For purposes of this Cable Ordinance, the following terms, phrases,
words, abbreviations and their derivations shall have the meanings
provided herein. When not inconsistent with context, words used in
the present tense include the future tense; words in the plural number
include the singular number; words in the singular number include
the plural; and the masculine gender includes the feminine gender.
Unless otherwise expressly stated, words not defined herein or in
other local law shall be given the meaning set forth in applicable
law and, if not defined therein, the words shall be given their common
and ordinary meaning. The word "shall" is always mandatory and not
merely directory. The word "may" is directory and discretionary and
not mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
Public, educational and/or governmental access channel(s).
Shall have the meaning ascribed in the Cable Act.
Any law, statute, charter, ordinance, rule, regulation, code,
license, certificate, franchise, permit, writ, ruling, award, executive
order, directive, requirement, injunction (whether temporary, preliminary
or permanent), judgment, decree or other order issued, executed, entered
or deemed applicable by a governmental authority of competent jurisdiction.
The Cable Communications Policy Act of 1984, as it may be
amended.
Shall have the meaning ascribed in the Cable Act.
This chapter, as it may be amended.
Shall have the meaning ascribed in the Cable Act.
Shall have the meanings ascribed in the Cable Act.
The City of Westbrook.
The Federal Communications Commission.
Shall have the meaning ascribed in the Cable Act and may
from time to time refer collectively to a franchise and a franchise
agreement.
Any written contract entered into between a cable operator
and the City that sets forth the terms and conditions of the authorization
provided by a franchise for the construction and/or operation of a
cable system.
The area of the City identified in a franchise in which a
cable operator is authorized to construct, maintain and operate a
cable system or open video system.
Shall have the meaning ascribed in the Cable Act.
Shall mean and shall be broadly construed to include any and
all revenue derived by a cable operator and its affiliates from the
provision of cable service within the City, including, without limitation:
Monthly fees for cable services, regardless of whether such
cable services are provided to residential or commercial customers;
Installation, reconnection, downgrade, upgrade or similar charges
or fees associated with changes in a subscriber's cable service
levels;
Fees paid to the City for channels designated for commercial
or leased access use;
Fees or charges associated with a subscriber's use, rental,
lease or purchase of a converter, remote control, lockout device or
any other cable service equipment;
Advertising fees, rebates and commissions, but excluding unaffiliated
agency fees;
Late fees, convenience fees and administrative fees;
Revenues from program guides;
Franchise fees; and
Commissions from home shopping channels and other revenue-sharing
arrangements.
Revenues derived from sales of advertising that runs on the
cable system shall be allocated on a pro rata basis using total cable
service subscribers reached by the advertising. Gross revenues shall
not include:
Actual bad debt write-offs; provided, however, that all or part
of any such actual bad debt that is written off but subsequently collected
shall be included in gross revenues in the period collected; and
Consistent with applicable law, any taxes on services furnished
by a cable operator imposed by any municipality, state or other governmental
unit, provided that franchise fees shall not be regarded as such a
tax.
Bundled services revenue. To the extent revenues are received
by a cable operator for the provision of a bundle of services that
includes cable services and non-cable services, the cable operator
shall calculate revenues to be included in gross revenues, including
late fee revenue, using a methodology that allocates revenue on a
pro rata basis when comparing the bundled service price and its components
to the sum of the most recent published rate card rate for the components;
except it is expressly understood that equipment may be subject to
inclusion in the bundled price at full rate card value. This calculation
shall be applied to every bundled service package containing cable
service from which a cable operator receives or derives revenues from
the City's residents and must be updated within 60 days of the
date any rate change for cable and/or non-cable services is implemented
for a service package containing cable service or the date any rate
change is implemented for any service included in a service package
that contains cable service. The City reserves its right to review
and to challenge a cable operator's calculations.
Shall have the meaning ascribed in the Cable Act.
The surface of, and the space above and below, any public
street, highway, bridge, land path, alley, court, boulevard, sidewalk,
parkway, way, lane, public way, drive, circle or other public right-of-way,
including, but not limited to, public utility easements, dedicated
utility strips or rights-of-way dedicated for compatible uses and
any temporary or permanent fixtures or improvements located thereon
now or hereafter held or maintained by the City in the City which
shall entitle the company to the use thereof for the purpose of installing,
operating, repairing and maintaining the cable system. "Public way"
or "street" shall also mean any easement now or hereafter held by
the City within the City for the purpose of public travel, or for
utility or public service use dedicated for 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 company to the use thereof for the purposes
of installing or transmitting the company's cable service or
other service 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.
Reference herein to "public way" or "street" shall not be construed
to be a representation or guarantee by the City that its property
rights are sufficient to permit its use for any purpose, or that the
City shall gain or be permitted to exercise any rights to use property
in the City greater than those already possessed by the City.
Any and all applicable laws promulgated by the City addressing the use of its public ways, including, without limitation, the construction, maintenance, operation, restoration and/or relocation of facilities in the public ways and, including, without limitation, Chapter 281 of this Code.
Any person that lawfully receives cable service via a cable
system with a cable operator's express permission. In the case
of multiple office buildings or multiple dwelling units, the term
"subscriber" shall mean the lessee, tenant or occupant.
Shall have the meaning ascribed in the Cable Act.
