A.
The Town of New Castle finds that the development
of cable television and communications systems has the potential of
having great benefit and impact upon the people of New Castle. Because
of the complex and rapidly changing technology associated with cable
television, the town further finds that the public convenience, safety
and general welfare can best be served by establishing regulatory
powers which should be 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 thereof.
B.
Further, it is recognized that cable communications
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 by providing governmental, educational or health
care communications.
C.
For these purposes, the following goals underlie the
regulations contained herein:
(1)
Communications services should be provided to the
maximum number of town residents.
(2)
The system should be capable of accommodating both
the present and reasonably foreseeable future communications needs
of the town.
(3)
The system should be improved and upgraded during
the franchise term so that the new facilities necessary for the operation
of this system shall be integrated to the maximum extent possible
with existing facilities as specified in the franchise.
(4)
The communications system authorized by this chapter
shall be responsive to the needs and interests of the local community
and shall provide the widest possible diversity of information sources
and services to the public.
This chapter shall be known and may be cited
as the "New Castle Cable Communication Regulatory Local Law," and
it shall become a part of the local laws of the town.
A.
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.
B.
BASIC SUBSCRIBER TELEVISION SERVICES
CABLE COMMUNICATIONS SYSTEM
(1)
(2)
(3)
(4)
CABLE SERVICE
CHANNEL
CLOSED-CIRCUIT OR INSTITUTIONAL SERVICE
COMMERCIAL SUBSCRIBER
COMMUNICATIONS POLICY ACT or CABLE ACT
CONVERTER
DEDICATED INSTITUTIONAL ACCESS CHANNELS
DISCRETE CHANNEL
DROP
EDUCATIONAL ACCESS CHANNEL
FAIR MARKET VALUE
FCC
FRANCHISE
FRANCHISE AREA
FRANCHISEE OR GRANTEE
FRANCHISE FEE
(1)
(2)
(a)
(b)
(c)
(d)
GOVERNMENT ACCESS CHANNEL
GRANTOR
GROSS ANNUAL REVENUES
INSTALLATION
LEASED ACCESS CHANNEL OR COMMERCIAL ACCESS CHANNEL
MONITORING
NARROWCASTING
NEW YORK STATE COMMISSION
PERSON
PLANT MILE
PUBLIC ACCESS CHANNEL
PUBLIC WAY or PUBLIC RIGHTS-OF-WAY
REASONABLE NOTICE
RESIDENT
RESIDENTIAL SUBSCRIBER
SALE
SCHOOL
SERVICE AREA
STANDARD SERVICE PACKAGE
STATE
SYSTEM FACILITIES or FACILITIES
TOWN BOARD
TRANSFER
TRUNK LINE
UPSTREAM SIGNAL
USER
For the purpose of this chapter the following terms,
phrases, words and their derivations shall have the meanings given
herein:
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 chapter
or the franchise; and any signal of any 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.
Also referred to as "system," 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 but is not limited to video programming and
which is provided to multiple subscribers within a community, but
such term does not include:
A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
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;
A facility of a common carrier which is subject,
in whole or in part, to the provision of Title II of the Cable Act,
except that such facility shall be considered a cable system to the
extent that such facility is used in the transmission of video programming
directly to subscribers; or
Any facilities of any electric utility used
solely for operating its electric utility systems.
The one-way transmission to subscribers of video programming
or other programming service and subscriber interaction, if any, which
is required for the selection of such video programming or other programming
service and the installation and rental of equipment necessary for
the receipt thereof.
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. One
channel of high definition television will utilize more than six MHz.
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 to residential subscribers.
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.
The Cable Communications Policy Act of 1984 and the Cable
Television Consumer Protection and Competition Act of 1992, as it
may be amended or succeeded.
An electronic device that will shift any television channel(s)
from one to another within the UHF or VHF spectrum.
Broadband communications channels dedicated to serving city,
county, state or federal governmental agencies, educational institutions,
health care institutions or other nonprofit organizations that may
be qualified by the Cable Television Advisory Committee.
A channel which can only be received by the person and/or
institution intended to receive signals on such channel.
A coaxial connection from feeder cable to the subscriber/user
television set, radio or other terminal.
Any channel designated for educational access use.
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.
The Federal Communications Commission and any legally appointed
successor.
The nonexclusive rights granted pursuant to this chapter
to construct, operate and maintain a cable communications 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 local
laws and laws of the town.
