§ 12-78. Terms.

For the purpose of this franchise, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number:

Basic cable is the lowest priced tier of cable service that includes the retransmission of local broadcast television signals.

Cable Act means title VI of the Communications Act of 1934, as amended.

Cable services means:

(1)

The one-way transmission to subscribers of:

a.

Video programming; or

b.

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.

Cable system means the grantee's 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 service area.

FCC means Federal Communications Commission, or successor governmental entity thereto.

Franchising authority means the city.

Grantee means MCC Iowa, LLC, or the lawful successor, transferee, or assignee thereof.

Gross revenue means any revenues from the operation of the cable system to provide basic cable services in the service area received by the grantee from subscribers; provided, however, that gross revenues shall not include franchise fees, the FCC user fee or any tax, fee or assessment of general applicability collected by the grantee from subscribers for pass-through to a government agency.

Person means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity.

Public way means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses now or hereafter held by the franchising authority in the service area which shall entitle the grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the cable system.

Service area means the present boundaries of the franchising authority, and shall include any additions thereto by annexation or other legal means, subject to the exceptions in subsection 12-80.

Standard installation means 125 feet from the nearest tap to the subscriber's terminal.

Subscriber means a person who lawfully receives cable service of the cable system with the grantee's express permission.

(Prior Code, § 155.01)