<div class="chunk-title">Sec. 25-3. - 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 tense, words in the plural number include
               the singular number, and words in the singular number include the plural number. The
               words "shall" and "will" are mandatory and "may" is permissive. Words not defined
               shall be given their common and ordinary meaning.
               </p>
            <p class="p0">
               <span class="ital">Additional service</span> means any cable service other than basic service provided over the system.
               </p>
            <p class="p0">
               <span class="ital">Basic cable service</span> means any cable service tier that includes the lawful retransmission of local television
               broadcast signals and any public, educational, and governmental access programming
               required by this chapter or a franchise agreement to be carried on the basic tier.
               Basic cable service as defined herein shall be consistent with 47 U.S.C. Â§ 543(b)(7)
               (1997), and shall include any signal of any television broadcast station that is provided
               by a grantee 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 County Board of Commissioners of the County of Halifax, North Carolina
               or its delegates.
               </p>
            <p class="p0">
               <span class="ital">Cable Act</span> means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, (codified
               at 47 U.S.C. Â§Â§ 521-611 (1982 &amp; Supp. V. 1987) as amended by the Cable Television
               Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, and the Telecommunications
               Act of 1996, Pub. L. No. 104-104 (1996) as may, from time to time, be amended.
               </p>
            <p class="p0">
               <span class="ital">Cable internet service</span> means any service offered by a grantee whereby persons receive access to the internet
               or high-speed data information services through the cable system.
               </p>
            <p class="p0">
               <span class="ital">Cable service</span> or <span class="ital">service</span> means:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The one-way transmission to subscribers of (i) video programming, or (ii) other programming
                  service,
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Subscriber interaction, if any, which is required for the selection or use of such
                  video programming or other programming service; and
                  </p>
               		
               
            <p class="incr0">
               (3)
               </p>
            		
            <p class="content1">
               For purposes of this chapter, cable internet service shall be considered cable service
               unless determined otherwise by applicable state or federal law.
               </p>
            		
            <p class="p0">
               <span class="ital">Cable television system</span> or <span class="ital">cable system</span> 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 to multiple subscribers within the franchise area, but such term does not
               include:
               
               <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 subscribers without using any public right-of-way; or
                  </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 47 U.S.C. Â§Â§ 201-226, except that such facility shall be considered a cable system
                  to the extent such facility, whether on a common carrier basis or otherwise, is used
                  in the transmission of video programming directly to subscribers.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Capital contribution</span> means a contribution provided by a grantee as determined in a franchise agreement
               that may at the county's discretion be utilized for the capital costs of the municipal
               access channel facilities, or to help defray the costs of an I-Net.
               </p>
            <p class="p0">
               <span class="ital">Capital costs</span> means costs associated with the purchase of assets, products or other resources that
               are designed to provide service for more than one year, whether incurred during initial
               construction or throughout the life of the system.
               </p>
            <p class="p0">
               <span class="ital">Channel</span> means a portion of the electromagnetic frequency spectrum that is capable of carrying
               one standard video signal, in either analog or digital form. Consistent with future
               changes in technology and/or applicable law, the parties may mutually agree to a different
               definition in an individual franchise agreement.
               </p>
            <p class="p0">
               <span class="ital">County</span> means the County of Halifax, North Carolina, as it is now, or may in the future be,
               constituted.
               </p>
            <p class="p0">
               <span class="ital">County administrator</span> means a person designated by the county manager to represent the county in all business
               with the grantee.
               </p>
            <p class="p0">
               <span class="ital">Complaint</span> means any written or electronic inquiry, allegation, or assertion, made by a person
               regarding service.
               </p>
            <p class="p0">
               <span class="ital">Control</span> means the holding of legal or financial control of or over the holder of the franchise,
               regardless of whether such control is direct or indirect, or is exercised or is permitted
               to be exercised directly or indirectly through other persons, holdings or entities.
