The following terms used in this franchise shall have the following
meanings:
Any corporation, partnership or other business entity that
owns or controls, is owned or controlled by, or is under common ownership
or control with Blue Ridge.
That service tier which shall include at least the retransmission
of local broadcast television signals for which Blue Ridge has obtained
retransmission consent and/or must carry agreements and any educational
and governmental ("EG") access channel.
Over-the-air transmission by a television or radio station.
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.
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 municipality,
but such term does not include A) a facility that serves only to retransmit
the television signals of one or more television broadcast stations;
B) a facility that serves subscribers without using any public right-of-way;
C) a facility of a common carrier which is subject, in whole or in
part, to the provisions of Title II of the Cable Act,[1] except that such facility shall be considered a cable
system (other than for purposes of Section 621 of the Cable Act)[2] to the extent that facility is used in the transmission
of video programming directly to subscribers unless the extent of
that use is solely to provide interactive on-demand services; D) an
open video system that complies with Section 653 of the Cable Act;[3] or E) any facilities of any electric utility used solely
for operating its electric utility systems.
Any written or oral communication by a subscriber expressing
dissatisfaction with a specific aspect of Blue Ridge's business
or the operation of its cable system, but not to include expressions
of dissatisfaction regarding the content of individual television
programs over which Blue Ridge exercises no control.
The coaxial or fiber optic or other cable that connects a
home or building to the cable system.
Federal Communications Commission.
All revenue received directly or indirectly by Blue Ridge from
any source whatsoever arising from, attributable to, or in any way
derived from the operation of Blue Ridge's cable system located
within the municipality to provide cable services. Gross revenues
shall include, but are not limited to, the following:
Basic service fees;
Fees charged to subscribers for any service tier other than
basic service;
Fees charged for premium services;
Fees charged to subscribers for any optional, per-channel or
per-program services;
Revenue from the provision of any other cable services;
Charges for installation, additional outlets, relocation, disconnection,
reconnection and change-in-service fees for video or audio programming;
Fees for downgrading any level of cable service programming;
Fees for "trouble calls";
Fees for video-on-demand.
Gross revenues shall not include bad debts or any taxes on services
furnished by Blue Ridge and imposed directly upon any subscriber or
user by the municipality, state, federal or other governmental unit.
Nothing herein shall be interpreted to enlarge the municipality's
right to collect franchise fees beyond the authority granted to the
municipality by the Cable Act; and the municipality acknowledges that
revenues from advertising and home shopping channels are received
based on ZIP Codes that do not conform to municipality boundaries.
For the purpose of calculating franchise fees, these revenues will
be prorated among franchise authorities based upon the number of subscribers
within each.
