§ 16-23. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Access cablecasting services means provided by a cable television system on its public, education, or leased channels. Types of cable casting service include:
(1)
Public access channel. A specially-designated noncommercial public access channel available on a first-come nondiscriminatory basis for which the system shall maintain, and have available for public use, at least the minimal equipment and facilities necessary for the production of programming for such a channel.
(2)
Education access channel. A specially designated channel for use by local education authorities.
(3)
Leased access channel. A portion of the system's nonbroadcast bandwidth, including the unused portion of the specially-designated channels for leased access services.
Additional services means any of the following: such video services as the transmission of all leased access channel signals not included in basic subscriber service, as well as the transmission of cablecast video advertising messages and pay television signals.
Cablecasting programming (exclusive of broadcast signals) means carried on a cable television system.
Cable communication system, cable system, CATV or system means a system of other conductors and equipment used or to be used to originate or receive television or radio signals directly or indirectly off the air and to transmit them via cable to subscribers for a fixed or variable fee, including the origination, receipt, transmission, and distribution of voices, sound signals, pictures, visual images, digital signals, telemetry, and any other type of closed circuit transmission by means of electrical impulses, whether or not directed to originating signals or receiving signals off the air.
Certificate holder means the person or company awarded a certificate of public convenience and necessity for the operation of a CATV system in the city, the certificate to be awarded in accordance with the provisions of applicable law, including this article.
City means the City of Woodbine, Georgia, and all territory within its existing and future territorial corporate limits. The city officer or employee designated in this article shall mean the person elected to or appointed to such position.
Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and, by an appropriate channel selector, also permits a subscriber to view all signals delivered at designated dial locations.
Franchise shall include this franchise and all rights, power, and privileges thereunder.
Franchise agreement means the agreement between the city and the franchises made pursuant to this article. All provisions of this article, as amended, are part of the franchise agreement.
Franchisee means the entity to whom the CATV franchise is awarded and shall include all persons having any rights, powers, privileges, duties, liabilities, or obligations under this franchise agreement, and also all persons having or claiming any title or interest in or to the system, whether by reason of the franchise itself or any subcontract, transfer, assignment, mortgage, pledge, hypothecations, security, agreement, management, or operating agreement, or otherwise arising or created.
Gross subscriber revenues means those revenues derived from the supplying of regular subscriber service within the city, including monthly service charges and fees for regular cable benefits, including the transmission of broadcast signals and access and origination channels if any; it also includes installation fees or reconnect charges, revenues derived from per-program or per-channel charges, leased channel revenues, advertising revenues, or any other income derived from the system.
Origination cablecasting programming (exclusive of broadcast signals) means carried on a cable television system over one or more channels, and subject to the exclusive control of the cable operation.
Pay TV means an arrangement under which a charge is made to a subscriber for receiving a particular television program or series of programs.
Programmer means any person, firm, corporation, or entity who or which produces or otherwise provides program material for transmission by video, audio, digital, or other signals, either live or from recorded tapes, to subscribers, by means of the cable communications system.
Public agency means an agency which is supported wholly, or substantially, by public funds.
Service, basic, and additional basic subscriber service means the total of all of the following:
(1)
The transmission of all broadcast video channel signals provided for herein;
(2)
The transmission of the public and educational access channel signals;
(3)
The transmission of the local origination channel signals;
(4)
The transmission of such other cable cast channel signals as are required by the Federal Communication Commission to match the number of broadcast channel signals being transmitted; and
(5)
The installation and re-connection of subscriber service outlets.
Streets and highways means streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, docks, bulkheads, wharves, piers, alleys, all other public rights-of-way and public grounds or waters within or belonging to the city.
Subscriber means a person or organization whose premises are physically wired to receive, and/or who is receiving by any manner, any transmission from the system.
Subscriber service drop means such extension wiring from the franchisee's distribution lines to a subscriber's building.
User means a person utilizing a system channel as a producer, for purposes of production of or transmission of material, or as a subscriber, for purposes of receipt of material.
(Code 1985, § 4-405; Ord. of 4-6-1981)