               Control shall always be deemed to rest in the hands of any person that has the right
               or authority to establish or change any policy or practice of the holder of the franchise,
               whether such control may be exercised directly, or indirectly through other persons.
               </p>
            <p class="p0">
               <span class="ital">Converter</span> means an electronic device that converts signals to a frequency not susceptible to
               interference within the television receiver of a subscriber and, through the use of
               an appropriate channel selector, permits a subscriber to view all authorized subscriber
               signals delivered at designated converter dial locations.
               </p>
            <p class="p0">
               <span class="ital">Direct incremental costs</span> means the costs actually incurred by grantee in meeting an obligation under its franchise
               which grantee would not otherwise have incurred in order to either operate and conduct
               the business of its cable system or meet another obligation of the franchise.
               </p>
            <p class="p0">
               <span class="ital">Downstream signal</span> means a signal originating from or provided by a system to a subscriber terminal
               or other terminal including video, audio, or digital signals or any other type of
               data or information for either programs or other uses such as security alert services,
               etc.
               </p>
            <p class="p0">
               <span class="ital">Drop</span> means the cable or cables that connect users of the system to the distribution system
               in order to receive service.
               </p>
            <p class="p0">
               <span class="ital">Educational access channels</span> means channels specially designated for locally produced noncommercial educational
               access programming use.
               </p>
            <p class="p0">
               <span class="ital">Effective date</span> means the date a franchise becomes effective in accordance with the franchise and
               the rules and procedures of the county.
               </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 or its designated representative.
               </p>
            <p class="p0">
               <span class="ital">Franchise</span> means the rights and obligations extended by the County of Halifax pursuant to an
               initial authorization or a renewal thereof, to a person to own, lease, construct,
               maintain, or operate a cable system in the right-of-way within the franchise area
               for the purpose of providing cable services. Any such authorization, in whatever form
               granted, shall not mean or include: (i) any other permit or authorization required
               for the privilege of transacting and carrying on a business within the county required
               by the ordinances and laws of the county, including the provision of telecommunications
               services; (ii) any generally applicable nondiscriminatory permit, agreement, or authorization
               required in connection with operations in the right-of-way including, without limitation,
               permits and agreements for placing devices on or in poles, conduits, or other structures,
               whether owned by the county or a private entity, or for excavating or performing other
               work in or along the right-of-way.
               </p>
            <p class="p0">
               <span class="ital">Franchise agreement</span> means that document which grants a franchise pursuant to this chapter.
               </p>
            <p class="p0">
               <span class="ital">Franchise area</span> means the geographic area for which a franchise is granted under the authority of
               this chapter. If not otherwise specifically stated in the franchise agreement, the
               franchise area shall be the entire geographic area within the county as it is now,
               or may in the future be, constituted.
               </p>
            <p class="p0">
               <span class="ital">Franchise fee</span> includes any tax, fee, or assessment of any kind imposed by the county or other governmental
               entity on a grantee or cable subscriber or both solely because of their status as
               such. The term "franchise fee" does not include: (i) 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
               that is unduly discriminatory against cable operators or cable subscribers); (ii)
               capital costs that are required by a franchise agreement to be incurred by a grantee
               for public access channels equipment and facilities; (iii) requirements or charges
               incidental to the award or enforcement of a franchise, including payments for bonds,
               security funds, letters of credit, insurance, indemnification, penalties, or liquidated
               damages; or (v) any fee imposed under Title 17 of the United States Code.
               </p>
            <p class="p0">
               <span class="ital">Government access channels</span> means channels specially designated for locally produced noncommercial governmental
               access programming use.
               </p>
            <p class="p0">
               <span class="ital">Grantee</span> means a person who is granted a franchise or that person's lawful successors, transferees,
               or assignees.
               </p>
            <p class="p0">
               <span class="ital">Grantor</span> means the county.
