§ 93-4. Definitions.

Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated:

ACCESS CHANNELS [PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG)]

Any channel on a cable system set aside by the franchisee for public, educational and/or governmental use.

AFFILIATE

Any person who owns or controls, is owned or controlled by or is under common ownership or control with the franchisee.

BASIC SUBSCRIBER TELEVISION SERVICE OR BASIC CABLE SERVICE

Any service tier which includes the retransmission of local broadcast signals, being the lowest cost tier of service provided.

BOARD

The Board of Supervisors of the Township of Skippack.

CABLECAST SIGNAL

A nonbroadcast signal that originates within the facilities of the cable communications system.

CABLE COMMUNICATIONS SYSTEM, CABLE SYSTEM, SYSTEM, CABLE TELEVISION OR CATV

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:

A. 

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

B. 

A facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control or management, unless such facility or facilities is covered within the terms and regulations of the Cable Act.

C. 

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, as amended, except that such facility shall be considered a cable system [other than for purposes of Section 621(c) of the Cable Act] to the extent such facility is used in the transmission of video programming directly to subscribers.

D. 

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

E. 

A facility which provides noncable services (other than those for public, educational and governmental use).

CABLE SERVICE

The one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

CHANNEL

A video channel shall include both the visual and aural carriers and corresponding side bands which constitute the picture and sound of a television program. If at any time during the term of any franchise agreement entered into pursuant to this chapter the bandwidth necessary to deliver a video signal decrease so that a video signal may be delivered on a band of frequencies of less than six Megahertz (MHZ), the channel capacity on the cable system shall be increased accordingly if the Township finds that such increase in channel capacity will not result in a loss of signal quality or will meet any Federal Communications Commission (FCC) signal quality standards that may apply to such signals. A franchisee may establish additional requirements concerning voice and data channels consistent with the franchise agreement in order to ensure technical and operational integrity and compatibility of the system, including switching, provided that they are consistent with the performance standards of this chapter and the franchise agreement.

CLOSED-CIRCUIT OR INSTITUTIONAL SERVICE

Such video, audio, data and other services provided to institutional users on an individual application basis. These may include, but are not limited to, one-way video, two-way video, audio or digital signals among institutions and as may be specified in the franchise to residential subscribers.

COMMERCIAL SUBSCRIBER

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 and who pays the charges therefor.

COMMUNICATIONS POLICY ACT OR CABLE ACT

The Cable Communications Policy Act of 1934, and the Cable Communications Policy Act of 1984 as it may be amended or succeeded, including the Cable Television Consumer Protection and Competition Act of 1992, and/or any amendments.

CONVERTER

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.

DISCRETE CHANNEL

A channel which can only be received by the person and/or institution intended to receive signals on such channel.

DROP

A coaxial connection from feeder cable to the subscriber/user premises in accordance with the Cable Act.

EDUCATIONAL ACCESS CHANNEL

Any channel designated for educational access use.

FAIR MARKET VALUE

The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time, without the assignment of any value to the franchise rights.

FCC

The Federal Communications Commission and any legally appointed successor.

FRANCHISE

The nonexclusive rights granted pursuant to this chapter to construct, operate and maintain a cable communications system along the public ways within all of a specified area in the Township. 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 Township as required by other ordinances and laws of the Township.

FRANCHISE AGREEMENT

A contract entered into between the Township and any franchisee setting forth the specific terms and provisions of the grant of a franchise pursuant to this chapter.

FRANCHISE AREA

The entire Township, or portions thereof, 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 Township, including all territory thereafter annexed to the Township.

FRANCHISEE OR GRANTEE

The natural person(s), partnerships, domestic and foreign organizations, associations, joint venture(s) or organizations of any kind which has been legally granted a franchise by the Township and its lawful successors, transferrees or assignees.

FRANCHISE FEE

The percentage, as specified by the Township, of the franchisee's gross annual revenues from all sources payable in exchange for the rights granted pursuant to this chapter and the franchise agreement. The term "franchise fee" does not include any tax, fee or assessment of general applicability that may be assessed against of franchisee by the Township, including but not limited to a business privilege tax.

GOVERNMENT ACCESS CHANNEL

Any channel specifically designated or dedicated for government access use.

GRANTOR

The Township of Skippack as represented by the Township Board of Supervisors acting within the scope of its jurisdiction.

GROSS ANNUAL REVENUES

Any and all cash, credits, property or other consideration of any kind or nature received annually directly or indirectly by the franchisee, its affiliates, or any person in which the franchisee has a financial interest, or by any other entity that is a cable operator of the system, arising from, attributable to or in any way derived from the operation of the franchisee's cable system, including the studios and other facilities associated therewith. Gross annual revenues include, but are not limited to, monthly fees charged subscribers for any basic, optional, premium, per-channel or per-program service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and administrative fees; fees, payments or other consideration received from programmers for carriage of programming on the system; revenues from converter rentals or sales; studio rental, production equipment and personnel fees; advertising revenues; barter; revenues from program guides; revenues from the sale or carriage of noncable services, including information services; revenues from home shopping and bank-at-home channels; video on demand; and franchise fees. Gross annual revenues shall be the basis for computing the franchise fee under this chapter. Gross annual revenues shall not include any taxes on services furnished by the franchisee which are imposed directly on any subscriber or user by the state, Township or other governmental unit and which are collected by the franchisee on behalf of said governmental unit.

