<div class="chunk-title">Sec. 20-3. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               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 the word "may" is permissive. Words
               not defined shall be given their common and ordinary meaning.
               
            </p>
            <p class="p0">
               <span class="ital">Basic service</span> means a separately available tier to which subscription is required for access to
               any other tier of service. Such tier shall, at a minimum, consist of the following:
               all signals carried in fulfillment of Cable Act, Sections 614 and 615; any public,
               educational, and governmental access programming required in this chapter or the franchise;
               any signal of any television broadcast station that is provided by the cable operator
               to any subscriber, except a signal which is secondarily transmitted by a satellite
               carrier beyond the local service area of such station. Additional signals may be added
               to the basic tier by the grantee.
               
            </p>
            <p class="p0">
               <span class="ital">Board</span> means the board of county commissioners.
               
            </p>
            <p class="p0">
               <span class="ital">Cable television system,</span> also referred to as "system," means the cable television system constructed for use
               within the county, without limitation, the headend, antennae, cables, wires, lines,
               towers, amplifiers, converters, health and property security systems, equipment or
               facilities located within the corporate limits of the county designed, constructed
               or wired for the purpose of producing, receiving, amplifying and distributing by coaxial
               cable, fiber optics, microwave or other means, audio and visual radio, television
               and electronic signals to and from subscribers in the county, and any other equipment
               or facilities located within the corporate limits of the county intended for the use
               of the system; provided, however, such system facility excludes buildings, contracts,
               facilities, and equipment where primary use is for providing service to other systems
               located outside the county limits. Such term does not include: (A) a facility that
               serves only to re-transmit 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 rights-of-way; (c) 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 (D) any
               facilities of any electric utility used solely for operating its electric utility
               systems.
               
            </p>
            <p class="p0">
               <span class="ital">Cablecast signal</span> means a non-broadcast signal that originates within the facilities of the cable television
               system.
               
            </p>
            <p class="p0">
               <span class="ital">Channel</span> means a six megahertz (MHZ) frequency band, which is capable of carrying either one
               standard video signal, a number of audio, digital or other non-video signals or some
               combination of such signals. One channel of high definition television will utilize
               more than six MHz.
               
            </p>
            <p class="p0">
               <span class="ital">Commercial subscriber</span> 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.
               
            </p>
            <p class="p0">
               <span class="ital">Communications Policy Act</span> or <span class="ital">Cable Act</span> means the Communications Act of 1934; Communications Policy Act of 1984; the Cable
               Television Consumer Protection and Competition Act of 1992; and the Telecommunications
               Act of 1996 as they may be amended or succeeded from time to time.
               
            </p>
            <p class="p0">
               <span class="ital">Converter</span> 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.
               
            </p>
            <p class="p0">
               <span class="ital">Discrete channel</span> shall mean a channel which can only be received by the person and/or institution
               intended to receive signals on such channel.
               
            </p>
            <p class="p0">
               <span class="ital">Drop</span> shall mean a coaxial connection from feeder cable to the subscriber/user television
               set, radio or other terminal.
               
            </p>
            <p class="p0">
               <span class="ital">Educational access channel</span> means any channel designated for non-commercial educational access use.
               
            </p>
            <p class="p0">
               <span class="ital">Fair market value</span> 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.
               
            </p>
            <p class="p0">
               <span class="ital">FCC</span> means the Federal Communications Commission and any legally appointed successor.
               
            </p>
            <p class="p0">
               <span class="ital">Franchise</span> means the nonexclusive rights granted pursuant to this chapter to construct, operate
               and maintain a cable television system along the public ways within all or a specified
               area in the county. 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 county as required by other ordinances and laws of the county.
               
            </p>
            <p class="p0">
               <span class="ital">Franchise area</span> means the entire county, 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 county, including all territory thereafter
               annexed to the county.
               
            </p>
            <p class="p0">
               <span class="ital">Franchise fee</span> means the percentage, as specified by the county, of the franchisee's gross annual
               revenues in exchange for the rights granted pursuant to this chapter and the franchise
               agreement.
               
            </p>
            <p class="p0">
               <span class="ital">Franchisee</span> or <span class="ital">grantee</span> means the 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 county, and its lawful successor, transferee or assignee.
               
            </p>
            <p class="p0">
               <span class="ital">Government access channel</span> means any channel specifically designated or dedicated for non-commercial government
               access use.
               
            </p>
            <p class="p0">
               <span class="ital">Grantor</span> means the County of Cabarrus as represented by the board of county commissioners
               acting within the scope of its jurisdiction.
               