               </p>
            <p class="p0">
               <span class="ital">Gross revenues</span> means any and all revenue of any kind, arising from, attributable to, or in any way
               derived by the grantee from the operation of a grantee's system to provide cable service
               (it being agreed that for purposes of this franchise agreement the term "cable service"
               shall be defined by reference to FCC regulations), whether such revenue is received
               by the grantee, its affiliates, or any person in which the grantee has a financial
               interest, or by any other person who operates the system, directly or indirectly.
               Gross revenue includes, by way of illustration and not limitation, amounts charged
               for basic service; digital tier service; pay-per-view services of all kinds; optional
               premium, per-channel, per-program services; cable programming services; audio services;
               launch fees; channel guide subscriptions; installation, disconnection, reconnection,
               and changes-in-service; equipment sales or rentals; leased channel fees; late fees
               and administrative charges of any type; consideration received from programmers; advertising
               revenue; and revenue from the sale of subscriber names and addresses. To the extent
               that grantee receives revenue from cable services provided to a subscriber for a fixed
               price that also includes noncable services (i.e., those services are "bundled"), grantee
               shall allocate an appropriate portion of those revenues for inclusion in gross revenues.
               If the fixed price of the bundled services is lower than the aggregate of the prices
               of those services if purchased individually, then the appropriate amount of the revenue
               to be allocated to each service shall be proportional to the individual price of that
               service when compared to the aggregate of the individual prices of those services
               when unbundled. Gross revenues shall not include:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Deposits, refunds and credits made to subscribers and bad debt except to the extent
                  that bad debt is recovered.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The revenue of any person including, without limitation, a supplier of programming
                  to the grantee to the extent that said revenue is also included in gross revenue of
                  the grantee.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Pass-through payments received by the grantee from third-party programmers to purchase
                  services from entities other than the grantee, which services benefit, only the third-party
                  programmers and for which the grantee neither received nor provides any consideration.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Any taxes on services furnished by the grantee which are imposed directly on any subscriber
                  by the state, the county or other governmental unit and which are collected by the
                  grantee on behalf of said governmental unit.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Any franchise fees collected by grantee under the terms of this agreement.
                  </p>
               		
               
            <p class="b0">
               To the extent the scope of gross revenues is limited by federal law or judicial action,
               the definitions herein shall be so amended.
               </p>
            <p class="p0">
               <span class="ital">Headend</span> means the electronic control center of the system including components that amplify,
               filter, and convert incoming broadcast and other television and electronic signals
               for distribution over the cable system
               </p>
            <p class="p0">
               <span class="ital">Institutional Network</span> or <span class="ital">I-Net</span> means capacity, fibers or both, from both within the primary cable network and/or
               separately constructed networks that are dedicated to municipal users or other governmental
               and educational users as determined by the county for two-way, broadband, noncommercial,
               noncompetitive, not for profit communications. The I-Net includes all equipment and
               maintenance of equipment required to make the capacity available including but not
               limited to fiber, cable modems, coaxial cable, and all switching, routing, transmitting
               and receiving equipment necessary for the use of the I-Net as determined in the individual
               franchise agreement.
               </p>
            <p class="p0">
               <span class="ital">Institutional network services</span> means the provision of an I-Net by a grantee to municipal users and other governmental
               and educational users as determined by the county, pursuant to the terms of a franchise
               agreement for noncommercial, noncompetitive, not for profit applications including
               but not limited to, two-way dedicated voice, data, video, Internet and telephony channels
               connecting and interconnecting user facilities; computerized traffic control systems;
               GIS systems; and the interconnection of facilities serving police, fire and other
               public safety systems.
               </p>
            <p class="p0">
               <span class="ital">Lockout device</span> means a mechanical or electrical accessory to a subscriber's terminal that inhibits
               the video or audio portions of a certain program or certain channel(s) provided by
               way of a cable system.
               </p>
            <p class="p0">
               <span class="ital">Noncommercial</span> means channels or programming that is operated on a not-for-profit basis.
