§ 14-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access channels means services provided by a cable television system on its public, educational, local government or leased channels, whether separate or composite.

Additional service or additional subscriber service means any communications service other than a basic service provided over its cable television system by the franchisee directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications services including, by way of illustration but not limited to, pay or subscription television, burglar alarm, data or other electronic intelligence transmission, facsimile reproduction, meter reading and home shopping.

Basic service or basic subscriber service means the delivery by the franchisee to television receivers, or any other suitable type of audiovideo communication receivers, to all subscribers to locations in the county of signals of over-the-air television broadcasters and channels required by the FCC; and other service at the option of the company.

Channel means a signaling path provided by a cable television system to relay to subscriber terminals television broadcast programs or any other programs or signals from whatever source which may legally and technically be delivered to such terminal.

Community antenna television system, cable television system and CATV are synonymous terms describing a system employing antennas, microwave, wires, waveguides, coaxial cables, fiber optics or other conductors, equipment or facilities, designed, constructed or used for the purpose of:

(1)

Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;

(2)

Transmitting original cablecast programming not received from television broadcast signals;

(3)

Transmitting television pictures, film and video tape programs not received through broadcast television channels, whether or not encoded or processed to permit reception by only selected receivers; and

(4)

Transmitting and receiving all other signals, including digital, voice and audiovisual.

Provided, however, that any of the services permitted to be performed, described in this definition, shall be those performed by or through the franchisee for subscribers in the operation of a cable television system franchised by the county.

Converter means an electronic device which converts signals from a frequency not susceptible to reception by the television receiver of the subscriber to a frequency which is susceptible of reception, and by an appropriate channel selector also permits the subscriber to view all signals delivered at designated dial locations.

County clerk means the county clerk or any other person selected by the board of commissioners with regard to the administration of this chapter or any lawfully designated designee of such official.

FCC means the Federal Communications Commission.

Franchise means and includes any authorization granted under this chapter in terms of a franchise, privilege, permit, license or authority to construct, operate and maintain a cable television system or components thereof within the county. Such authorization means and includes any license or permit required for the privilege of transacting and carrying on the business within the county as required by other ordinances and related state laws of the county.

Franchisee means Westinghouse Broadcasting and Cable, Inc., d/b/a/ Group W Cable, being the individual, company, corporation or firm granted the franchise by the board of commissioners under this chapter, and its lawful successors, transferees or assigns.

Gross annual receipts includes those revenues derived from the supplying of basic subscriber service, that is, the installation fees, disconnect and reconnect fees, and fees from regular cable benefits, including the transmission of broadcast signals, and access and local origination, if any. However, it does not include revenues derived from per program or per channel charges, lease channel revenue, advertising revenue or any other income from the system.

Road means the surface, the air space above the surface, and the area below the surface, of all public streets, roads, highways, alleys, easements, boulevards, bridges, tunnels, public utility easements and all public grounds within or belonging to the county.

Subscriber or customer means an authorized recipient legally receiving basic service or additional service, or both.

User means a person utilizing a cable television system channel for purposes of transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.

(Code 1992, § 12-1)

Cross reference

Definitions generally, § 1-2.