Ordinance 99-66 - Laserfiche WebLink

Home Browse Search

of providing the channel capacity, products, services and technology available from a cable system controlled by a franchisee or a parent, subsidiary or affiliate of a franchisee to any other community in the State. CC. Street or streets means the surface, the air space above the surface and the area below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway, thorough- fare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public place, including public utility easements dedicated for compatible uses, or any other property in which the City holds any kind of property interest or over which the City exercises any type of lawful control, and any temporary or permanent fixtures or improvements located thereon, as may be ordinarily necessary and pertinent to construct and operate a cable system. DD. Subscriber means any person who lawfully receives cable service delivered over the cable system with the franchisee's express permission. EE. Subscriber base means the total number of residential and commercial subscribers within the City. For purposes of calculating subscribers under bulk or multi-user contracts, the franchisee shall count each unit included within a contract for service as one subscriber. Franchisee shall not use any equivalency measures including calculation based on market rate, except as expressly required by applicable law. FF. System malfunction means any cable system equipment, facility or signal failure or malfunction that results in the loss of satisfactory service on one or more channels to one or more subscribers. A malfunction is major if it affects 25 or more subscribers, or a multiple dwelling unit consisting of more than 25 or more units. GG. Transfer of a franchise means any transaction in which (1) an ownership or other interest in a franchisee or its cable system is transferred from one person or group of persons to another person or group of persons so that control of a franchisee is transferred; or (2) the rights and/or obligations held by a franchisee under a franchise agreement are transferred or assigned to another person, group of persons or business entity. HH. Two-way capability means the incorporation into a cable system of all appropriate design and engineering characteristics and features so that two-way interactive transmission, including but not limited to addressability, over the system can be implemented and activated. II. Video channel or channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel, including the associated audio signal, as television channel is defined by the FCC by regulation or otherwise. Sec. 2. Intent and purposes. Cable Ordinance -7-