               </p>
            <p class="p0">
               <span class="ital">Normal business hours</span> means those hours during which most similar businesses in the community are open
               to serve customers. In all cases, "normal business hours" must include some evening
               hours at least one night per week and/or some weekend hours.
               </p>
            <p class="p0">
               <span class="ital">Normal operating conditions</span> means those service conditions which are within the control of the franchisee. Those
               conditions which are not within the control of the franchisee include, but are not
               limited to, natural disasters, civil disturbances, power outages, telephone network
               outages and severe or unusual weather conditions. Those conditions which are ordinarily
               within the control of the franchisee include, but are not limited to, special promotions,
               pay-per-view events, rate increases, regular peak or seasonal demand periods, and
               maintenance or upgrade of the cable system.
               </p>
            <p class="p0">
               <span class="ital">Other programming service</span> means information that a grantee makes available to all subscribers generally.
               </p>
            <p class="p0">
               <span class="ital">Person</span> means any corporation, partnership, proprietorship, individual, organization, company,
               governmental entity or any natural person.
               </p>
            <p class="p0">
               <span class="ital">Public access channels</span> means channels specially designated for locally produced noncommercial public access
               programming use.
               </p>
            <p class="p0">
               <span class="ital">Public building</span> means a building, or any portion thereof, owned, leased, or otherwise occupied, by
               the county.
               </p>
            <p class="p0">
               <span class="ital">Reasonable notice</span> means written notice addressed to the county or grantee at such location as the parties
               have designated in the franchise agreement as the address to which notice shall be
               transmitted to it, which notice shall be sent by certified mail and postmarked not
               less than seven business 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.
               </p>
            <p class="p0">
               <span class="ital">Right-of-way</span> means each of the following which have been, or are hereafter, dedicated to the public
               and maintained by any public authority or by others and located within the county,
               including without limitation, the surface and space within, above and below any real
               property in which the county has an interest in law or equity, whether held in fee,
               or other estate or interest, or as a trustee for the public, including, but not limited
               to, any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk,
               parkway, swale, river, tunnel, viaduct, bridge, park, or any other place, area, easements,
               rights-of-way and similar public property and areas, or real property owned by or
               under the control of the county.
               </p>
            <p class="p0">
               <span class="ital">School</span> means any state-accredited public or nonprofit educational institution including
               primary and secondary schools, both public and private.
               </p>
            <p class="p0">
               <span class="ital">Service interruption</span> means the loss of picture or sound on one or more cable channels.
               </p>
            <p class="p0">
               <span class="ital">Standard installation</span> means any service drop not exceeding 150 feet from a single point or pedestal attachment
               to the subscriber's residence.
               </p>
            <p class="p0">
               <span class="ital">State-of-the-art</span> means the addition of new services and associated equipment as they are developed,
               available and when economically feasible and marketable to subscribers as specifically
               required under the terms of a franchise agreement.
               </p>
            <p class="p0">
               <span class="ital">Subscriber</span> means any person who or which elects to subscribe for any purpose to cable service
               provided by a grantee by means of, or in connection with, the cable system, and whose
               premises or facilities are physically wired and lawfully activated to receive cable
               service from grantee's cable system.
               </p>
            <p class="p0">
               <span class="ital">System</span> means a grantee's cable system operated pursuant to a franchise agreement within
               the franchise area.
               </p>
            <p class="p0">
               <span class="ital">Trained representative</span> means employees of the grantee who have the authority and capability while speaking
               with a subscriber to, among other things, answer billing questions, adjust bills,
               and schedule service and installation calls.
               </p>
            <p class="p0">
               <span class="ital">Upstream signal</span> means a signal originating from a subscriber's terminal to the headend of the system
               including video, audio, or digital signals or any other type of data or information
               for either programs or other uses such as security alert services, etc.
               </p>
            <p class="historynote0">
               (Ord. of 9-6-05, Â§ 1; Amend. of 10-3-05, Â§ 4)
               </p></div>