The present tense includes the future; the singular number includes
the plural, and the plural, the singular; and the masculine gender
includes the feminine gender.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated:
Public, educational and governmental access channels as defined
herein.
Any service tier which includes the retransmission of local
broadcast signals.
The Council of the Borough of Narberth.
Also referred to as "system" and "cable television 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 a community, but such term
does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple
unit dwellings under common ownership, control, or management, unless
such facility or facilities uses any public right-of-way;
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Cable Act, except that
such facility shall be considered a cable system [other than for purposes
of § 621(c) of the Cable Act] to the extent such facility
is used in the transmission of video programming directly to subscribers;
or
Any facilities of any electric utility used solely for operating
its electric utility systems.
A nonbroadcast signal that originates within the facilities
of the cable communications system.
A six megahertz (MHz) frequency band, which is capable of
carrying either one standard video signal, a number of audio, digital
or other nonvideo signals or some combination of such signals.
Such video, audio, data and other services provided to institutional
users on an individual application basis. These may include, but are
not limited to, one-way video, two-way video, audio or digital signals
among institutions and as may be specified in the franchise to residential
subscribers.
A subscriber who receives a service in a place of business
where the service may be utilized in connection with a business, trade
or profession and who pays the charges therefor.
The Cable Communications Policy Act of 1984 as it may be
amended or succeeded.
An electronic device which converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber, and any channel selector which permits a subscriber
to view all signals delivered at designated converter dial locations
at the set or by remote control.
A channel which can only be received by the person and/or
institution intended to receive signals on such channel.
A coaxial connection from feeder cable to the subscriber/user
television set, radio or other terminal.
Any channel designated for noncommercial educational access
use.
The price that a willing buyer would pay to a willing seller
for a going concern based on the system valuation prevailing in the
industry at the time.
The Federal Communications Commission and any legally appointed
successor.
The nonexclusive rights granted pursuant to this chapter
to construct, operate and maintain a cable communications system along
the public ways within all or a specified area in the Borough. Any
such authorization, 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 Borough as required by other ordinances
and laws of the Borough.
The entire Borough, or portions thereof, for which a franchise
is granted under the authority of this agreement. If not otherwise
stated in the franchise, the franchise area shall be the corporate
limits of the Borough, including all territory thereafter annexed
to the Borough.
The percentage, as specified by the Borough, of the franchisee's
gross annual revenues from all sources payable in exchange for the
rights granted pursuant to this chapter and the franchise agreement.
The natural person(s), partnership(s), domestic and foreign
corporation(s), association(s), joint venture(s), or organization(s)
of any kind which has been legally granted a franchise by the Borough,
and its lawful successor, transferee or assignee.
Any channel specifically designated or dedicated for noncommercial
government access use.
The Borough of Narberth as represented by the Borough Council
acting within the scope of its jurisdiction.
All revenue received annually directly or indirectly from
franchise services provided within the franchise area by the grantee,
its subsidiaries, and any person in which the grantee has a financial
interest.
The connection of the system from feeder cable to subscribers'
terminals.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee, at rates in accordance with the Cable Act.
Observing a communications signal, or the absence of a signal,
where the observer is not a party to the communication, whether the
signal is observed by visual or electronic means, for any purpose
whatsoever.
The ability to distribute cable programming to a particular
segment or segments of the cable subscribers.
An individual, partnership, association, organization, corporation
or any lawful successor transferee of said individual, partnership,
association, organization or corporation.
A linear mile of cable as measured on the street or easement
from pole to pole or pedestal to pedestal. In cases where cable is
on both sides of the street, only the cable on one side of the street
will be utilized in measuring a plant mile.
Any channel designated or dedicated for noncommercial use
by the general public or noncommercial organizations which is made
available for use without charge on a nondiscriminatory basis in accordance
with the rules and regulations specified in the franchise.
The surface, the air space above the surface, and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways,
utility easements or other public right-of-way or hereafter held by
the Borough which shall entitle the Borough and the grantee to the
use thereof for the purpose of installing and maintaining the grantee
cable television system. No reference herein, or in any franchise,
to the public way shall be deemed to be a representation or guarantee
by the Borough that its title to any property is sufficient to permit
its use for such purpose, and the grantee shall, by its use of such
terms, be deemed to gain only such rights to use property in the Borough
as the Borough may have the undisputed right and power to give.
Where not elsewhere specified, shall be written notice addressed
to the grantee at its principal office within the Borough or such
other office as the grantee has designated to the Borough as the address
to which notice shall be transmitted to it, which notice shall be
certified and postmarked not less than 10 business days prior to that
day in which the party giving such notice shall commence any action
which requires the giving of notice. In computing said 10 business
days, holidays recognized by the Borough shall be excluded.
Any person residing in the Borough as 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 and who pays the charges therefor.
Includes any sale, exchange or barter transaction.
Any public or nonprofit educational institution, including
primary and secondary schools, colleges and universities, both public
and private.
The entire geographic area within the franchise territory.
The Commonwealth of Pennsylvania.
Cable communications system equipment used by the franchisee
to provide services in the franchise area; provided, however, such
system facility excludes buildings, contracts, facilities, and equipment
whose primary use is for providing service to other system facilities
located outside the Borough limits.
The disposal, voluntarily or involuntarily, by the grantee,
directly or indirectly, by gift, assignment, voluntary sale, merger,
consolidation or otherwise, of 5% or more at one time of the ownership
or controlling interest in the system, or 20% cumulatively over the
term of the franchise of such interests to a corporation, partnership,
limited partnership, trust or association, or person or group of persons
acting in concert. An internal reorganization in which ultimate control
of the grantee does not change shall not constitute a transfer for
purposes of this chapter.
The major distribution cable used in cable communications,
which divides into feeder lines which are tapped for service to subscribers.
A signal originating from a terminal to another point in
the cable television system including video, audio or digital signals
for either programs or other uses such as security alert services,
etc.
A person or organization utilizing channel or equipment and
facilities for purpose of producing and/or transmission of material,
as contrasted with receipt thereof in a subscriber capacity.
