Throughout this chapter, the following terms,
phrases, words and abbreviations shall have the meanings given herein
unless otherwise expressly stated. When not inconsistent with the
context, words used in the present tense include the future tense;
words in the singular number include the plural number, and words
in the plural number include the singular number and the masculine
gender includes the feminine gender. The words "shall" and "will"
are mandatory, and "may" is permissive. Undefined words shall be ascribed
the meaning set forth in the Cable Act, and, if not defined therein,
their common and ordinary meaning.
Public, educational and governmental access channels, as
defined herein.
Any corporation, partnership or other business entity that
owns or controls, is owned or controlled by, or is under common ownership
or control with franchisee. For the purposes hereof, the words "own,"
"owned" and "common ownership" shall mean a direct or indirect stock,
partnership, membership or other equity interest of 51% or more.
Any service tier which includes the retransmission of local
television broadcast signals.
The Board of Commissioners of Caln Township.
The Cable Communications Policy Act of 1984, P.L. No. 98-549
(codified at 47 U.S.C. §§ 521-73), together with its
supplements and amendments, as supplemented by the Cable Television
Consumer Protection and Competition Act of 1992, P.L. No. 102-385,
and the Telecommunications Act of 1996, P.L. 104-104, as from time
to time amended.
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 Township,
but excluding:
A facility that serves only to retransmit television
signals of one or more television broadcast stations;
A facility that serves subscribers without using
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 Communications
Act of 1934, as amended, except that such facility shall be considered
a cable system to the extent such facility is used in the transmission
of video programming directly to subscribers, unless the extent of
such use is solely to provide interactive on-demand services;
An open video system that complies with Section
653 of the Cable Act; or
Any facilities of any electric utility used
solely for operating its electric utility system.
Any written or oral communication from or by a subscriber
to the cable operator that communicates the occurrence of a service
interruption, requires a work order/service call or raises a billing
issue.
An electronic device which converts signals to a frequency
not suitable for interference with 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.
The cable that connects a subscriber's home to the nearest
feeder cable of the system.
Any channel capacity designated for noncommercial educational
use.
The Federal Communications Commission, its designee or any
successor thereto.
An initial authorization, or renewal thereof (including a
renewal of an authorization which has been granted subject to Section
626 of the Cable Act), issued by a franchising authority, whether
such authorization is designated as a franchise, permit, license,
resolution, contract, certificate, agreement, or otherwise, which
authorizes the construction or operation of a cable system.
A contract entered into in accordance with the provisions
of this chapter between the Township and a franchisee that sets forth,
subject to this chapter, the terms and conditions under which the
franchise will be exercised.
The entire Township, or such portions thereof, for which
a franchise is granted under the authority of this chapter or any
prior ordinance. If not otherwise stated in the franchise, the franchise
area shall be the corporate limits of the Township, including all
territories thereafter annexed to the Township.
The natural person(s), partnership(s), domestic or foreign
corporation(s), association(s), joint venture(s), organization(s)
or other legal entity and its/their lawful successor, transferee or
assignee which have been legally granted a franchise by the Township.
The terms are used interchangeably throughout this chapter.
The consideration paid by the franchisee to the Township
as consideration for the grant of a franchise in the Township. The
specific franchise fee for a franchisee shall be set forth in a franchise
agreement which is executed pursuant to this chapter.
The conventions, rules and procedures necessary to define
accepted accounting practices at a particular time. The source of
such principles is the Financial Accounting Standards Board.
Any channel capacity on the cable system specifically designated
for noncommercial, government access use.
The Township of Caln, as represented by the Township Board
of Commissioners acting within the scope of its jurisdiction.
All revenue received directly or indirectly by franchisee,
arising from, attributable to, or in any way derived from the operation
of franchisee's cable system in the service area 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 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 leased access programming;
rental or sales of any and all equipment, including converters and
remote control devices; any and all advertising revenues; revenues
or commissions from home shopping channels; fees for any and all music
services; fees for video-on-demand; sales of program guides; late
payment fees; NSF check charges; and franchise fees. Gross revenues
shall not include bad debts or any taxes on services furnished by
franchisee and imposed directly upon any subscriber or user by the
Township, state, federal or other governmental unit. These items shall
be paid to the Township whether they are earned directly by franchisee
or by an affiliated entity of franchisee which provides cable service
over the cable system.
The act of connecting the cable system from the feeder cable
to the subscriber terminals so that cable television service may be
received by the subscriber.
Any channel designated for the use by persons unaffiliated
with the franchisee offered at rates consistent with the Cable Act
and FCC regulations.
An individual, partnership, association, organization, joint-stock
company, trust, corporation or governmental entity.
Any channel capacity on the cable system designated for noncommercial
use by the general public or noncommercial organizations for which
it is available for use without charge on a nondiscriminatory basis
in accordance with the rules and regulations specified in the franchise.
Notice published once a week for two successive weeks in
a newspaper of general circulation in the Township. Such notice shall
state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days from the date of the hearing and the
second publication shall not be less than seven days from the date
of the hearing.
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, parkway, waterway,
utility easement or other public right-of-way, now or hereafter owned,
dedicated to, held, approved or controlled by the Township, which
shall entitle the Township and the franchisee to the use thereof for
the purpose of installing and maintaining the franchisee's cable television
system. No reference herein, or in any franchise, to "public right-of-way"
shall be deemed to be a representation of or guaranty by the Township
that its interest or other right to control the use of such property
is sufficient to permit the Township's use for such purposes. The
franchisee shall be deemed to gain only such rights as the Township
may have the undisputed right and power to authorize by its issuance
of a franchise to the franchisee, including such rights available
pursuant to Section 621(a)(2) of the Cable Act.
Sale includes any sale, exchange or barter transaction.
Any public or private, kindergarten through 12th grade, education
institution located within the boundaries of the franchise area that
receives funding pursuant to Title I of the Elementary and Secondary
Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended.
The term "school" does not include "home schools."
A person or user of the cable system who lawfully receives
cable service therefrom with the franchisee's express permission.
Cable system equipment used by the franchise to provide services
in the franchise area.
The Township of Caln and its authorized officials.
A person or organization utilizing channel capacity or equipment
and facilities for the purpose of production and/or transmission of
material as contrasted with the receipt thereof in the subscriber's
capacity.
