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<br />ARTICLE I. IN GENERAL <br /> <br />Sec. 1. <br /> <br />Short Title. <br /> <br />This Ordinance shall be known and may be cited as City of Sunny Isles Beach, Florida Cable <br /> <br />Television Ordinance. <br /> <br />Sec. 2. <br /> <br />Creation of Ordinance <br /> <br />The City of Sunny Isles Beach, Florida, Cable Television Ordinance is hereby created to read <br /> <br />as follows: <br /> <br />ARTICLE II. CABLE TELEVISION <br /> <br />Sec. 1. <br /> <br />Definitions. <br /> <br />For the purpose of this article and any application made pursuant hereto, the following terms, <br />phrases, words and their derivations shall have the meanings given herein. When not inconsistent <br />with the context, words used in the present tense include the future, words in the plural number <br />include the singular number, and words in the singular number include the plural number. The <br />words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined <br />herein or in any franchise agreement that might be granted hereunder shall be given the meaning set <br />forth in the Communications Act of1934, 47 U.S.C. ~ 521 et seq., and the Telecommunications Act <br />of 1996, and as those Acts have and may hereinafter be amended (collectively the "Communications <br />Act"), and, if not defined therein, their common and ordinary meaning. <br /> <br />A. Access channel means any channel on a cable system set aside without charge by the <br />cable operator for public, educational and/or local governmental use. <br /> <br />B. Activated channel means those channels engineered at the headend of a cable system <br />for the provision of services generally available to residential subscribers of the cable system, <br />regardless of whether such services actually are provided, including any channel designated for <br />public, educational, or governmental use. Channels on which signals flow in the direction from the <br />headend to the subscriber are referred to as "downstream channels." Where the signal flows to the <br />headend for re-distribution, it shall be referred to as an "upstream channel." <br /> <br />C. Affiliate means any person who owns or controls, is owned or controlled by, or is <br />under common ownership or control with a franchisee. <br /> <br />D. <br /> <br />Applicant means any person submitting an application within the meaning of this <br />article. <br /> <br />E. <br /> <br />Application means any proposal, submission or request to (1) operate a cable system <br /> <br />Cable Ordinance <br /> <br />-3- <br />