[Ord. No. 2453 §2, 12-15-1980]
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 and words in the singular number include the plural number
and words in the masculine gender include the feminine gender. The
word "shall" is always mandatory and not merely directory.
Those channels which, by terms of this Chapter and the franchise
agreement, are required to be kept available by the grantee for partial
or total dedication to public access, educational access, local government
access and leased access.
Any communications service provided by the grantee over its
system for which a special charge is made based on program or service
content, time or spectrum space usage, and shall include all services
offered by the grantee that are not included within the "basic
service".
All basic communications provided by the grantee including
the delivery of broadcast signals and programming originated over
the system covered by the regular monthly charge, or levels of charges,
paid by all subscribers.
Hereinafter referred to as "Cable TV System" or "System", means a non-broadcast system of coaxial
cable or other electrical conductors and equipment used or to be used
primarily to distribute television or radio signals directly or indirectly
off-the-air or from satellite relay and transmit them to subscribers
for a monthly fee.
The City of Berkeley, a municipal corporation of the State
of Missouri, in its present incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form.
A signal path provided by a cable television system to transmit
signals of any type from a subscriber terminal to another point in
the cable television system.
The present Governing Body of the City of Berkeley or any
future board constituting the legislative body of the City.
The Federal Communications Commission and any legally appointed
successor agency exercising regulatory authority over cable television.
The non-exclusive rights granted pursuant to this Chapter
to construct and operate a cable TV system within all or a specified
area in the City.
All charges imposed for a franchise in the City.
Any "person" granted a franchise pursuant
to this Chapter and under the granting franchise ordinance and any
lawful successor, transferee or assignee.
All revenue received by the grantee, including income from
pay cable, advertising and leased access, in connection with the operation
of a cable TV system in the City of Berkeley; provided however, that
this shall not include any taxes or copyright fees on services furnished
by the grantee herein imposed on any subscriber or user by the State,
local or other government unit and collected by the grantee on behalf
of said governmental unit.
The observation of a communication signal or the absence
of a signal when the observer is neither the subscriber nor the programmer,
whether the signal is observed by visual or electronic means for any
purpose whatsoever; provided however, that monitoring shall not include
systemwide, non-individually addressed sweeps of the system for purposes
of verifying the integrity of the system, controlling return path
transmissions or billing for pay services.
The municipalities participating in a common franchising process, as defined in Section 645.580 of this Chapter.
Any individual, partnership, association, organization, corporation
or any other legally recognized entity.
The entire width and length of any right-of-way, easement
or thoroughfare dedicated to the public including streets, avenues,
boulevards, sidewalks, alleys, places, ways, including public utility
easements.
Any person receiving either basic service or additional service
from the grantee under the schedule of charges filed with and/or approved
by the City.
Any person or persons who utilize the grantee's cable television
system for any purpose other than the reception of basic service,
including but not limited to, the production and distribution of information
on the local governmental, educational and public access channels,
or the use under channel lease, or otherwise, of the grantee's facilities
to transmit or receive pay television, alarm, facsimile, data or other
communications services.
