§ 15-41. Definitions.

For the purposes of this article, the following words and phrases are defined as follows:

Basic standard service. The level of service provided to subscribers by grantee over its cable system which includes all programming, except premium movie channels and pay-per-view programming.

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

Community antenna system, cable television system, or cable system. Terms used interchangeably which mean 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, which includes video programming and which is provided to multiple subscribers within the county, except that such definition shall not include: (1) any system which serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way; (2) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (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, 47 U.S.C. section 201 et seq., 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.

Converter. An interface device which may be furnished to subscribers in order that nonstandard television channels carried on a cable system may be received on a conventional home television receiver or to prevent interference from strong broadcast signals.

Fair market value. The price that a willing buyer would pay to a willing seller in an arms-length transaction for a going concern based on the system valuation and sale multiples prevailing in the industry at the time, but with no value allocated to the franchise itself.

Franchise. The nonexclusive rights granted hereunder and in the franchise agreement to construct and operate a cable television system along the public ways in the county, or within specified areas in the county, and which is not intended to include any license or permit required for the privilege of transacting and carrying on a business within the county as may be required by other ordinances of the county.

Franchise agreement. The written agreement entered into directly with a grantee by the county which grants a cable system operator the right to provide cable service in the county.

Gross subscriber revenues. All cash, credits, property of any kind or nature or other consideration received directly or indirectly by a grantee, arising from or attributable to or in any way derived from the operation of the grantee's cable system within the county, as authorized by the franchise agreement between the county and the grantee including, but not limited to, all cable service fees, pay television and pay-per-view fees, leased channel fees, converter rentals or sales, studio rentals and advertising revenues, without any deduction whatsoever, except that gross revenues shall not include converter or other refundable deposits, refunds, rebates and credits, the value of reasonable free service to employees, bad debts or receipts from sales or use taxes or any other tax that a grantee collects on behalf of any taxing authority.

Net profit. 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.

Public 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 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 county, which shall entitle the county and the grantee to the use thereof for the purpose of installing and maintaining the grantee's cable television system.

(Code 1978, § 7-1)

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

(Code 1978, § 7-1)

Cross reference

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