            </p>
            <p class="p0">
               <span class="ital">Gross annual revenues</span> means all revenue collected annually directly or indirectly from the franchise area
               by the grantee, and/or all revenue collected by grantee's affiliates, subsidiaries,
               and any person in which the grantee has a financial interest from or in connection
               with the operation of the cable system. The gross revenues do not include any tax,
               fee, or assessment of general applicability (including any such tax, fee or assessment
               imposed on both utilities and cable operators or their services, but not including
               a tax, fee or assessment which is unduly discriminating against cable operators or
               cable subscribers). Franchise fees shall not be paid twice on gross annual revenues
               from the sale of any merchandising or programming on a programming service owned in
               whole or in part by the grantee, its affiliates, subsidiaries and any person in which
               the grantee has a financial interest. For example, assuming that grantee has an interest
               in a programming service (i.e., XYZ) which is a national home shopping service, grantee
               would pay a franchise fee on any commission or fee received by grantee for the transaction,
               but XYZ service would not pay a franchise fee on the revenues received from a Cabarrus
               transaction.
               
            </p>
            <p class="p0">
               <span class="ital">Installation</span> shall mean the connection of the system from feeder cable to subscribers' terminals.
               
            </p>
            <p class="p0">
               <span class="ital">Leased access channel,</span> or <span class="ital">commercial access channel</span> means any channel designated or dedicated for use by persons unaffiliated with the
               grantee, at rates which are in accordance with applicable law.
               
            </p>
            <p class="p0">
               <span class="ital">Local programming channel</span> means a channel designated for local programming programmed by the grantee.
               
            </p>
            <p class="p0">
               <span class="ital">Monitoring</span> 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.
               
            </p>
            <p class="p0">
               <span class="ital">Narrowcasting</span> shall mean the ability to distribute cable programming to a particular segment or
               segments of the cable subscribers.
               
            </p>
            <p class="p0">
               <span class="ital">Non-commercial</span> means access channel use in a manner similar to Public Broadcasting Service station
               programming and underwriter acknowledgments and telecourses being offered for a fee
               by non-profit educational institutions or governments.
               
            </p>
            <p class="p0">
               <span class="ital">Person</span> means an individual, partnership, association, organization, corporation or any lawful
               successor transferee of said individual, partnership, association, organization or
               corporation.
               
            </p>
            <p class="p0">
               <span class="ital">Plant mile</span> means a linear mile of cable as measured on the street or easement from pole to pole
               or pedestal to pedestal. In cases where cable is on both sides of the street, only
               the cable on one side of the street will be utilized in measuring a plant mile.
               
            </p>
            <p class="p0">
               <span class="ital">Public access channel</span> means any channel designated or dedicated for use by the general public or non-commercial
               organizations which is made available for use without charge on a nondiscriminatory
               basis in accordance with the rules and regulations specified in the franchise.
               
            </p>
            <p class="p0">
               <span class="ital">Public way</span> or <span class="ital">public rights of way</span> 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 county which shall entitle the county and the company
               to the use thereof for the purpose of installing and maintaining the company cable
               television system. No reference herein, or in any franchise, to the "public way" shall
               be deemed to be a representation or guarantee by the county 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
               county as the county may have the undisputed right and power to give.
               
            </p>
            <p class="p0">
               <span class="ital">Reasonable notice</span> shall be written notice addressed to the grantee at its principal office or such
               other office as the grantee has designated to the county as the address to which notice
               shall be transmitted to it, which notice shall be certified and postmarked not less
               than seven days prior to that day in which the party giving such notice shall commence
               any action which requires the giving of notice. In computing said seven days, holidays
               recognized by the county shall be excluded.
               
            </p>
            <p class="p0">
               <span class="ital">Resident</span> means any person residing in the county as otherwise defined by applicable law.
               
            </p>
            <p class="p0">
               <span class="ital">Residential subscriber</span> 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.
               
            </p>
            <p class="p0">
               <span class="ital">Sale</span> shall include any sale, exchange, barter or offer for sale.
               
            </p>
            <p class="p0">
               <span class="ital">School</span> means any public or non-profit educational institution including primary and secondary
               schools, colleges and universities, both public and private.
               
            </p>
            <p class="p0">
               <span class="ital">Service area</span> means the entire geographic area within the franchise territory.
               
            </p>
            <p class="p0">
               <span class="ital">State</span> means the State of North Carolina.
               
            </p>
            <p class="p0">
               <span class="ital">Transfer</span> means the disposal by the grantee, directly or indirectly, by gift, assignment, voluntary
               sale, merger, consolidation or otherwise, of 25 percent or more at one time of the
               ownership or controlling interest in the system, or 50 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, affiliate transfers
               excepted.
               
            </p>
            <p class="p0">
               <span class="ital">Trunk line</span> means the major distribution cable used in cable communications, which divides into
               feeder lines which are tapped for service to subscribers.
               
            </p>
            <p class="p0">
               <span class="ital">Upstream signal</span> 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.
               
            </p>
            <p class="p0">
               <span class="ital">User</span> means a person or organization utilizing channel or equipment and facilities for
               purpose of producing and/or transmission of material, as contrasted with receipt thereof
               in a subscriber capacity.
               
            </p>
            <p class="historynote0">
               (Ord. No. 1998-05, art. III, 2-16-98)
               
            </p></div>