Greenfield Municipal Code Art. II Definitions

For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. 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.

"Basic cable service"

means any service tier which includes the transmission of local broadcast signals.

"Broadcast signal"

means a television or radio signal that is transmitted over the air to a wide geographic audience and is received by a cable communications system off-the-air or by microwave.

"Cable communications system" or "CATV 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 subscriqers within a community, but such term does not include (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the cable Communications Policy Act of 1984, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the Cable Communications Policy Act of 1984) to the extent such facility is used in the transmission of video programming directly to subscribers; or (d) any facilities of any electric utility used solely for operating its electric utility systems.

"Channel"

means a portion of the electromagnetic frequency spectrum which is used in the cable communications system and which is capable of delivering a television channel (as television channel is defined by the Federal Communications Commission by regulation).

"Commence construction"

means that time and date when construction of the cable communications system is considered to have commenced, which shall be when the first strand or cable is connected to a utility pole, or the first undergrounding of cables is initiated, after preliminary engineering (strand mapping) and after all necessary permits and authorizations have been obtained.

"Commence operation"

means that time and date when operation of the cable communications system is considered to have commenced, which shall be when sufficient distribution facilities have been installed so as to permit the offering of full service to at least ten percent of the dwelling units located within the service area.

"Council"

means the governing body of the city of Greenfield.

"Distribution cable"

means the CATV line used to provide signals to the subscriber tap.

"Drop"

means the CATV line used to feed a signal to the customers location and TV receiver.

"FCC"

means the Federal communications Commission and any legally appointed or elected successor.

"Franchise"

means the nonexclusive rights granted pursuant to this chapter to construct and operate a cable communications system along the public way within all or a specified area in the city. Any such authorization, in whatever form granted, shall not mean and 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 agreement"

means an agreement between grantor and grantee, approved by resolution of the council, containing the specific provisions of the franchise granted, including any referenced specifications, franchise applications and other related material within such agreement.

"Franchise fee"

means the fee paid by grantee to grantor in consideration of the use of public streets and rights-of-way.

"Franchise territory"

means that portion of the city defined in the franchise agreement for which a franchise is granted.

"Grantee"

means any person receiving a franchise pursuant to this chapter and the franchise agreement and its lawful successor, transferee or assignee.

"Grantor" or "city"

means the city of Greenfield as represented by the city councilor any delegate acting within the scope of its jurisdiction.

"Gross annual revenues"

means all cash, goods, services, credits, property of any kind or nature, or other consideration received directly by a grantee arising from or attributable to the sale or exchange of cable services by a grantee within the city in any way derived from the operation of its system within the city including, but not limited to, basic service, monthly fees, optional service or pay cable fees, installation and reconnection fees, local advertising revenues, leased channel fees, and converter rentals. "Gross annual revenues" also includes any of the aforementioned revenues received directly by an affiliate, subsidiary, parent or other entity in which grantee has a financial interest, that directly and exclusively relates to the CATV system operation, provided that the gross annual revenues of such entities, including grantee, will not include revenue which has already been accounted for in calculating gross annual revenues. "Gross annual revenues" shall not include any taxes, fees or tariffs on services furnished by grantee imposed upon any subscriber or user by the state, city or other governmental unit, converter deposits, refunds to subscribers by the grantee, revenue from the sale, exchange or cablecast of any programming developed for community use or institutional users. Nor shall it include revenues for services which are provided at cost.

"Initial service area"

means the area of the city which will receive service initially, as set forth in the franchise agreement.

"Installation"

means the connection of the cable communications system from feeder cable to subscribers' terminals and the provision of service.

"Person"

means an individual, partnership, association, organization, corporation or any lawful successor, transferee or assignee of said individual, partnership, association, organization or corporation.

"Potential subscriber"

means a member of the general public who has access to becoming a subscriber.

"Public access channel"

means any channel where any member of the general public or any noncommercial organization may be a user, without charge, on a first-come, firstserved, nondiscriminatory basis, in accordance with the terms of the franchise agreement.

"Reasonable notice"

means written notice addressed to grantee at its principal office or such other office as grantee has designated to grantor as the address to which notice should be transmitted to it, which notice shall be certified and postmarked not less than ten days prior to that day in which the party giving such notice shall commence any action which required the giving of notice. In computing said ten days, Saturdays, Sundays and holidays, recognized by grantor, shall be excluded.

"School"

means any educational institution including primary and secondary schools, colleges and universities, both public and private.

"Section"

means any section, subsection or provision of this chapter.

"Service area"

means the entire geographic area within the franchise territory.

"State"

means the state of California.

"Street"

includes each of the following which have been dedicated to the public or hereafter are dedicated to the public and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rightsof-way and similar public property and areas.

"Subscriber"

means a member of the general public who receives broadcast programming distributed by a cable television system and does not further distribute it.

"Tap"

means the device which acquires signal from distribution line and interconnects the system to a customer drop.

"Trunk cable"

means the CATV line used to transport signals and is used to provide signal for the distribution cable.

(Ord. 322 § 2, 1986)