<div class="chunk-title">Sec. 40-28. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               The following words, terms and phrases, when used in this article, shall have the
               meanings ascribed to them in this section, except where the context clearly indicates
               a different meaning; words not defined shall be given their common and ordinary meaning:
               </p>
            <p class="p0">
               <span class="ital">Basic subscriber television services</span> means a separately available basic service tier to which subscription is required
               for access to any other tier of service. Such basic service tier shall, at a minimum,
               consist of the following: all signals carried in fulfillment of the Cable Act, sections
               614 and 615; any public, educational, and governmental access programming required
               in this article or the franchise; any signal of any domestic 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
               at the grantee's sole discretion.
               </p>
            <p class="p0">
               <span class="ital">Cable communication system</span> and <span class="ital">system</span> mean 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. However, such term does not include the following:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  A facility that serves only to retransmit the television signals of one or more television
                  broadcast stations;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  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;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  A facility of a common carrier which is subject, in whole or in part, to the provisions
                  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
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  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 nonbroadcast signal that originates within the facilities of the cable communications
               system.
               </p>
            <p class="p0">
               <span class="ital">Channel (analog)</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 nonvideo signals; or some
               combination of such signals.
               </p>
            <p class="p0">
               <span class="ital">Closed-circuit or institutional service</span> means video, audio, data and other services provided to institutional users on an
               individual application basis. These may include but are not limited to one-way video,
               two-way video, audio or digital signals among institutions to residential subscribers.
               </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">Commission</span> means the county board of commissioners.
               </p>
            <p class="p0">
               <span class="ital">Communications policy act</span> and <span class="ital">Cable Act</span> mean the Communications Act of 1934, as amended by the Cable Communications Policy
               Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992
               and the Telecommunications Act of 1996.
               </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">Dedicated institutional access channels</span> means broadband communications channels dedicated to serving city, county, state
               or federal governmental agencies; educational institutions; health care institutions;
               or other nonprofit and profitmaking organizations producing nonprofit programs.
               </p>
            <p class="p0">
               <span class="ital">Discrete channel</span> means 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> means a coaxial connection from feeder cable to the point of demarcation, outside
               of the subscriber's home in accordance with Federal Communications Commission rules.
               </p>
            <p class="p0">
               <span class="ital">Educational access channel</span> means any channel designated for 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 article to construct, operate
               and maintain a cable communications 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 article. If not otherwise stated in the franchise, the franchise
               area shall be the corporate limits of the county, including all territory 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 revenues
               from all sources payable in exchange for the rights granted pursuant to this article
               and the franchise agreement.
               </p>
            <p class="p0">
               <span class="ital">Franchisee</span> and <span class="ital">grantee</span> mean the natural person, partnership, domestic corporation, foreign corporation,
               association, joint venture, or organization of any kind which has been legally granted
               a franchise by the county, and his or 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 government access use.
               </p>
            <p class="p0">
               <span class="ital">Grantor</span> means the county, as represented by the commission acting within the scope of its
               jurisdiction.
               </p>
            <p class="p0">
               <span class="ital">Gross annual revenues</span> means all receipts derived annually, directly or indirectly, by the grantee, its
               affiliates, subsidiaries, and any person in which the grantee has a financial interest
               from the operation of the cable system. In addition, nonsubscriber revenues will be
               net of, including but not limited to, agency fees, commissions and expenses incurred
               specific to the franchise area.
               </p>
            <p class="p0">
               <span class="ital">Installation</span> means the connection of the system from the feeder cable to subscribers' terminals.
               </p>
            <p class="p0">
               <span class="ital">Leased access channel</span> and <span class="ital">commercial access channel</span> mean any channel designated or dedicated for use by persons unaffiliated with the
               grantee, at rates which are fair and reasonable.
               </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> means the ability to distribute cable programming to a particular segment of the
               cable subscribers.
               </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.
               </p>
            <p class="p0">
               <span class="ital">Public access channel</span> means any channel designated or dedicated for use by the general public or noncommercial
               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> and <span class="ital">public right-of-way</span> mean the surface, the airspace above the surface, and the area below the surface
               of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge,
               tunnel, park, parkway, waterway, utility easement or other public right-of-way held
               by an appropriate public entity 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 in this article 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> means written notice addressed to the grantee at its principal office within the
               county 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 the seven days,
               weekends and 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> means any sale, exchange, or barter.
               </p>
            <p class="p0">
               <span class="ital">School</span> means any public or nonprofit educational institution, including public and private
               primary and secondary schools, and public colleges and universities.
               </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">System facilities</span> and <span class="ital">facilities</span> mean the cable communications system constructed for use within the county, including
               without limitation the head-end, antennas, 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. However,
               such system facility excludes buildings, contracts, facilities, and equipment where
               primary use is for providing service to other system facilities located outside the
               county limits.
               </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 20 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.
               </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 utilizing channel or equipment and facilities for purposes of producing
               and/or transmission of material, as contrasted with receipt thereof in a subscriber
               capacity.
               </p>
            <p class="historynote0">
               (Code 1995, Â§ 517.003)
               </p>
            <p class="refcross0" block_type="hang"><b>Cross referenceâ€” </b>
               Definitions generally, <a href="" data-chunk-id="COOR_CH1GEPR_S1-2DERUCO" class="section-link" data-product-id="13891">Â§ 1-2</a>.
               </p></div>