§ 114.02 Definitions

For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meanings given in this section:

1. “Cable television system” means 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 services.

2. “Channel” means the segment of the electromagnetic spectrum to which a source of television transmission is assigned.

3. “FCC” or “Federal Communications Commission” means that Federal agency constituted by the Communication Act of 1934, as amended.

4. “Franchise” means the rights, privileges, and authority granted by the City to the Grantee hereunder and includes all of the terms and conditions of this chapter.

5. “Grantee” means any corporation, partnership, or individual granted a nonexclusive franchise to provide cable television services in the City.

6. “Gross subscriber revenues” means only those revenues derived from the monthly service charges paid by subscribers located within the City for regular cable television reception service, which service includes only the transmission of broadcast signals and the programming presented on the required access and origination channels, if any. Gross subscriber revenues shall not include any revenues received:

A. As reimbursement of expenses in the operation of any access channels;

B. As advertising payments;

C. From the leasing of cable channels;

D. From programs for which a per-channel, per-program or tier charge is made; and

E. From furnishing other communications and non-broadcast services either directly or as a carrier for another party or any other income derived from the system. Gross subscriber revenues shall also not include revenues received as installation charges and fees for reconnections, inspections, repairs, or modifications of any installations.

7. “Private property” means all property, real, personal, or mixed, owned by a private person, including property owned by a public utility not owned or operated by the City.

8. “Property of the Grantee” means all property, real, personal, or mixed, owned or used by the Grantee however arising from or related to or connected with the franchise.

9. “Public property” means all property, real, personal, or mixed, owned or used by the City, including property owned or used by a public utility owned or operated by the City.