City of Ste. Genevieve, MO
Ste. Genevieve County
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Table of Contents
Table of Contents
[CC 1985 §6.5-21; Ord. No. 2651 §1.1, 8-13-1992]
The City of Ste. Genevieve, Missouri, finds that the development of cable television and communications systems has the potential of having great benefit and impact upon its citizens. Because of the complex and rapidly changing technology associated with cable television, the City further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the City or such persons as the City shall designate. It is the intent of this Article 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 Article shall be deemed to include this finding as an integral part thereof.
[CC 1985 §6.5-22; Ord. No. 2651 §1.2, 8-13-1992]
This Article shall be known and be cited as the "cable television franchise ordinance".
[CC 1985 §6.5-23; Ord. No. 2651 §1.3, 8-13-1992]
For the purpose of this Article, 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 singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
ADDITIONAL SUBSCRIBER SERVICE
Any service not included in basic subscriber television service or basic subscriber radio service or institutional service, including, but not limited to, pay-cable.
AGENCY SUBSCRIBER
A subscriber who received a service in a government or public agency, school or non-profit corporation.
BASIC SUBSCRIBER RADIO SERVICE
The provision to all subscribers of such audio services as the retransmission of broadcast AM or FM radio signals, the retransmission of shortwave, weather, news, time and other similar audio broadcast channels and the transmission of cablecast AM or FM radio signals as permitted by the Federal Communications Commission.
BASIC SUBSCRIBER TELEVISION SERVICE
The total of all the following:
1. 
The retransmission to all subscribers of all broadcast television channel signals authorized by the Federal Communications Commission and provided for herein;
2. 
The provision to all subscribers of non-broadcast open channel signals originating from sources outside the cable communications system;
3. 
The cablecasting to all subscribers of the local origination channel and the designated access channel signal;
4. 
The transmission to all subscribers of all other cablecast open-channel signals.
Basic subscriber television service may be offered to subscribers in one (1) or more tiers or combinations of programs.
BROADCAST SIGNAL
A television or radio signal that is transmitted over the air to a wide geographic audience and is received by a cable communications system off-the-air or by microwave link.
CABLE COMMUNICATIONS SYSTEM OR SYSTEM, ALSO REFERRED TO AS CABLE TELEVISION SYSTEM, CATV SYSTEM OR BROADBAND COMMUNICATIONS NETWORK
A system of antennas, cables, amplifiers, towers, microwave links, cablecasting studios and any other conductors, converters, equipment or facilities designed and constructed for the primary purpose of distributing video programming to home subscribers and the secondary purpose of producing, receiving, amplifying, storing, processing or distributing audio, video, digital or other forms of electronic or electrical signals.
CABLE MILE
A linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.
CABLECAST SIGNAL
A non-broadcast signal that originates within the facilities of the cable communications system.
CHANNEL
A six (6) megahertz (MHz) frequency band which is capable of carrying either one (1) standard video signal, a number of audio, digital or other non-video signals or some combination of such signals.
CLASS IV CHANNEL
A signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another point in the cable television system.
CLOSED CIRCUIT OR INSTITUTIONAL SERVICE
Such video, audio, data and other services provided to institutional users on an individual application, private channel basis. These may include, but shall not be limited to, two-way video, audio or digital signals among institutions or from institutions to residential subscribers.
COMMENCEMENT OF CONSTRUCTION
That time and date when construction or reconstruction of the cable communications system is considered to have commenced, which shall be when the preliminary engineering (strand mapping) or network design is initiated and after all necessary permits and authorizations have been obtained.
COMMENCEMENT OF OPERATION
That time and date when operation of the cable communications system is considered to have commenced, which shall be when sufficient distribution facilities have been installed so as to permit the offering of full service to at least twenty percent (20%) of the dwelling units located within the service area.
COMMERCIAL SUBSCRIBER
A subscriber who receives a service in place of business, where the service may be utilized in connection with a business, trade or profession.
CONVERTER
An electronic device which converts signal carriers from one form to another.
COUNCIL OR BOARD
The Governing Body of the City of Ste. Genevieve, Missouri.
EDUCATIONAL CHANNEL OR EDUCATIONAL ACCESS CHANNEL
Any channel where educational institutions are the only designated programmers or where programming is provided on behalf of educational institutions by local designated programmers.
FCC
The Federal Communications Commission.
FRANCHISE
The non-exclusive rights granted pursuant to this Article to construct and operate a cable communications system along the public ways within all or a specified area of the City. Any such authorizations, 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 City as required by other ordinances and laws of the City.
