<div class="chunk-title">Sec. 23-29. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               For the purpose of this article 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.
               </p>
            <p class="p0">
               <span class="ital">Basic subscriber television services</span> shall have the same meaning as specified in the cable act.
               </p>
            <p class="p0">
               <span class="ital">Board</span> means the Board of Commissioners for the County of Durham.
               </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">Cable communications system,</span> also referred to as "system," means a system of antennas, cables, amplifiers, towers,
               microwave links, cablecasting studios, and any other conductors, converters, equipment
               or facilities, designed and constructed for the purpose of distributing video programming
               to home subscribers and/or producing, receiving, amplifying, storing, processing,
               or distributing audio, video, digital or other forms of electronic or electrical signals
               sold or distributed to subscribers. Such definition shall not include any similar
               facility that serves only the residents of one or more apartment or multifamily dwellings
               or condominiums under common ownership, control or management, nor other closed circuit
               systems for industrial, commercial, or similar use to which the general public may
               not subscribe, nor such commercial establishments located on the premises of such
               apartment or multifamily dwellings or condominiums.
               </p>
            <p class="p0">
               <span class="ital">Channel</span> means a portion of the electro magnetic spectrum (bandwidth), which is capable of
               carrying either one 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 such 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 or 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">Communications policy act</span> or <span class="ital">cable act</span> means the Cable Communications Policy Act of 1984 as it may be amended or succeeded.
               </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">County</span> means County of Durham, North Carolina.
               </p>
            <p class="p0">
               <span class="ital">Dedicated institutional access channels</span> mean broadband communications channels dedicated to serving county, state or federal
               governmental agencies, educational institutions, health care institutions or other
               nonprofit organizations that may be qualified by the county.
               </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 federal cable to the subscriber's residence
               or place of business, as defined by FCC rules and regulations.
               </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 territorial limits of the county.
               </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">Franchise fee</span> means the percentage, as specified by the county, of the franchisee's gross annual
               revenues derived from the operation of the cable system payable in exchange for the
               rights granted pursuant to this article and the franchise agreement.
               </p>
            <p class="p0">
               <span class="ital">Government access channel</span> means any channel specifically designated or dedicated for governmental access use.
               </p>
            <p class="p0">
               <span class="ital">Grantor</span> means the County of Durham as represented by the board acting within the scope of
               its jurisdiction.
               </p>
            <p class="p0">
               <span class="ital">Gross annual revenues</span> means all revenue received from the operation of the cable system, net of franchise
               fees, which is received annually directly or indirectly as related to the Durham County
               cable system by the grantee, its affiliates, subsidiaries, and any person in which
               the grantee has a financial interest.
               </p>
            <p class="p0">
               <span class="ital">Installation</span> shall mean the connection of the system from feeder cable to the subscriber's residence
               or place of business, as applicable.
               </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 in accordance with the cable act.
               </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">Outage</span> means a period of time that the system or a portion of the system malfunctioned having
               the potential to affect more than one customer.
               </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 strand bearing 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. If the grantee chooses to run the cable using easements which do not
               follow a street or road, the plant mile shall be the lesser of the measured linear
               mile of cable or the measured linear mile of street or road serving the area, whichever
               is less.
               </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
               organization located in or resident of Durham County 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, parkway, waterway, utility easement or other public right-of-way.
               </p>
            <p class="p0">
               <span class="ital">Reasonable notice</span> shall be 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 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 nonprofit 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">System facilities</span> or <span class="ital">facilities</span> means the cable communications system constructed for use within the county, 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 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 or outside of the county intended for the use of the
               system; provided, however, such system facility excludes buildings, contracts, facilities,
               and equipment whose use is solely 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 ten percent or more at one time of the
               ownership or controlling interest in the system or 15 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 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. of 10-10-05, Â§Â§ 25-30â€”25-74)
               </p></div>