The entire town or portions thereof for which a franchise
is granted under the authority of this chapter. If not otherwise stated
in the franchise, the "franchise area" shall be the corporate limits
of the town, including all territory thereafter annexed to the town.
The natural person(s), partnership(s), domestic and foreign
corporation(s), association(s), joint venture(s) or organization(s)
of any kind who or which have been legally granted a franchise by
the town and its lawful successor, transferee or assignee.
The portion, as specified by the town, of the
franchisee's gross revenues from all sources payable in exchange
for the rights granted pursuant to this chapter and the franchise
agreement. The term "franchise fee" includes any tax, fee or assessment
of any kind imposed by a franchising authority or other governmental
entity on a cable operator or cable subscriber, or both, solely because
of its status as such.
"Franchise fee" does not include:
Any tax, fee or assessment of general applicability,
including any such tax, fee or assessment imposed on both utilities
and cable operators for their services, but not including a tax, fee
or assessment which is unduly discriminatory against cable operators
or cable subscribers;
Capital costs which are required by the franchise
to be incurred by the cable operator for public, educational or governmental
access facilities;
Requirements or charges incidental to the awarding
or enforcing of the franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties or
liquidated damages; or
Any fee imposed under Title 17, United States
Code.
Any channel specifically designated or dedicated for government
access use.
The Town of New Castle as represented by the Town Board acting
within the scope of its jurisdiction.
The total of all cash, credits, property of any kind or nature
or other consideration received, directly or indirectly, by the grantee,
its affiliates, subsidiaries or any person, firm or corporation in
which the grantee has a financial interest derived from the operation
of the cable system within the town. If another entity is responsible
for selling advertising on the cable system, advertising revenues
shall be deemed to be limited to the prorated portion of advertising
revenue, less expenses, paid to the grantee by such entity. Furthermore,
gross receipts shall not include sums paid for services other than
cable service if the grantee is subjected to competition for such
services within the town by an entity not affiliated with the grantee
or its parent, and such entity is not required to pay a franchise
fee or similar levy to the town on such services.
The connection of the system from feeder cable to subscribers'
terminals.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee.
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.
The ability to distribute cable programming to a particular
segment or segments of the cable subscribers.
The New York State Commission on Cable Television created
pursuant to Article 28 of New York State Executive Law entitled "Commission
on Cable Television" or its successor.
An individual, partnership, association, organization, corporation
or any lawful successor transferee of said individual, partnership,
association, organization or corporation.
A linear mile of cable as measured on the street or easement
from pole to pole or pedestal to pedestal.
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.
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 right-of-way 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 company cable television
system. No reference herein or in any franchise to the public way
shall be deemed to be a representation or guaranty 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.
Written notice addressed to the grantee at its principal
office within the town or such other office as the grantee has designated
to the town 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 town shall be excluded.
Any person residing in the town as otherwise defined by applicable
law.
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.
Includes any sale, exchange, barter or offer for sale.
Any public or nonprofit educational institution, including
primary and secondary schools, colleges and universities, both public
and private.
The entire geographic area within the franchise territory.
A combination of service tiers consisting of the basic broadcast
service and any other regulated cable satellite tier, but excluding
any service sold on a per-channel basis and any package of services
normally sold on a per-channel basis.
The State of New York.
The cable communications system constructed for use within
the town, including, without limitation, the head end, antenna, cables,
wires, lines, towers, amplifiers, converters, health and property
security systems, equipment or facilities located within the corporate
limits of the town 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 town and any
other equipment or facilities located within the corporate limits
of the town intended for the use of the system; provided, however,
that such system facility excludes buildings, contracts, facilities
and equipment where the primary use is for providing service to other
system facilities located outside the town limits.
The Board of the Town of New Castle.
The disposal by the grantee, directly or indirectly, by gift,
assignment, voluntary sale, merger, consolidation or otherwise of
51% ownership and/or voting control or actual working control, as
defined by the Federal Communications Commission, of the franchise
to a person who is not controlling, controlled by or under common
control with the grantee.
The major distribution cable used in cable communications,
which divides into feeder lines which are tapped for service to subscribers.
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.
A person or organization utilizing channel or equipment and
facilities for the purpose of producing and/or transmission of material,
as contrasted with receipt thereof in a subscriber capacity.
