12-17-2 Definitions.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
A. “Basic cable service” means any service tier which includes the retransmission of local television broadcast signals.
B. “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. Sections 521 through 611 (1982 & Supp. V 1987), as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, and as may, from time to time, be amended.
C. “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 or use of such video programming or other programming service.
D. “Cable television system,” “system” or “cable system” means any facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. “Cable television system” does not include:
1. A facility that serves fewer than fifty (50) subscribers.
2. A facility that serves subscribers without using any public street, road or alley.
3. A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations.
4. A facility of a common carrier that is subject, in whole or in part, to 47 U.S.C. Sections 201 through 276, except that the facility is considered a cable television system, other than for purposes of 47 U.S.C. Section 541(c), to the extent the facility is used in the transmission of video programming directly to subscribers, unless the extent of the use is solely to provide interactive on-demand services.
5. An open video system that complies with 47 U.S.C. Section 573.
6. A facility of an electric utility that is used solely for operating its electric utility system.
E. “Channel” or “cable channel” means a portion of the electromagnetic frequency spectrum that is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission.
F. “Council” means the Town Council of the Town of Oro Valley.
G. “FCC” means the Federal Communications Commission, its designated representative or its lawful successor.
H. “License” means an initial authorization, or renewal thereof, issued by the Town, whether such authorization is designated as a license, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
I. “License agreement” means a license granted pursuant to this article, containing the specific provisions of the license granted, including references, specifications, requirements and other related matters.
J. “License fee” means any tax, fee or assessment of any kind imposed by the Town or other governmental entity on a grantee or cable subscriber, or both, solely because of their status as such. The term “license fee” does not include:
1. Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);
2. Capital costs that are required by the license agreement to be incurred by the cable operator for public, educational, or governmental access facilities;
3. Requirements or charges incidental to the awarding or enforcing of the license, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
4. Any fee imposed under Title 17 of the United States Code.
K. “Grantee” means any person receiving a license pursuant to this article and its agents, employees, officers, designees, or any lawful successor, transferee or assignee.
L. “Grantor” or “Town” means the Town of Oro Valley as represented by the Council or any delegate acting within the scope of its jurisdiction.
M. “Gross revenues” means all cash, credits, property of any kind or nature, or other consideration, less related bad debt not to exceed one and one-half percent (1-1/2%) annually, that is received directly or indirectly by the cable operator, its affiliates, subsidiaries or parent or any person, firm or corporation in which the cable operator has a financial interest or that has a financial interest in the cable operator and that is derived from the cable operator’s operation of its cable system to provide cable service in the area of jurisdiction. Gross revenues include all revenue from charges for cable service to subscribers and all charges for installation, removal, connection or reinstatement of equipment necessary for a subscriber to receive cable service, and any other receipts from subscribers derived from operating the cable system to provide cable service, including receipts from forfeited deposits, sale or rental of equipment to provide cable service, late charges, interest and sale of program guides. Gross revenues also include all income the cable operator receives from the lease of its facilities located in the public streets, roads and alleys, unless services that the lessee provides over the leased facilities are subject to a transaction privilege tax of the licensing authority. Gross revenues do not include revenues from commercial advertising on the cable system, the use or lease of studio facilities of the cable system, the use or lease of leased access channels or bandwidth, the production of video programming by the cable operator, the sale, exchange, use or cablecast of any programming by the cable operator in the area of jurisdiction, sales to the cable operator’s subscribers by programmers of home shopping services, reimbursements paid by programmers for launch fees or marketing expense, license fees, taxes or other fees or charges that the cable operator collects and pays to any governmental authority, any increase in the value of any stock, security or asset, or any dividends or other distributions made in respect of any stock or securities.
N. “Initial service area” means the area of the Town that will receive cable service initially, as set forth in any license agreement.
O. “Installation” means the connection of the system to subscribers’ terminals, and the provision of cable service.
P. “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 (1) night per week and/or some weekend hours.
Q. “Normal operating conditions” means those service conditions that are within the control of the grantee. Those conditions that are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions, and significant legislative or regulatory requirements. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, regular peak or seasonal demand periods, and maintenance or upgrade of the system.
R. “Person” means any natural person or any association, firm, individual, partnership, joint stock company, joint venture, trust, corporation, limited liability company, syndicate, business or other legally recognized entity, private or public, whether for-profit or not-for-profit.
S. “Public, educational or government access facilities” or “PEG access facilities” means:
1. Channel capacity designated for public, educational, or governmental use; and
2. Facilities and equipment for the use of such channel capacity.
T. “Section” means any section, subsection, or provision of this article.
U. “Service area” or “license area” means the entire geographic area within the Town as it is now constituted or may in the future be constituted, unless otherwise specified in the license agreement.
V. “Service interruption” means the loss of picture or sound on one (1) or more cable channels affecting at least ten percent (10%) of the Town’s subscribers on the system.
W. “State” means the State of Arizona.
X. “Street” means each of the following that 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 property and areas that the grantor shall permit to be included within the definition of street from time to time.
Y. “Subscriber” means any person who or which lawfully elects to subscribe to, for any purpose, cable service provided by the grantee by means of or in connection with the cable system and who pays the charges therefor, except such persons or entities authorized to receive cable service without charge as described in the license agreement. ((O)07-35, 09/05/2007)