§ 12-140. Terms.

For the purpose of this franchise and regulations, 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 service that includes the retransmission of local broadcast television signals.

Cable Act collectively means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996.

Cable services shall mean:

(1)

The one-way transmission to customers of:

a.

Video programming; or

b.

Other programming service; and

(2)

Customer interaction, if any, which is required for the selection or use of such video programming or other programming service.

Cable system means 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 customers within a community, 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 customers without using any public way;

(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 that such facility shall be considered a cable system (other than for purposes of section 621(c)) to the extent such facility is used in transmission of video programming directly to customers unless the extent of such use is solely to provide interactive on-demand services;

(4)

An open video system that complies with section 653 of title VI of the Communications Act of 1934; or

(5)

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

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

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

Franchise means the initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise, which authorizes construction and operation of the cable system.

Franchising authority means the city, or the lawful successor, transferee, or assignee thereof.

Grantee means Farmers Cooperative Telephone Company, or the lawful successor, transferee, or assignee thereof.

Gross revenues means any revenue received by the grantee from the operation of the cable system to provide cable services in the service area; provided, however, that such phrase shall not include any fees or taxes which are imposed directly or indirectly on any customer thereof by any governmental unit or agency, and which are collected by the grantee on behalf of such governmental unit or 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 and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchising authority in the service area which shall entitle the franchising authority and the grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the cable system. The term "public way" shall also mean any easement now or hereafter held by the franchising authority within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the franchising authority and the grantee to the use thereof for the purposes of installing and operating the grantee's cable system over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the cable system.

Service area means the present municipal boundaries of the franchising authority, and shall include any additions thereto by annexation or other legal means.

(Prior Code, § 157.01)