[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.
Any service not included in basic subscriber television service
or basic subscriber radio service or institutional service, including,
but not limited to, pay-cable.
A subscriber who received a service in a government or public
agency, school or non-profit corporation.
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.
The total of all the following:
The retransmission to all subscribers of all broadcast television
channel signals authorized by the Federal Communications Commission
and provided for herein;
The provision to all subscribers of non-broadcast open channel
signals originating from sources outside the cable communications
system;
The cablecasting to all subscribers of the local origination
channel and the designated access channel signal;
The transmission to all subscribers of all other cablecast open-channel
signals.
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Basic subscriber television service may be offered to subscribers
in one (1) or more tiers or combinations of programs.
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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.
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.
A linear mile of strand-bearing cable as measured on the
street or easement from pole to pole or pedestal to pedestal.
A non-broadcast signal that originates within the facilities
of the cable communications system.
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.
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.
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.
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.
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.
A subscriber who receives a service in place of business,
where the service may be utilized in connection with a business, trade
or profession.
An electronic device which converts signal carriers from
one form to another.
The Governing Body of the City of Ste. Genevieve, Missouri.
Any channel where educational institutions are the only designated
programmers or where programming is provided on behalf of educational
institutions by local designated programmers.
The Federal Communications Commission.
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.
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.
All charges imposed for a franchise.
Any channel where local government agencies are the only
designated programmers.
Any person receiving a franchise pursuant to this Article
and under the granting franchise ordinance and its lawful successor,
trustee, receiver, transferee or assignee.
The City of Ste. Genevieve, Missouri, as represented by the
Ste. Genevieve Board of Aldermen acting within the scope of its jurisdiction.
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.
The area of the City which will receive service initially
as set forth in the franchise agreement.
The connection of the system from feeder cable to subscribers'
terminals and the provision of service.
Any channel available for lease and programming by persons
or entities other than the grantee.
Any channel where the grantee is the only designated programmer
and provides video programs to subscribers.
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.
A signal that is transmitted by a cable communications system
and that is not involved in an over-the-air broadcast transmission
path.
Any programming which, when considered as a whole by the
average adult person applying contemporary community standards:
Predominantly appeals to the prurient interest in sex; and
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
When taken as a whole lacks serious social, literary, artistic,
political or scientific value.
Any channel that can be received by all subscribers without
the necessity for special equipment.
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.
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.
An individual, partnership, association, organization, corporation,
other entity or any lawful successor, transferee or assignee thereof.
Any channel which is available only to subscribers who are
provided with special converter or terminal equipment to receive signals
on that channel.
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.
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.
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.
A written order not excessive or extreme as to costs or time
to comply.
Any person residing in the City or 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.
Any sale, exchange, barter or offer for sale.
Any educational institution including primary and secondary
schools, colleges and universities, both public and private.
Any Section, Subsection or provision of this Article.
The entire geographic area within the franchise territory.
The State of Missouri.
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.
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.
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.
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.
The remaining portion of calendar year 1992. Thereafter, "year" shall mean a full calendar year.