INSIDE WIRING

That portion of the wire installation within and about a premises that is transferable upon purchase in accordance with the Cable Act.

INSTALLATION

The connection of the system from feeder cable to subscriber's terminals.

LEASED ACCESS CHANNEL OR COMMERCIAL ACCESS CHANNEL

Any channel designated or dedicated for use by persons unaffiliated with the grantee at rates in accordance with the Cable Act.

NARROWCASTING

The ability to distribute cable programming to a particular segment or segments of the cable subscribers.

NONCABLE SERVICES

Except as expressly set forth in the franchise agreement, the Township has not granted authority for the provisions of noncable services except public, educational and governmental uses. The Township may grant authority for the provision of noncable services on whatever terms and conditions the Township reasonably determines are appropriate in the circumstances, it being understood and agreed that, at a minimum, in each case, such terms and conditions may include payment to the Township of compensation at rates different from those set forth for franchise fees. The franchisee shall pay to the Township an amount equal to the reasonable costs for the use of the Township's streets to provide noncable services in the franchise area. Payment of such costs and expenses shall not be deemed to be franchise fees within the meaning of the Cable Act, and such payment shall not be deemed to be payments-in-kind or involuntary payments chargeable against the compensation to be paid to the Township by the franchisee as franchise fees or part of the compensation to be paid to the Township by the franchisee as franchise fees.

PAY AUDIO/VIDEO

Any type of audio or audio/video service for which a fee is charged.

PAY PER VIEW

Any channel for which a fee is charged for a single or multiple viewing of a specific program.

PAY TV CHANNEL

Any channel for which a fee is charged for viewing.

PERSON

An individual, partnership, association, organization, corporation or any lawful successor transferee of said individual, partnership, association, organization or corporation.

PUBLIC ACCESS CHANNEL

Any channel designated or dedicated for use by the general public or organizations which is made available for use without charge on a nondiscriminatory basis in accordance with the rules and regulations specified in the franchise agreement.

PUBLIC WAY OR PUBLIC RIGHTS-OF-WAY

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 or hereafter held by the Township which shall entitle the Township and the grantee to the use thereof for the purpose of installing and maintaining the grantee cable television system. No reference herein, or in any franchise, to the public way shall be deemed to be a representation or guaranty by the Township 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 Township as the Township may have the undisputed right and power to give.

REASONABLE NOTICE

Where not elsewhere specified, written notice addressed to the grantee at its principal office within the Township or such other office as the grantee has designated to the Township as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than 10 business days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice, in computing said 10 business days, holidays recognized by the Township shall be excluded.

RESIDENT

Any person residing in the Township as defined by applicable law.

RESIDENTIAL SUBSCRIBER

A subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession and who pays the charges therefor.

SALE

Includes any sale, exchange or barter transaction.

SCHOOL

Any public or nonprofit education institution including primary and secondary school, colleges and universities, both public and private.

SUBSCRIBER

Any person who legally receives cable services and/or noncable services (to the extent franchisee is authorized to provide noncable services).

STATE

The Commonwealth of Pennsylvania.

SYSTEM FACILITIES OR FACILITIES

Cable communications system equipment used by the franchisee to provide services in the franchise area; provided, however, that such system facility excludes buildings, contracts, facilities and equipment whose primary use is for providing service to other system facilities located outside the Township limits.

TIER

Any level of service having one or more channels offered as a program service or group of services.

TOWNSHIP

The Township of Skippack, Skippack, Pennsylvania.

TRANSFER

Any transaction in which an ownership or other interest in a franchise, its cable system or of any person that is a cable operator of the cable system is transferred from one person or group of persons to another person or group of persons so that control or controlling interest of the franchisee is transferred; or the rights and/or obligations held by the franchisee under a franchise agreement are transferred or assigned to another person or group of persons. "Control" or "controlling interest" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of a system, a franchise or a franchisee. A rebuttable presumption of the existence of control or a controlling interest may arise from the beneficial ownership, directly or indirectly, by any person or group of persons acting in concert (other than underwriters during the period in which they are offering securities to the public) of 5% or more of any person (which person or group of persons is hereinafter referred to as "controlling person"). Control or controlling interest as used herein may be held simultaneously by more than one person or group of persons.

TRUNK LINE

The major distribution cable used in cable communications which divides into feeder lines which are tapped for service to subscribers.

USER

A person or organization utilizing channel or equipment and facilities for purpose of producing and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.

Amended 3-8-2006 by Ord. No. 298