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.