Ordinance 2018-530 - Laserfiche WebLink

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B. Such term does not include: (1)A facility that serves only to retransmit the television signals of one or more television broadcast stations; (2)A facility that serves subscribers without using any public right of way; (3) A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1931, 17 U.S.C. § 201 et seq.,except that such facility will be considered a cable system to the extent it 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; (1)An open video system that complies with Section 653 of the Telecommunications Act of 1996; or (5)Any facilities of any electric utility used solely for operating its electric utility systems. C. Subject to applicable law, the foregoing definition of "cable system" shall not be deemed to system or provider of communications services,including but not limited to telephony and open video systems. CITY The City of Sunny Isles Beach,a municipal corporation of the State of Florida, in its present incorporated form or in any later reorganized,consolidated, enlarged or reincorporated form. COMMUNICATIONS ACT The Communications Act of 1934, 47 U.S.C. § 151 et seq., as that Act has and may hereinafter be amended. CONTROL OF A FRANCHISEE OR APPLICANT Possession of the ability to direct or cause the direction of the management or policies of a franchisee or applicant, or the operation of a franchisee's system, whether through operational control in whatever manner exercised or ownership of voting securities, by contract or understanding, or in any other manner. COUNTY Miami Dade County. FAIR MARKET VALUE The price that a willing buyer would pay to a willing seller for a going concern but with no value allocated to the franchise itself. FCC The Federal Communications Commission, or any successor governmental entity thereto. FRANCHISE The right granted by the City to a franchisee in a franchise agreement to construct, maintain and operate a cable system under, on, and over streets, roads and any other public ways, rights of ways, or easements within all or specified area- : -- • •- --•- .. •- ..- . City for the privilege of transacting and carrying on a business within the City or for disturbing or carrying out any work on any street.