This franchise ordinance shall be known and cited as the "Cable
Communications Franchise."
For the purposes of this franchise, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory. The word "may" is directory and discretionary
and not mandatory:
BASIC CABLE SERVICE
Any service tier which includes the lawful retransmission
of local television broadcast signals and any public, educational,
and governmental access programming required by the franchise to be
carried on the basic tier. "Basic cable service," as defined herein,
shall not be inconsistent with 47 U.S.C. § 543(b)(7) (1993).
CABLE COMMUNICATIONS SERVICE
The provision of television reception, communications and/or
entertainment services distributed over a cable communications system.
This definition shall not include telecommunications services regulated
pursuant to federal and state law as may be amended from time to time.
CABLE COMMUNICATIONS SYSTEM ("SYSTEM")
A system of antennas, cables, wires, lines, towers, waveguides,
or other conductors, converters, equipment or facilities located in
the Village, and designed and constructed for the purpose of producing,
receiving, transmitting, amplifying or distributing audio, video,
and other forms of electronic signals in the Village. "System," as
defined herein, shall not be inconsistent with the definition as set
forth in 47 U.S.C. § 522(6) (1993).
CABLE PROGRAMMING SERVICE
Any video programming provided over a cable system, regardless
of service tier, including installation or rental of equipment used
for the receipt of such video programming, other than ["Cable programming
service," as defined herein, shall not be inconsistent with the definition
as set forth in 47 U.S.C. § 543(1)(2) (1993) and 47 CFR
76.901(b)(1993)]:
A.
Video programming carried on the basic service tier;
B.
Video programming offered on a pay-per-channel or pay-per-program
basis; or
C.
A combination of multiple channels or pay-per-channel or pay-per-program
video programming offered on a multiplexed or time-shifted basis so
long as the combined service:
(1)
Consists of commonly identified video programming; and
(2)
Is not bundled with any regulated tier of service.
CABLE SERVICE
A.
The one-way transmission to subscribers of:
(2)
Other programming service; and
B.
Subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service.
CONVERTER
An electronic device which converts signals to a frequency
acceptable to a television receiver of a subscriber and by an appropriate
selector permits a subscriber to view all cable communications services
which the subscriber is lawfully authorized to receive.
DROP
The cable that connects the ground block on the subscriber's
residence to the nearest feeder cable of the system.
FCC
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
GRANTEE
Originally Triax Midwest Associates, L.P., now Mediacom LLC,
its agents and employees, lawful successors, transferees or assignees.
GROSS REVENUES
All revenue received from cable service directly by the grantee
from the operation of its system within the Village. The term "gross
revenues" shall not include franchise fees, installation, advertising
revenues, late fees, any fees itemized and passed through as a result
of franchise imposed requirements or any taxes or fees on services
furnished by grantee imposed directly on any subscriber or user by
any municipality, state, or other governmental unit and collected
by grantee for such governmental unit.
INSTALLATION
The connection of the system from feeder cable to the point
of connection, including standard installations and custom installations.
LOCKOUT DEVICE
An optional mechanical or electrical accessory to a subscriber's
terminal which inhibits the viewing of a certain program, certain
channel, or certain channels provided by way of the cable communication
system.
PAY TELEVISION
The delivery over the system of pay-per-channel or pay-per-program
audio-visual signals to subscribers for a fee or charge, in addition
to the charge for basic cable service or cable programming services.
PERSON
Any person, firm, partnership, association, corporation,
company, or other legal entity.
STANDARD INSTALLATION
Any residential installation which can be completed using
a drop of 150 feet or less.
STREET
The surface of, and the space above and below, any public
street, road, highway, freeway, lane, alley, path, court, sidewalk,
parkway, or drive, or any easement or right-of-way now or hereafter
held by the Village.
SUBSCRIBER
Any person who lawfully receives cable service. In the case
of multiple office buildings or multiple dwelling units, the "subscriber"
means the lessee, tenant or occupant.
VILLAGE
The Village of Argyle, a municipal corporation in the State
of Wisconsin, acting by and through its Village Board.
Grantee shall comply with the terms of 47 U.S.C. § 551
relating to the protection of subscriber privacy.