FRANCHISE AGREEMENT
A franchise award ordinance, accepted on the part of the grantee, containing specific provisions of the franchise granted, including referenced specifications, franchise applications and other related material. The franchise agreement may modify terms of this Article by appropriate ordinance amendment.
FRANCHISE PAYMENT
All charges imposed for a franchise.
GOVERNMENT CHANNEL OR GOVERNMENT ACCESS CHANNEL
Any channel where local government agencies are the only designated programmers.
GRANTEE
Any person receiving a franchise pursuant to this Article and under the granting franchise ordinance and its lawful successor, trustee, receiver, transferee or assignee.
GRANTOR
The City of Ste. Genevieve, Missouri, as represented by the Ste. Genevieve Board of Aldermen acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES
The annual gross revenues received by the grantee from all sources of operations of the cable communications system, except that any sales, excise or other taxes collected for direct pass through to local, State or Federal Government shall not be included.
INITIAL SERVICE AREA
The area of the City which will receive service initially as set forth in the franchise agreement.
INSTALLATION
The connection of the system from feeder cable to subscribers' terminals and the provision of service.
LEASED CHANNEL OR LEASED ACCESS CHANNEL
Any channel available for lease and programming by persons or entities other than the grantee.
LOCAL ORIGINATION CHANNEL
Any channel where the grantee is the only designated programmer and provides video programs to subscribers.
MONITORING
Observing a communication signal or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever; provided monitoring shall not include systemwide, non-individually addressed sweeps of the system for the purposes of verifying system integrity, controlling return paths transmissions or billing for pay services.
NON-BROADCAST SIGNAL
A signal that is transmitted by a cable communications system and that is not involved in an over-the-air broadcast transmission path.
OBSCENE
Any programming which, when considered as a whole by the average adult person applying contemporary community standards:
1. 
Predominantly appeals to the prurient interest in sex; and
2. 
Depicts, describes or portrays in a patently offensive manner human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sadomasochistic abuse, lewd exhibition of the genitals or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification; and
3. 
When taken as a whole lacks serious social, literary, artistic, political or scientific value.
OPEN CHANNEL
Any channel that can be received by all subscribers without the necessity for special equipment.
PAY-CABLE OR PAY-TELEVISION
The delivery to subscribers, over the cable communications system, of television signals for a fee or charge over and above the charge for basic subscriber service on a per program, per channel or other subscription basis.
PENETRATION
The result expressed in percentage obtained by dividing the total number of potential subscribers in the franchise area into the number of subscribers receiving the service.
PERSON
An individual, partnership, association, organization, corporation, other entity or any lawful successor, transferee or assignee thereof.
PRIVATE CHANNEL OR CLOSED-CIRCUIT CHANNEL
Any channel which is available only to subscribers who are provided with special converter or terminal equipment to receive signals on that channel.
PROGRAMMER
Any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded tapes or other storage media, to subscribers by means of the cable communications system.
PUBLIC ACCESS CHANNEL, COMMUNITY ACCESS CHANNEL, COMMUNITY CHANNEL, EDUCATIONAL CHANNEL OR GOVERNMENTAL CHANNEL
Any channel where any member of the general public or any non-commercial organization may be programmer, without charge, on a non-discriminatory basis in accordance with the guidelines established by the access management entity.
REASONABLE NOTICE
Written notice addressed to the grantee at its principal office or such other office as the grantee has designated to the City as the address to which notice should be transmitted, which notice shall be certified and postmarked not less than four (4) days, Saturdays and Sundays and holidays recognized by the City shall be excluded.
REASONABLE OFFER
A written order not excessive or extreme as to costs or time to comply.
RESIDENT
Any person residing in the City or as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER
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.
SALE
Any sale, exchange, barter or offer for sale.
SCHOOL
Any educational institution including primary and secondary schools, colleges and universities, both public and private.
SECTION
Any Section, Subsection or provision of this Article.
SERVICE AREA
The entire geographic area within the franchise territory.
STATE
The State of Missouri.
STREET
Includes each of the following which have been dedicated to the public or hereafter dedicated to the public and maintained under public authority or by others and located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the City shall permit to be included within the definition of street from time to time.
SUBSCRIBER
Any person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, a service provided by the grantee by means of, or in connection with, the cable communications system.
SUBSTANTIALLY COMPLETED
That sufficient distribution facilities have been installed by the grantee so as to permit the offering of full network service to at least ninety percent (90%) of the potential subscribers in the service area.
TAPPING
Observing a two-way communications signal exchange, where the observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means for any purpose whatsoever.
YEAR
The remaining portion of calendar year 1992. Thereafter, "year" shall mean a full calendar year.