The purpose of this chapter is to promote and encourage the
furnishing of a high quality but economical cable communications service
to the residents of the Township and to regulate such service in the
public interest.
No person shall own or operate a cable system, as defined in § 148-3, in the Township except by franchise granted by the Township, which franchise shall comply with all the requirements of this chapter.
For purposes of this chapter, any subsequent ordinance dealing
with cable communications, any franchise agreement between the Township
and a cable communications company, and any application or proposal
submitted pursuant to an RFP, 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,
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.
Services provided by a cable television system on its public,
education, local government, licensed or other access channels.
Person or company submitting a proposal for the franchise
of a cable communications system.
All subscriber services provided by the grantee, including
the delivery of broadcast signals, covered by the regular monthly
charge, if any paid by all subscribers, excluding optional services
for which a separate charge is made.
The business, in whole or in part, of receiving directly
or indirectly over the air, and amplifying or otherwise modifying
signals transmitting programs broadcast by one or more signals, sound
signals, pictures, visual images, digital signals, telemetry, or any
other type of closed circuit transmission by means of electrical or
light impulses, whether or not directed to originating signals or
receiving signals off the air, and redistributing such signals by
wire, cable or other means to members of the public.
A system of coaxial cables or other electrical conductors
or fiber optical cables and equipment used or to be used to originate
or receive television or radio signals directly or indirectly off
the air and to transmit them via cable to subscribers for a fixed
or variable fee, including the origination, receipt, transmission,
and distribution of voices, sound signals, pictures, visual images,
digital signals, telemetry, or any other type of closed circuit transmission
by means of electrical impulses, whether or not directed to originating
signals or receiving signals off the air.
To distribute programs (both from broadcasting sources and
original programs) through the community system by means of coaxial
cable or other electrical conductors or fiber optical transmitters.
Programming or channel allocation which selectively cablecasts
to individual communities to meet their unique needs or interests.
The term "community" refers to any unit with common needs or interests
such as individual cities or neighborhoods, school districts or groups
with common characteristics.
The attachment of the drop to the first radio or television
set of the subscriber.
An electronic device, which converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber, and by an appropriate channel selector also permits
a subscriber to view all basic subscriber signals included in the
basic service delivered at designated converter dial locations. The
converter may also allow reception of additional programming and/or
services at extra cost to the subscriber.
The cable that connects the subscriber terminal to the nearest
feeder cable of the cable system.
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
Intermediate line of a cable system that carries signals
from trunk line to drops.
The rights of a grantee to construct and operate a cable
system in the Township, subject to the laws of the state, this chapter
and the franchise agreement.
An agreement between a cable operator and the Township setting
specific rights and responsibilities of each for construction and
operation of cable system.
Shall not be limited to common law fraud and deceit but shall
include the meaning of those words under federal securities law.
A person to whom a cable communications franchise has been
granted.
All revenue derived directly or indirectly by a grantee,
its affiliates, subsidiaries, parent, and/or any person in which the
grantee has a financial interest of 5% or more from or in connection
with the operation of the system in the Township, including, but not
limited to, basic subscriber service monthly fees, pay cable fees,
converter rentals, studio rental, production equipment and personnel
fees, and advertising revenues. The term does not include:
Any taxes on services furnished by the grantee and imposed directly
upon any subscriber or user by the state, Township or other governmental
unit and collected by the grantee on behalf of said governmental unit;
and
Any dividends, distributions, interest or payments for services
between a grantee and its affiliates, subsidiaries and parent.
The equipment at the antenna site in a master antenna or
cable system. The point of origination that collects all the signals
(from broadcast stations, cable stations, and satellite stations)
and sends them to the subscribers.
One of two or more elements in a large cable system from
which trunk lines originate, from which programming and data is sent
out via trunk lines, and where upstream messages are received and
where switching is accomplished. Large systems have multiple hubs
linked to each other and/or to master head end.
The connection of the system from feeder cable to the point
of connection.
A two-way operational system. See also "two-way capability."
To link cable head ends, so that subscribers to different
cable systems can see the same programming simultaneously.
Programs produced locally, the content of which may be original
or produced elsewhere and sold or licensed to a grantee for use.
The public opportunity to use cable channels which are dedicated
to that purpose and are not under control of the grantee.
A device which prevents reception of one or more channels
at an individual drop provided by the grantee.
A completely interactive closed-circuit net connecting specified
municipal, educational, medical or commercial facilities within a
system which should also have the capacity to be interconnected to
the main cable system.
Cable channels that require an additional subscriber fee.
A signaling path provided by a system to transmit signals
of any type from a subscriber terminal to another point in the system.
A user providing input services to the cable system for receipt
by subscribers.
An applicant's response to an RFP.
Channels which are dedicated to the public interest, according
to the following categories:
Any real property owned or controlled by the Township other
than a street.
A request by the Township for a proposal from applicants
for a cable system.
Optional two-way service offered to cable subscribers which
may alert authorities and/or subscribers of potential emergencies
in the subscriber's home, or public or private building.
A person 62 years of age or older.
The surface of and the space above and below any public or
private street, road, highway, freeway, land, path, public way, alley,
court, sidewalk, boulevard, parkway, drive or any easement or right-of-way
now or hereafter held by the Township which shall, within its proper
use and meaning in the sole opinion of the Township, entitle the grantee
to the use thereof for the purpose of installing, or transmitting
over, poles, wires, cables, conductors, ducts, conduits, vaults, manholes,
amplifiers, appliances, attachments and other property as may be ordinarily
necessary and pertinent to a system.
A person who pays an installation charge and/or monthly fee
to a cable system operator for connections to the system and for programs
and services carried on the cable.
The same as "drop."
The local government of the Township, a Michigan municipality,
including all other constitutional or statutory public authorities
within its jurisdiction.
The main line of cable system that carries signals from the
head end to extremities of cable system.
The ability of cable system to conduct signals to the head
end as well as from the head end. See also "loop."
A person or organization utilizing a system channel as a
producer, for purposes of production and/or transmission of material,
or as a subscriber, for purposes of receipt of material.
A.Â
Administrator. The Township Board may appoint an administrator who
shall serve at the pleasure of the Board and who shall be responsible
for the continuing administration of the franchise on the part of
the Township. The Township shall provide written notice to the grantee
of the initial appointment of the administrator and any subsequent
appointments.
B.Â
Advisory body. The Township Board may appoint a cable communications
advisory committee to perform such duties and to have such powers
as the Township Board may determine. The composition and terms of
office of the members of the committee, as well as the duties and
powers of the committee, shall be determined and established by resolution
of the Township Board.
C.Â
Delegation of authority by Township. The Township reserves the right
to delegate from time to time any of its rights or obligations under
the franchise to any body or organization. Any such delegation shall
be effective upon written notice thereof to the grantee. Upon receipt
of such notice the grantee shall be bound by all terms and conditions
of the delegation not in conflict with the franchise. Any such delegation
or revocation thereof, no matter how often made, shall not be deemed
to be an amendment to the franchise or require grantee's consent.
