Sec. 7-3. - Definitions.
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. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
Additional services means programming or services for which an additional charge is made beyond the charge for basic subscriber services, including, but not limited to, movies, concerts, variety acts, sporting events, programming sales to satellite dish owners, pay-per-view programs, interactive services, leased access and any other service utilizing any facility or equipment of a cable television system operating pursuant to a franchise granted under this chapter.
Basic cable service shall have the same meaning as specified in the Cable Act.
Basic subscriber radio service means such audio services as the re-transmission of broadcast FM radio signals, shortwave, weather, news, time and other similar audio services and the transmission of cablecast (nonbroadcast) radio signals.
Cable communications system also referred to as "system," means 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 which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;
(2) A facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public rights-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provision of Title II of the Cable Act, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility systems.
Channel means frequency band, which is capable of carrying either one (1) standard video signal, a number of audio, digital or other nonvideo signals or some combination of such signals.
Commence operation means that time and date when operation of the cable communications system is considered to have commenced, which shall be when the system is fully rebuilt or fully constructed.
Commercial subscriber means a subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade, or profession.
Communications Policy Act or Cable Act means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 as may be amended or succeeded.
Complaint means a verbal or written indication from a subscriber of a problem with any aspect of cable service.
Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control.
Council means the City of Greensboro City Council.
Days means calendar days unless otherwise specified.
Discrete channel shall mean a channel which can only be received by the person and/or institution intended to receive signals on such channel.
Downstream channel shall mean a channel which is transmitted from the cable communications system headend or other origination point through the cable distribution plant to subscribers.
Drop shall mean a coaxial connection from feeder cable to the subscriber/user television set, radio or other terminal.
Educational channel or Educational access channel means any channel specifically for noncommercial educational designated use and which is provided at no charge to the programmer.
Fair market value means the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time.
FCC means the Federal Communications Commission and any legally appointed or elected successor.
Franchise means a franchise contract entered into voluntarily by the grantee, containing the specific provisions of the franchise granted, including referenced specifications, applications and other related material. A franchise granted pursuant to this chapter grants the nonexclusive rights to construct, operate and maintain a cable communications system along the streets and public grounds within all or a specified area in the city. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of the city.
Franchise area means the entire city, or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the city, including all territory thereafter annexed to the city.
Franchise fee means the percentage, as specified by this chapter, of the grantee's annual gross revenues from all sources derived from operation of the cable system, including additional services, payable in exchange for the rights granted pursuant to this chapter and the franchise agreement.
Franchisee or grantee means any natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s), or organization(s) of any kind which has been legally granted a franchise by the city, and shall include the lawful successor, transferee or assignee of such franchisee or grantee.
Government channel or government access channel means any channel specifically designated or dedicated for noncommercial government use and which is provided at no charge to the programmer.
Grantee means the franchise holder or any lawful successor transferee of said individual, partnership, association, organization or corporation.
Grantor means the City of Greensboro as represented by the city council, or its designee, acting within the scope of its jurisdiction.
Gross annual revenues means all receipts derived directly or indirectly by the grantee, its affiliates, subsidiaries from operation of the cable system, and any person in which the grantee has a financial interest as related to the Greensboro cable system.
Installation shall mean the connection of the system from feeder cable to subscribers' terminal(s).
Institutional access channels means broadband communications channels dedicated to providing services to city, county, state or federal governmental agencies, educational institutions, health care institutions or other nonprofit and profit making organizations.
Leased access channel orcommercial access channel means any channel designated or dedicated for use by persons unaffiliated with the grantee, at rates in accordance with the Cable Act.
Monitoring means observing a communications signal, or the absence of a signal, where the observer is not a party to the communication, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
Narrowcasting shall mean the ability to distribute cable programming to a particular segment or segments of the cable subscribers.
Notice shall be a written notice addressed to the grantee at its principal office within the city or such other office as the grantee has designated to the city as the address to which notice shall be transmitted to it. In computing notice time, holidays recognized by the city and Saturdays and Sundays shall be excluded.
Plant mile means a linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.
Programmer means any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded tapes or other storage media, to users or subscribers by means of the cable communications system.
Public access channel, community access channel or community channel means any channel designated or dedicated for noncommercial use by the general public or noncommercial organizations which is made available for use without charge to the programmer.
Public property shall mean any real property owned by the city or any other government entity other than a highway, sidewalk, or easement or dedication.
Public rights-of-way or streets and public grounds means the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other public right-of-way now or hereafter held by the city which shall entitle the city and the grantee to the use thereof for the purpose of installing and maintaining the grantee's cable television system. No reference herein, or in any franchise, to the "streets and public grounds" shall be deemed to be a representation or guarantee by the city that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the city as the city may have the undisputed right and power to give.
Resident means any person residing in the city as otherwise defined by applicable law.
Residential dwelling unit means each home, house, building, or other structure that normally accommodates the living quarters or one (1) family, and each apartment, condominium, or cooperative unit that normally accommodates the living quarters of one (1) family in any multiple-unit building or complex of multiple-unit building; provided, however, that if the grantee has not been granted the authority by an owner or association of owners to extend its facilities to individual apartments, condominiums, and co-operative units within the interior of such multiple-unit building or complex of multiple-unit buildings, then any such multiple-unit building or complex of multiple-unit buildings shall be considered a single residential dwelling unit.
Residential subscriber means a subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
Sale shall include any sale, exchange, or barter.
School means any public or nonprofit educational institution including primary and secondary schools, colleges and universities, both public and private.
Service area means the entire geographic area within the franchise territory.
State means the state of North Carolina.
Subscriber means any person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, a service provided by the grantee by means of, or in connection with, a cable communications system.
System facilities means the cable communications system constructed for use within the city, without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems, equipment or facilities located within the corporate limits of the city designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio, radio, television and electronic signals to and from subscribers, in the city and any other equipment or facilities located within the corporate limits of the city intended for the use of the cable communications system; provided however, such system facilities excludes building, contracts, facilities, and equipment where its sole use is for providing service to other system facilities located outside the city limits.
Transfer means the disposal by the grantee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of ten (10) percent or more, at one (1) time, of the ownership or controlling interest in the system, or twenty-five (25) percent cumulatively over the term of the franchise of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert.
Trunk line means the major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.
Upstream signal means a signal originating from a terminal to another point in the cable television system including video, audio or digital signals for either programs or other uses such as security alert services, etc.
User means a person or organization utilizing channel or equipment and facilities for the purpose of producing and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.
(Ord. No. 94-109, § 1, 10-24-94)
