§ 13-1. Definition of terms.
Terms. For the purpose of this chapter, the following terms, phrases, words and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
Affiliate means any person who owns or controls, is owned or controlled by, or is under common ownership or control with grantee.
Basic cable service means any service tier which includes the retransmission of local broadcast signals; or that definition which is prescribed by the FCC.
Cable Act collectively means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996.
Cable service means (i) the one-day transmission to subscribers of video programming or other programming service, and (ii) subscriber interaction, if any, which is required for the selection or use of such Video Programming or other programming service.
Cable system shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves subscribers without using any public way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a Cable System (other than for purposes of Section 621(c)) to the extent such facility is used in transmission of video programming directly to Subscribers unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with Section 653 of Title VI of the Communications Act of 1934; or (E) any facilities of any electric utility used solely for operating its electric utility system.
Class TV cable communications channel means a signaling path provided by a cable communications system to transmit signals of any type from a Subscriber terminal to another point in the communications system.
FCC means Federal Communications Commission, or successor governmental entity thereto.
Franchise shall mean the initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service to subscribers.
Franchising authority means the City of International Falls, Minnesota, or the lawful successor, transferee or assignee thereof.
Grantee means Midcontinent Communications, a South Dakota general partnership.
Grantor means the City of International Falls.
Gross revenues mean any revenue received by the grantee from the operation of the cable system to provide cable services and equipment sales and rentals in the service area, provided, however, that such phrase shall not include (i) any tax, fee or assessment of any kind imposed by the franchising authority or other governmental entity on a cable operator, or customer, or both, solely because of their status as such; (ii) any tax, fee or assessment of general applicability which is unduly discriminatory against cable operators or customers (including any such tax, fee or assessment imposed, both on utilities and cable operators and their services); (iii) any refunds to subscribers, advertising revenues, home shopping revenues, copyright fees, bad debt; and (iv) any other special tax, assessment or fee such as business, occupation and entertainment tax.
Gross revenues shall include revenues from the sale of data transmission and internet access services provided over the cable system in the event the FCC or a court or agency of competent jurisdiction holds, rules or decides that a franchise fee may be imposed on such revenues.
Person means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.
Public way shall mean the surface of and the space above and below, any public street, highway freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchising authority in the service area which shall entitle the franchising authority and the grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the cable system. Public way shall also mean any easement now or hereafter held by the franchising authority within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the franchising authority and the grantee to the use thereof for the purposes of installing and operating the grantee's cable system over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the cable system.
Service area means the present municipal boundaries of the franchising authority and shall include any additions thereto by annexation or other legal means.
Service tier means a category of cable service or other services provided by grantee and for which a separate charge is made by Grantee.
Subscriber means a person who lawfully receives services of the cable system with the grantee's express permission.
Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Ord. No. 12, 5th Series, § 2(I), 6-4-14)