§ 30-1. 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:

Applicant means any person who makes application for an initial franchise, a geographic expansion of an existing franchise, a material modification of an existing franchise (except as otherwise prescribed in the Cable Communications Policy Act of 1984, 47 USC 545, as amended by the Cable Television Consumer Protection and Competition Act of 1992), or for approval to receive a transfer of a franchise.

Application means the written application (including all supporting and related documents) made by an applicant pursuant to this chapter to obtain from the county an initial franchise, a geographic expansion of an existing franchise, a material modification of an existing franchise (except as otherwise prescribed in the Cable Communications Policy Act of 1984, 47 USC 545, as amended by the Cable Television Consumer Protection and Competition Act of 1992), or approval for a transfer of a franchise.

Cable operator means any person:

(1)

Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or

(2)

Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

Cable service means:

(1)

The one-way transmission to subscribers of video programming or other programming service; and

(2)

Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

Cable system means 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 (including video programming) to multiple subscribers within a community; but such definition does not include:

(1)

A facility that serves only to retransmit the television signals of one or more television broadcast stations;

(2)

A facility (e.g., a satellite master antenna television system) that serves only subscribers in one or more multiple-unit dwellings under common ownership, control or management, unless such facilities use a public easement or right-of-way;

(3)

A facility of a common carrier; except that such facility shall be considered a cable system to the extent that such facility is used in the transmission of video programming directly to subscribers; or

(4)

Any facilities of any electric utility used solely for operating its electric utility systems.

County engineer means the county engineer, or his designee, or any successor to the powers of the county engineer.

County manager means the county manager, or his designee, or any successor to the powers of the county manager.

FCC means the United States Federal Communications Commission.

Franchise means an initial authorization or renewal authorization issued by the county (regardless of whether such authorization is called a "franchise," "permit," "license," "resolution," "contract," "certificate," "agreement" or other designation), which authorizes the construction or operation of a cable system in the unincorporated portions of the county.

Franchise agreement means this chapter, as amended, together with the respective resolution of the county council granting, renewing, expanding, modifying or approving a transfer of a franchise of a cable system.

Franchise area means the respective area described in a resolution of the county council approving a grant, renewal, expansion, modification or transfer of a franchise pursuant to this chapter.

Grantee means a person who has made application for and has been granted or received an initial grant, renewal, expansion, modification or transfer of a franchise.

Normal business hours means those hours during which most similar businesses in the community are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week and/or some weekend hours.

Normal operating conditions means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include but are not limited to natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include but are not limited to special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

Person means an individual, corporation, general or limited partnership, joint venture, governmental instrumentality or agency, trust or other legal entity.

Service interruption means the loss of picture or sound on one or more cable channels.

Subscriber means a person who is lawfully entitled to receive any service delivered over a cable system.

Transfer means any sale, conveyance, gift or other disposition of any right, title or interest in a franchise. Any material change in the persons constituting the controlling interest (e.g., shareholders) of the cable operator holding the franchise shall constitute and be deemed a transfer. Notwithstanding anything contained in this subsection, upon notice and without consent, the grantee may assign all rights in its franchise to any entity that is a parent, subsidiary or affiliate of the grantee but only if said parent, subsidiary or affiliate exists as of the date of the initial agreement.

Video programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station or cable system.

(Ord. No. 88-10, § 3, 5-19-88; Ord. No. 94-10, §§ I, III, 6-9-94)

Cross reference

Definitions and rules of construction generally, § 1-2.