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. The word "shall" is mandatory and "may" is permissive. Words
not defined shall be given their common and ordinary meaning.
As used in this chapter, the following terms shall have the
meanings indicated:
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 Cable Act, Sections 614 and 615; any public, educational,
and governmental access programming required in this chapter or the
franchise; 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.
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 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 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.
A nonbroadcast signal that originates within the facilities
of the cable communications system.
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 noncommercial 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.
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 Commonwealth of Pennsylvania.
The Communications Act of 1934; the Cable Communications
Policy Act of 1984; the Cable Television Consumer Protection and Competition
Act of 1992; and the Telecommunications Act of 1996, as they may be
amended or succeeded from time to time.
A verbal or written indication from a subscriber within the
Borough of a problem that generates a work order by the grantee or
complaint to the Borough that is communicated to the grantee with
any aspect of cable service.
An electronic device which converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber, and any channel selector which permits a subscriber
to view all signals delivered at designated converter dial locations
at the set or by remote control.
The Borough Council of the Borough of New Britain.
Cable communications channels dedicated to noncommercial
use by the Borough, county, commonwealth or federal governmental agencies,
and public and nonprofit, private educational institutions.
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 noncommercial 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 by separate agreement 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
Borough. 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 Borough as required
by other ordinances and laws of the Borough.
The entire Borough, 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 Borough, including all territory thereafter annexed to the
Borough.
The percentage, as specified by the Borough, of the Franchisee's
gross revenues from the operation of the cable system in exchange
for the rights granted pursuant to this chapter and the franchise
agreement.
The natural person(s), partnership(s), domestic and foreign
corporation(s), association(s), joint venture(s), or organization(s)
of any kind which has been legally granted a franchise by the Borough,
and its lawful successor, transferee or assignee.
Any channel specifically designated or dedicated for noncommercial
government access use.
The Borough of New Britain as represented by the Borough
Council acting within the scope of its jurisdiction.
All revenue derived directly or indirectly by the grantee
from the operation of the cable communications system within the Borough.
Revenues derived from the operation of the cable system received by
any affiliate, subsidiary or any person in which the grantee has a
financial interest shall be included in the grantee's gross revenues
in any case where those revenues were derived by the affiliate, subsidiary
or person in which the grantee has a financial interest to avoid or
reduce the grantee's franchise fee obligation.
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.
Access channel use in a manner similar to public broadcasting
service station programming and underwriting acknowledgments.
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 noncommercial 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, parkways, utility easements
or other public right-of-way now or hereafter held by the Borough
which shall entitle the Borough and the grantee to the use thereof
for the purpose of installing and maintaining the grantee's cable
television system. No reference herein, or in any franchise, to the
"public way" shall be deemed to be a representation or guarantee by
the Borough 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 Borough
as the Borough may have the undisputed right and power to give.
Written notice addressed to the grantee at its principal
office within the Borough or such other office as the grantee has
designated to the Borough as the address to which notice shall be
transmitted to it, which notice shall be certified and postmarked
not less than 10 calendar 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 10 calendar days, holidays recognized
by the Borough shall be excluded.
Any person residing in the Borough 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, private educational institution
including primary and secondary schools, colleges and universities.
The entire geographic area within the franchise territory.
The cable communications system constructed for use within
the Borough, 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 Borough 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 Borough and any
other equipment or facilities located within the corporate limits
of the Borough intended for the use of the system; provided, however,
such system facility excludes buildings, contracts, facilities, and
equipment where primary use is for providing service to other system
facilities located outside the Borough limits.
The disposal by the grantee, directly or indirectly, by gift,
assignment, voluntary sale, merger, consolidation or otherwise, of
25% or more at one time of the ownership or controlling interest in
the system, or 30% cumulatively over the term of the franchise of
such interests to a corporation, partnership, limited partnership,
trust or association, or person or group of persons acting in concert
unless otherwise exempted herein.
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 the cable system
head end 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 purpose of producing and/or transmission of material,
as contrasted with receipt thereof in a subscriber capacity.
