[R.O. 1991 § 615.010; Ord. No. 1607 § 1, 3-21-1995]
This Chapter shall be known as the
"General Cable Communications System Chapter."
[R.O. 1991 § 615.020; Ord. No. 1607 § 2, 3-21-1995]
The General Cable Communications
System Chapter shall provide the basic local regulatory scheme for
all providers of cable communications services within the City. This
Chapter shall apply to all providers, whether operating with or without
a required franchise.
[R.O. 1991 § 615.030; Ord. No. 1607 § 3, 3-21-1995]
For the purpose of this Chapter,
the following terms, phrases, words and their derivations shall have
the following meanings. When not inconsistent with the context, words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The words "shall" and "will" are mandatory
and "may" is permissive. Words not defined shall be given their common
and ordinary meaning.
The Communications Act of 1934, as amended by the Cable Communications
Policy Act of 1984, Public Law Number 98-549, and the Cable Television
Consumer Protection and Competition Act of 1992, Public Law Number
102-385.[1] "Act" shall include future amendments to the Communications
Act of 1934.
Any communications service other than cable service, provided
over a cable communications system by an operator directly or as a
carrier for its affiliates or any other person engaged in communications
services, which may include by way of example but are not limited
to, burglar alarm data or other electronic intelligence transmission,
voice transmission, data transmission, facsimile reproduction and
interactive shopping service.
[Ord. No.
2899-14 § 1, 7-1-2014]
When used in relation to an operator, another person who,
directly or indirectly, owns or controls, is owned or controlled by,
or is under common ownership or common control with the operator;
and when used in relation to the City, any agency, board, authority,
or political subdivision affiliated with the City or other person
in which the City has a legal or financial interest.
Any service tier which includes the retransmission of local
television broadcast signals, or such other definition as may be adopted
by Federal law.
The elected Governing Body of the City.
Any facility operating by means of coaxial cable, optical
fiber, or other transmission lines or forms of transmission, and associated
equipment and devices, the primary function of which is to provide
cable service and/or additional service to subscribers by receiving,
through any means, including, without limitation, coaxial cable, optical
fiber, antenna, or satellite or microwave transmission, and distributing,
video, audio, voice, or data signals, whether originating within the
City or elsewhere. The foregoing definition of "cable communications
system" shall not be deemed to circumscribe the valid authority of
any governmental body, including the City, to regulate the activities
of any other communications system or provider of communications services.
[Ord. No.
2899-14 § 1, 7-1-2014]
The one-way transmission to subscribers of video programming
or other programming services, and subscriber interaction, if any,
which is required for the selection of such video programming or other
programming services.
A 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.
The City of Smithville, Missouri, and all of the territory
within its present and future boundaries.
The attachment of the drop cable to a radio, television set,
computer terminal, or other terminal of the subscriber.
Unless otherwise specified, calendar days.
The cable that connects the antenna terminal on the subscriber's
radio or television set, a computer terminal, or other terminal, to
the nearest feeder cable of the system.
Federal Communications Commission.
The rights and obligations extended by the City to an operator
to own, construct, maintain and operate its system within the boundaries
of the City.
The City Administrator of Smithville or a designee who shall
receive inquiries from an operator's subscribers and the general public
concerning an operator's performance, coordinate the resolution of
disputes between an operator, its subscribers and the general public,
and act as the City contact for an operator regarding cable television
matters within the City.
The contract between the City and an operator under which
the City grants a franchise to that operator.
All amounts actually received by an operator from the operation
of the system, including, but not limited to, basic service fees,
tier service fees, premium service fees, the advertised value of all
free accounts permitted by an operator (except those required by a
separate franchise agreement or provided to employees), payments received
from programmers or other entities for carriage of programming or
other services to subscribers, advertising revenue as described below,
and other income derived from the operation of the system in the streets,
or by any other use of the system in the streets. For purposes of
this definition, an operator shall include affiliates, subsidiaries
and parents when such entities are used to evade an obligation to
pay a franchise fee. "Gross revenues" do not include receipts from
any other business endeavor for which an operator is paying an occupational
license fee or charge; studio rental; production equipment rental;
personnel fees; penalties charged for late payment; sales taxes or
franchise fees collected; the revenue of any person, including, without
limitation, a supplier of programming to an operator to the extent
the revenue is also included in gross revenue of the operator; or
revenue for any goods or services which are not provided over the
system even if such goods and services are advertised and/or ordered
using the system. In the event an operator receives any revenue from
disseminating advertisements or carrying programming or other services
on the system within and without the City, gross revenues shall, with
respect to such advertisements, programming or other services, include
an amount derived by multiplying such revenue by a fraction, the numerator
of which is the number of subscribers in the City reached by such
advertisement, programming or other service and the denominator of
which is the total number of subscribers reached by such advertisement,
programming or other service.
Any person operating a cable communications system.
Any individual, corporation, partnership, proprietorship,
organization, group or other entity.
Any cable service delivered on a per-channel or per-program
basis.
Any real property, easement, right-of-way, or other interest
in real estate, including a street, owned or controlled by the City
or any other governmental unit.
Any person residing in the City.
Each home, house, building, or other structure that normally
accommodates the living quarters of one (1) family, and each apartment,
condominium or cooperative unit that normally accommodates the living
quarters of one (1) family in any multiple-unit building or complex
of multiple-unit buildings; provided, however, that if an operator
has not obtained, pursuant to a reasonable standard access agreement
utilized by an operator that does not require the operator to pay
any owner or association of owners for access, the permission or authority
required by any owner or association of owners to extend its facilities
to individual apartments, condominiums, and cooperative units within
the interior of such multiple-unit buildings or complexes of multiple-unit
buildings, then any such multiple-unit building or complex of multiple-unit
buildings shall be considered a single residential dwelling unit.
The surface of, and the space above and below, any public
street, road, highway, freeway, lane, path, public way, alley, court,
sidewalk, boulevard, parkway, drive, avenue, bridge or any easement
or right-of-way now or hereafter held by the City which shall, within
its proper use and meaning in the sole opinion of the City, entitle
an operator to its use for the purpose of installing or transmitting
over poles, wires, cables, conductors, conduits, vaults, manholes,
amplifiers, appliances, attachments and other property as may be ordinarily
necessary and pertinent to a cable communications system.
Any person or entity who subscribes to a service provided
by an operator, by means of or in connection with the system, and
pays a fee unless such fee is lawfully waived.
The cable communications system operated by an operator in
the City.
Any cable service tier other than basic service or premium
service, which is delivered over the system to subscribers.
[1]
Editor's Note: See 47 U.S.C. § 151 et seq., and
47 U.S.C. § 521 et seq.
