§ 25.3. Definitions.
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning is intended. Words not defined herein shall have the meaning ascribed to them in Title 47, Section 522, of the United States Code, as amended from time to time. Where any inconsistencies may arise, the definition assigned by the United States Code shall be controlling. When not inconsistent with the context, 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. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine gender. The word "shall" is mandatory and not merely directory.
A.
Access Channel means a Channel or Channels the programming of which is provided by groups or members of the public, educational institutions, or the government, and is retransmitted by the Grantee.
B.
Activated Channels means those Channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services are actually provided, including any channel designated for public, educational, or governmental use.
C.
Basic Cable Service means any service tier which includes the retransmission of local television broadcast signals and any equipment or installation used in connection with Basic Cable Service.
D.
Cable Act means the Communications Act of 1934, 47 U.S.C. §§ 151—611, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and including any further amendments made thereto.
E.
Cable Channel or Channel means a band of frequencies in the electromagnetic spectrum, or any other means of transmission (including, without limitation, optical fibers or any other means now available or that may become available), which is capable of carrying a video signal, an audio signal, a voice signal, or a data signal.
F.
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.
G.
Cable Television System or Cable Communications System or System or Cable Television or CATV means any facility, all or a portion of which is located in the City, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide Cable Service to Subscribers, 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 Subscribers without using any Public Way(s);
(3)
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 to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(4)
an open video system that complies with 47 U.S.C. § 573; or
(5)
any facilities of an electric utility used solely for operating its electric utility systems.
H.
City or City of Orlando means the Mayor or the City of Orlando, Florida and the incorporated city limits thereof.
I.
Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations.
J.
Council or City Council means the City Council of the City of Orlando.
K.
Designee means the person or department, chosen by the Mayor to act in matters related to cable television.
L.
Fair Market Value means the price that a willing buyer would pay to a willing seller for ownership of the Cable System determined on the basis of the Cable System valued as a going concern but with no value allocated to the Franchise itself.
M.
Federal Communications Commission or FCC means the present federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress.
N.
Franchise means the non-exclusive rights granted hereunder to construct, operate, maintain, repair and upgrade a Cable Television System in or along the Public Ways in the City, or within specified areas in the City, and is not intended to include any license or permit required for the privilege of transacting and carrying on a business within the City as may be required by other ordinances and laws of the City.
O.
Franchise Agreement means the agreement between the City and the Grantee which shall incorporate the provisions of this Chapter 25, shall evidence the award of a cable television Franchise and the grant of permission for the use and occupancy of the Public Way for the placement, construction, operation, maintenance and repair of a Cable Television System, and shall consist of all other terms and conditions with respect thereto, not inconsistent with the provisions of the Cable Act as the same may be amended from time to time, together with all attachments, appendices, and amendments to such agreement.
P.
Franchise Area means that portion of the City for which a Franchise is granted under the authority of this ordinance. The Franchise Area may be the corporate limits of the City as they may from time to time be redrawn or a portion thereof.
Q.
Grantee means the Person granted a Franchise by the City pursuant to this Chapter who has entered into a Franchise Agreement, including its directors, officers, employees, agents and any lawful and approved successors and assigns.
R.
Gross Revenues means all revenues derived from the operation of a Cable Television System, franchised pursuant to this Chapter 25, by the Grantee, its affiliates, subsidiaries, parents, and any Person in which the Grantee has a financial interest, in order to provide Cable Service; provided, however, that revenues of an affiliate, subsidiary, parent or Person in which Grantee has a financial interest shall not be Gross Revenues to the extent they are derived from direct payments by the Grantee to them in exchange for services used in the operation of the System and represent an operating cost to the Grantee. Gross Revenues include, but are not limited to, revenue earned from (1) subscriber fees for basic service; (2) subscriber fees for any tier of service other than basic service; (3) installation, disconnection and reconnection fees; (4) late fees; (5) leased channel or leased access fees; (6) revenues from converter, remote, modem or other equipment sales or rentals; (7) revenues from advertising; (8) charges for any optional, premium, per-program, per-channel and pay TV services; (9) internet connection and service, data and other electronic transmission service to the extent the Cable Act permits the Grantee to provide such services as Cable Service; (10) home shopping programming and services; (11) interactive or two-way communication services, not including interactive on-demand services, provided through the System for the selection or use of video programming or other programming service; (12) the Grantee's leasing out of fiber optic or coaxial facilities within the Public Way; and (13) any of the foregoing revenues earned by Grantee's parent company, if applicable, which are allocated locally and not already included within the revenues derived from the operation of the System by the Grantee; provided, however, that this shall not include any taxes on services furnished by the Grantee herein imposed directly upon any Subscriber or user by the State, local or other governmental unit and collected by the Grantee on behalf of said governmental unit and shall not include revenues from the sale or rental of promotional items or general merchandise which is not utilized in the System. If the Grantee directly bills Subscribers for amounts to be paid to leased access programmers for the provision of services on the System, then any portion of such amounts billed that is retained by the Grantee shall be considered Gross Revenues. Gross Revenues shall be determined in accordance with Generally Accepted Accounting Principles and include all revenues earned by the Grantee as previously described.
S.
Interactive On-Demand Services means a service providing video programming to Subscribers over switched networks on an on-demand, point-to-point basis, but does not include services providing video programming prescheduled by the programming provider.
T.
Mayor means the Chief Executive Officer of the City of Orlando.
U.
Net Profit means the amount remaining after deducting from Gross Revenues all of the actual, direct and indirect, expenses associated with operating the Cable Television System including the franchise fee, interest, depreciation, and Federal or State income taxes.
V.
Person(s) means an individual, partnership, association, affiliate, company, joint stock company, firm, trust, corporation, government body or other legally recognized entity.
W.
Public Way 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, or other public right-of-way, including public utility easements or rights-of-way, and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City which shall entitle the City and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's Cable Television System.
X.
Schools means all public or private tax-exempt educational institutions, including elementary and secondary schools, community and junior colleges, colleges and universities.
Y.
State-of-the-Art means that level of technical or service performance, capacity and capability (including, but not limited to, plant or other equipment; construction techniques; customer service; facilities, equipment, systems and operations; and performance standards) which has been developed and demonstrated in the cable industry to be workable and economically and technically feasible and viable from time to time throughout the term of the Franchise.
Z.
Subscriber means any Person who receives the regular subscriber service and/or any one or more of such other services as may be provided by the Grantee's Cable Television System and does not further distribute such service(s).
AA.
User means a Person utilizing a System channel or System equipment and facilities for purposes of production and/or transmission of material, as contrasted with receipt thereof in a Subscriber capacity.
(Ord. of 1-7-1985, Doc. #19125; Ord. of 12-20-1993, Doc. #27118; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, §§ 2.1, 2.2, Doc. #33439; Ord. of 8-13-2001, § 4.7, Doc. #34000)