The Town finds that the development of a cable (television)
or video programming (distribution) system, operated by program suppliers,
and related services have a potential to greatly benefit and impact
the people of the Town. Because of the complex and rapidly changing
technology associated with cable/video programming services, the Town
further finds that the public convenience, safety and general welfare
can best be served by establishing regulatory powers that are vested
in the Town or such persons as the Town shall designate. It is the
intent of this chapter, and subsequent amendments, to provide for
and specify the means to attain the best possible public interest
and public purpose in these matters, and any franchise issued pursuant
to this chapter shall be deemed to include this finding as an integral
part of the franchise. Further, it is recognized that cable/video
systems have the capacity to provide not only entertainment and information
services to the Town's residents, but can provide a variety of
broadband, interactive communications services to institutions and
individuals. Many of these services involve Town agencies and other
public institutions. For these purposes, the following goals underlie
the regulations contained in this chapter:
A. Satisfy present and future needs. The cable/video system should accommodate
both the present and foreseeable future communications needs of Town
residents.
B. State of the art. The cable/video system must be improved and upgraded
during the franchise term to keep pace with technological innovation
and meet the future community needs of the community.
C. Diverse information sources. The cable/video system authorized by
this chapter shall be responsive to the needs and interests of the
local community, and shall provide for the widest possible diversity
of information sources to, between and among the public.
D. Condition of grant. Each of the goals enumerated in Subsections
A through
C above shall be considered when awarding or renewing a cable television franchise agreement.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning or unless otherwise
provided by federal or state law:
BASIC CABLE/VIDEO PROGRAMMING SERVICES
Any service tier, which includes the retransmission of local
television broadcast signals; public, educational and government access
cable/video programming services and local programming originating
within the greater metropolitan area. Basic services may be further
defined in the franchise to include specific services or types of
services to be provided by the grantee.
CABLE/VIDEO PROGRAMMING SERVICES
Any and all activities related to providing video content,
including any ancillary audio or control signals, regardless of content
or protocol or delivery technology.
CHANNEL
A portion of the electromagnetic spectrum (bandwidth) used
to deliver a television (video and audio) signal or video programming
service.
DROP
A connection from the public way to the subscriber/user receiver
(television or radio) or other terminal device.
EDUCATIONAL ACCESS
Any bandwidth specifically designated or dedicated for education
access video programming services.
FCC
The Federal Communications Commission.
FRANCHISE
The nonexclusive rights granted pursuant to this chapter
to construct, operate and maintain a cable/video system along the
public ways within all or a specified area in the Town. 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 Town as required by other ordinances and regulations.
FRANCHISE FEE
The percentage, as specified by the Town, of the grantee's
gross annual revenues in exchange for the rights granted pursuant
to this chapter and the subsequent franchise agreement for use of
the public way.
[Amended 12-16-2015 by L.L. No. 3-2015]
GOVERNMENT ACCESS
Any bandwidth specifically designated or dedicated for government
access video programming services.
GRANTEE
The natural person, partnership, domestic and foreign corporation,
association, joint venture or organization of any kind that has been
legally granted a franchise by the Town, and its lawful successor,
transferee or assignee.
GRANTOR
The Town as represented by the Town Board acting within the
scope of its jurisdiction.
GROSS REVENUES
Any and all revenue, whether realized directly or indirectly,
that is derived from or occasioned by the grant of municipal consent
to use and occupy the public rights-of-way for commercial purposes,
without which consent and use or occupation the revenue would not
have been derived.
MULTICHANNEL VIDEO PROGRAM DISTRIBUTOR or VIDEO PROGRAM DISTRIBUTOR
A person such as, but not limited to, a cable/video system
operator, an open video system operator, a video provider, or a video
programming services supplier as defined below, a multichannel multipoint
distribution service, a direct broadcast satellite service, or a television
receive-only satellite program distributor, who makes available multiple
video programming services for purchase by subscribers or customers.
PUBLIC ACCESS
Bandwidth specifically designated for use by the general
public or organization for the purpose of providing cable/video programming
services without charge and over which the grantee has no editorial
control.
RIGHT-OF-WAY or PUBLIC WAY
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 rights-of-way now or hereafter held
by the Town which shall entitle the Town and the company to the use
thereof for the purpose of installing and maintaining the cable/video
system. No reference in this chapter or in any franchise to the "public
way" shall be deemed to be a representation or guarantee by the Town
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 Town as the
Town may have the undisputed right and power to give.
TOWN BOARD
The elected officials comprising the body politic of the
Town of Penfield, New York.
VIDEO PROVIDER or CABLE/VIDEO PROGRAMMING SERVICES SUPPLIER
or PROVIDER
Any person, company, or service which provides one or more
cable/video programming services, including any communications that
are ancillary, necessary or common to the use and enjoyment of the
video programming, to or from a business, home, condominium, or apartment,
where some fee is paid, whether directly or indirectly in dues or
rental charges for that service, whether or not public rights-of-way
are used in the delivery of the video programming or communications.
A video provider or video programming services supplier includes,
but is not limited to, a multichannel video programming distributor
[as defined in 47 U.S.C. § 522(13)] and a supplier of open
video systems (OVS); cable television; master antenna television;
satellite master antenna television; multichannel multipoint distribution
services (MMDS); cable/video programming services over internet protocol
(including, but not limited to, broadcasting and video-on-demand);
direct broadcast satellite to the extent federal law permits taxation
of its cable/video programming services, now or in the future; and
other suppliers of video programming or communications (including
two-way communications), whatever their technology.