § 543(b)(7).
CABLE SERVICE OR SERVICE
(1)
The one-way transmission to subscribers of video
programming or other programming services; and
(2)
Subscriber interaction, if any, which is required
for the selection or use of such video programming or other programming,
including cable modem service to the extent consistent with federal
law.
CABLE SYSTEM OR SYSTEM
A facility consisting of antennas, fiber optic cables, transmitters
and receivers, coaxial cables and amplifiers, towers, microwave or
other wireless transmission links, cablecasting studios, power supplies,
pedestals and any other conductors, converters, equipment or facilities
designed and constructed for the purpose of distributing video programming
to subscribers and producing, receiving, amplifying, storing, processing,
switching or distributing audio, video, digital or other forms of
electronic signals sold or distributed to subscribers which are provided
to multiple customers within the city. Such term does not include:
(1)
A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
(2)
A facility that serves customers without using
any public right-of-way, including streets or easements;
(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 of 1934, except that such facility shall be considered a cable
system if such facility is used in the transmission of video programming,
whether on a common-carrier or non-common-carrier basis, directly
to customers, unless the extent of such use is solely to provide interactive
on-demand services;
(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 systems.
CITY
The City of Hudson, Wisconsin.
CONVERTER
An electronic device which converts signals to a frequency
acceptable to a television receiver of a subscriber and by an appropriate
selector permits a subscriber to view all subscriber signals included
in the service.
DROP
The cable that connects the ground block on the subscriber's
residence or institution to the nearest feeder cable of the system.
FCC
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
FRANCHISE OR CABLE FRANCHISE
This Hudson Cable Communications Franchise Ordinance and
the regulatory and contractual relationship established hereby.
GRANTEE
MediaOne of The Upper Midwest, Inc., its lawful successors,
transferees or assignees.
GRANTOR
The city, its lawful successors, transferees or assignees.
GROSS REVENUES
All revenue received directly or indirectly by the grantee
from the operation of its system within the city to provide cable
services. This shall include all cable service fees, installation
and reconnection fees, upgrade and downgrade fees, converter rental
fees, lockout device fees, cable modem service fees to the extent
consistent with applicable laws, franchise fees and late fees. The
term "gross revenues" shall not include any taxes on services furnished
by the grantee imposed by any municipality, state or other governmental
unit and collected by the grantee for such governmental unit, advertising
revenue, FCC regulatory fees, bad debt or subscriber deposits.
INSTALLATION
The connection of the system from feeder cable to the point
of connection with the subscriber converter or other terminal equipment.
LOCKOUT DEVICE
An optional mechanical or electrical accessory to a subscriber's
terminal which inhibits the viewing of a certain program, certain
channel or certain channels provided by way of the system.
PAY TELEVISION
The delivery over the system of pay-per-channel or pay-per-program
audio-visual signals to subscribers for a fee or charge, in addition
to the charge for basic cable service or tier of cable programming
services.
PERSON
Any person, firm, partnership, association, corporation,
company or other legal entity.
PROPOSAL
The document titled "A Proposal For Franchise Renewal" dated
January 25, 1999, and subsequent correspondence amending, modifying
or clarifying said proposal, all of which documents are on file at
the City Hall.
RIGHT-OF-WAY OR RIGHTS-OF-WAY
The surface, air space above the surface and the area below
any public street, road, highway, freeway, lane, path, public way,
alley, court, sidewalk, boulevard, parkway, drive, bridge, tunnel,
park, parkway, waterway, easement or right-of-way now or hereafter
held by the grantee or dedicated for use by the grantee, use by the
general public or use compatible with cable system operations.
STANDARD INSTALLATION
Any residential installation which can be completed using
a drop of 200 feet or less.
SUBSCRIBER
Any person who lawfully receives service via the system.
In the case of multiple office buildings or multiple dwelling units,
the "subscriber" means the lessee, tenant or occupant.