§ 26-2. 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:

Additional services means programming or services for which an additional charge is made beyond the charge for basic subscriber services, including but not limited to movies, concerts, variety acts, sporting events, pay-per-view programs, interactive services, and any other service utilizing any facility or equipment of a cable television system operating pursuant to a franchise granted under this chapter.

Basic subscriber television service means a separately available service tier to which subscription is required for access to any other tier of service. Such basic service tier shall, at a minimum, consist of the following: all signals carried in fulfillment of the Cable Act, sections 614 and 615; any public, educational, and governmental access programming required in this chapter or franchise; any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the grantee.

Cable system or cable television system, also referred to as the 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 which includes video programming and which is provided to multiple subscribers within a community; but 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 only subscribers in one or more multiple-unit dwellings under common ownership, control or management unless such facility uses any public rights-of-way;

(3)

A facility of a common carrier which is subject, in whole or in part, to the provision of title II of the Cable Act, except that such facility shall be considered a cable system to the extent 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.

Channel means a six-megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals, or some combination of signals.

Closed circuit service means such audio, video and/or data and other services provided to a government user on an individual application basis. These may include but are not limited to one-way video, audio or digital signals among institutions to residential subscribers.

Commence operation means that time and date when operation of the cable system is considered to have commenced, which shall be when the system is fully constructed.

Commercial subscriber means a subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade or profession.

Commissioners means the board of commissioners of the town.

Communication Policy Act or Cable Act means the Cable Communications Policy Act of 1984 (P.L. 98-549, 47 USC 521 (Supp.)), as amended or succeeded.

Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control.

Drop means a coaxial connection from feeder cable to the subscriber/user television set, radio or other terminal.

Educational channel or educational access channel means any channel where educational programs are the only designated use.

Fair market value means the price that a willing buyer would pay to a willing seller for a going concern.

FCC means the Federal Communications Commission or any legally appointed or elected successor.

Franchise means the nonexclusive rights, granted pursuant to this chapter, to construct, operate and maintain a cable system along the public ways within all or a specified area in the town. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the town, as required by other ordinances and laws of the town.

Franchise agreement means a contract entered into voluntarily by the town and the grantee, containing the specific provisions of the franchise granted, including applicable referenced specifications, franchise proposals, applications and other related material.

Franchise area means the entire town, or portions of the town, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise agreement, the franchise area shall be the corporate limits of the town, including all territory annexed to the town.

Franchise fee means an amount, as specified by the town, of the grantee's gross annual revenues from the operation of the system pursuant to the franchise agreement.

Government channel or government access channel means any channel specifically designed or dedicated for government use.

Grantee means the natural person, partnership, domestic and foreign corporation, association, joint venture, or organization of any kind which has been legally granted a franchise by the town, and its lawful successor, transferee or assignee.

Grantor means the town as represented by the commissioners acting within the scope of its jurisdiction.

Gross annual revenues means all revenue received, including advertising revenue, directly or indirectly by the grantee, its affiliates, subsidiaries and any person in which the grantee has a financial interest (hereinafter collectively referred to as "other persons") derived from the operation of the system under this chapter; or as further defined in a franchise agreement. The term shall not include:

(1)

Any taxes on services or equipment furnished by the grantee which are imposed by the state, county, town or other governmental unit and collected by the franchise on behalf of such governmental unit;

(2)

Programming revenue of any affiliate, subsidiary, the grantee or any person in which the grantee has a financial interest whose programming is carried on the system where such revenues are paid to such other persons by the franchise and recovered by the grantee through charges to subscribers that are included in gross annual revenue;

(3)

Bad debt; or

(4)

Revenues of any other person from the sale of merchandise or noncable services as a result of or due to advertising on the system.

Installation means the connection of the system from feeder cable to subscribers' terminals.

Leased access channel or commercial leased channel means any channel designated or dedicated for use by persons unaffiliated with the grantee in accordance with the Cable Act.

Monitoring means observing a cable signal, or the absence of a signal, where the observer is not a party to the communications, whether the signal is observed by visual or electronic means for any purpose whatsoever.

Person means an individual, partnership, association, organization, corporation or any lawful successor, or transferee of such individual, partnership, association, organization or corporation.

Plant mile means linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.

Programmer means any person who produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded traces or other storage media, to users subscribers by means of the cable television system.

Public access channel or community access channel means any channel designated or dedicated for use by the general public, or noncommercial organizations which is made available for use without charge on a first come, first served, nondiscriminatory basis.

Public property means any real property owned by the town, other than a street.

Public way or public highway means the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other public right-of-way held by the town, which shall entitle the town and the grantee to its use for the purpose of installing and maintaining a cable television system. No reference in this chapter or in any franchise to the "public way" shall be deemed to be a representation or guarantee by the town that its title to any property is sufficient to permit its use for such purpose; and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the town as the town may have the undisputed right and power to give.

Reasonable notice means written notice addressed to either the town or the grantee at its respective principal office within the town or such other office as the party has designated to the other as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing such seven days, holidays recognized by the town shall be excluded.

Resident means any person residing in the town, as otherwise defined by applicable law.

Residential subscriber means a subscriber who receives a service in an individual dwelling unit where the service is not to be utilized with a business, trade or profession.

Sale includes any sale, exchange, barter or offer for sale.

School means any public, private or nonprofit educational institution, including primary and secondary schools, colleges and universities.

Service area means the entire geographic area within the franchise territory.

State of the art means that the grantee will deploy advanced technology which enables the grantee to add new services (does not include particular programming services) as they are developed and which are considered the current state of the art, defined as that level of technical performance and technical capability, which has been implemented in a majority of the cable television systems of similar size in the state provided that any improvement needed to meet such level can be instituted through technology which has been demonstrated to be feasible for its intended purpose, in an operationally workable manner; and in an economically viable manner.

Street shall include each of the following, which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the town limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions, together with such other public property and areas that the town shall permit to be included within the definition of street.

Subscriber means any person who elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection with a cable system.

Town means the Town of Mint Hill in its present incorporated form or as it may be changed by annexation.

Transfer means the disposal by the grantee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, except publicly traded issue, not in control of the grantee, of 25 percent at one time, or 50 percent or more cumulatively of the controlling interest in the system, affiliate transfers excepted.

Trunk line means the major distribution cable used in cable systems which divides into feeder lines that are tapped for service to subscribers.

Upstream signal means a signal originating from a terminal to another point in the cable television system, including video, audio or digital signals for either programs or other uses such as security alert services, etc.

(Ord. No. 368, § 1-3, 1-14-1999)

Cross reference

Definitions generally, § 1-2.