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Ordinance 99-66
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Ordinance 99-66
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Last modified
10/24/2018 12:35:31 PM
Creation date
1/25/2006 4:40:52 PM
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CityClerk-Ordinances
Ordinance Number
99-66
Date (mm/dd/yyyy)
04/15/1999
Description
Cable Television Franchise
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<br />within the City; (2) construct and install a cable system within the City; (3) transfer a franchise or <br />control of the franchisee; (4) renew a franchise; (5) modify a franchise; or (6) seek any other relief <br />from the City pursuant to this article, a franchise agreement, the Communications Act, or other <br />applicable law. An application includes an applicant's initial proposal, submission orrequest, as well <br />as any and all subsequent amendments or supplements to the proposal and relevant correspondence. <br /> <br />F. Basic cable service or basic service means any service tier which includes the <br />retransmission oflocal television broadcast signals, and public, educational, or governmental access <br />channels. <br /> <br />G. Business day or working day shall mean any Monday through Saturday, 52 weeks <br />per year, except that such definition shall not include holidays. <br /> <br />H. Cable operator means any person who operates or otherwise controls a cable system <br />within the City. <br /> <br />1. Cable service means (i) the one-way transmission to subscribers of video or other <br />programming services; and (ii) subscriber interaction, if any, which is required for the selection or <br />use of such video programming or other services. <br /> <br />J. Cable system, cable television system, or system, means any facility consisting of a <br />set of closed transmission paths and associated signal generation, reception and control equipment <br />that is designed to provide cable service which includes video programming and which is provided <br />to multiple subscribers within the City. Such term does not include (a) a facility that serves only to <br />retransmit the television signals of one or more television broadcast stations; (b) a facility that serves <br />subscribers without using any public right of way; (c) a facility of a common carrier that is subject, <br />in whole or in part, to the provisions of Title II of the Communications Actofl934, 47 U.S.C. ~ 201 <br />et seq., except that such facility will be considered a cable system to the extent it is used in the <br />transmission of video programming directly to subscribers, unless the extent of such use is solely <br />to provide interactive on demand services; (d) an open video system that complies with section 653 <br />of the Telecommunications Act of 1996; or (e) any facilities of any electric utility used solely for <br />operating its electric utility systems. Subject to applicable law, the foregoing definition of "cable <br />system" shall not be deemed to circumscribe the valid authority ofthe City to regulate the activities <br />of any other communications system or provider of communications services, including but not <br />limited to telephony and open video systems. <br /> <br />K. City means the City of Sunny Isles Beach, a municipal corporation of the State of <br />Florida, in its present incorporated form or in any later reorganized, consolidated, enlarged or <br />reincorporated form. <br /> <br />L. Communications Act means the Communications Act of 1934,47 U.S.C. ~ 151 et <br />seq., as that Act has and may hereinafter be amended. <br /> <br />M. Control of a franchisee or applicant means possession of the ability to direct or <br />cause the direction of the management or policies of a franchisee or applicant, or the operation of <br /> <br />Cable Ordinance <br /> <br />-4- <br />
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