For the purpose of this Franchise Agreement, capitalized terms, phrases, words, and abbreviations shall have the meanings ascribed to them in the Cable Communications Policy Act of 1984, as amended from time to time, 47 U.S.C. §§ 521 through 631 (the "Cable Act"), unless otherwise defined herein. When not inconsistent with the context, words used in the present tense include the future, words used to refer to the masculine include the feminine, and words in the plural number include the singular number. The word "shall" is mandatory and "may" is permissive. Words not defined in the Cable Act or herein shall be given their common and ordinary meaning.
CABLE SERVICE or SERVICE The one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEM 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 the franchise area, and as further defined under § 602(7) of the Cable Act.
CUSTOMER or SUBSCRIBER A person or user of the cable system who lawfully receives cable service therefrom with the franchisee's express permission.
FCC The Federal Communications Commission or successor governmental entity thereto.
FRANCHISE The initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate, ordinance or otherwise, which authorizes the construction and operation of the cable system.
FRANCHISE AREA The present legal boundaries of the Town of Snow Hill, as of the effective date, and shall also include any additions thereto, by annexation or other legal means during the term of the franchise, as per the requirements set forth in §
A205-13L. of this agreement.
GROSS REVENUE Revenue derived by the franchisee from the operation of the cable system in the franchise area to provide cable service, calculated in accordance with generally accepted accounting principles ("GAAP"). Gross revenue includes monthly basic cable, premium and pay-per-view video fees, installation fees and subscriber equipment rental fees. Gross revenue shall not include program launch support payments, revenue from advertising and home shopping, refundable deposits, late fees, investment income, nor any taxes, franchise fees or other fees or assessments imposed or assessed by any governmental authority. Gross annual revenues shall not include actual bad debt that is written off, consistent with generally accepted accounting principles, provided however, that all or any part of any such actual bad debt that is written off, but subsequently collected, shall be included in the gross annual revenues in the period so collected.
PERSON Any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall not mean the franchising authority.
PUBLIC BUILDINGS Those buildings owned or leased by the franchising authority for municipal government administrative purposes, and shall not include buildings owned by franchising authority but leased to third parties or buildings such as storage facilities at which government employees are not regularly stationed.
PUBLIC WAY The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, park or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or easements dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchising authority in the franchise area, which shall entitle the franchisee to the use thereof for the purpose of installing, operating, repairing, and maintaining the cable system. Public way shall also mean any easement now or hereafter held by the franchising authority within the franchise area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the franchisee to the use thereof for the purposes of installing, operating, and maintaining the franchisee's cable system over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the cable system.
TOWN The Town of Snow Hill, Maryland.
VIDEO SERVICE PROVIDER or VSP Any entity using the public rights-of-way to provide multiple video programming services to subscribers, for purchase or at no cost, regardless of the transmission method, facilities, or technology used. A VSP shall include but is not limited to any entity that provides cable services, multichannel multipoint distribution services, broadcast satellite services, satellite-delivered services, wireless services, and internet-protocol based services.