Sec. 5-1. Definitions.
For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word shall is always mandatory and not merely directory. The headings, titles and catchlines of the several sections of this Article are intended for reference or to indicate the contents of the sections, and shall not be taken as part of the substantive agreement of the sections to which they refer.
Access means the availability for noncommercial use by various agencies and institutions in the community, including the Grantor and its designees, of the cable system to acquire, create, receive and/or distribute video, cable services and/or other services and signals as permitted under applicable law, including, but not limited to:
(a) Educational access means access where schools are the primary users having editorial control over programming and services.
(b) Government access means access where governmental institutions or their designees are the primary users having editorial control over programming and services.
Access channel means any channel, or portion thereof, designated for noncommercial access purposes or otherwise made available to facilitate or transmit access programming.
Access cost(s) or access capital cost(s) mean, without limitation, any costs, expense, charge, fee or payment of any kind incurred in any way in connection with the purchase of equipment for the production of, or the provision of, access programming or service of any kind in connection with any capital expenditure related thereto. This definition is intended to be inclusive, not exclusive or limiting, and the Grantor shall determine the usage of access cost payments at its sole discretion.
Affiliated entity or affiliate, when used in connection with the Grantee, means any corporation, person who owns or controls, is owned or controlled by, or is under common ownership or control with, the Grantee, and/or AT&T Broadband and Internet Services, Inc., and any successor corporations.
Basic service means any cable service tier that includes, at a minimum, the retransmission of local television broadcast signals and access programming.
Cable Act means Title VI of the Communications Act of 1934, as amended and codified at 47 U.S.C. § 151, et seq.
Cable operator means any person or group of persons, including the Grantee, who provides cable service over a cable system and directly or through one (1) or more affiliates own a significant interest in such cable system or who otherwise control or are responsible for, through any arrangement, the management and operation of such a cable system.
Cable service(s) means the one-way transmission to subscribers of video programming or other programming services that a cable operator makes available to all subscribers generally, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Any additional services provided over the cable system to subscribers in the franchise area, presently and during the term of this Franchise and any extensions thereof, shall, to the extent permitted by federal law, be considered cable services.
In a declaratory ruling and notice of proposed rulemaking released March 15, 2002, the FCC stated that cable modem service is not a cable service under the Communications Act of 1934, as amended, and initiated a rulemaking to, among other things, examine the State’s and local government’s authority to regulate cable modem service and the scope of the FCC’s jurisdiction to regulate cable modem service. If the FCC’s ruling that cable modem service is not a cable service is modified in a final, nonappealable decision by the FCC or a court of competent jurisdiction to the extent that cable modem service is determined to be within the jurisdiction of a local franchising authority and a cable service, then the definition of cable service shall include cable Internet service.
Cable system means a facility, consisting of a set of closed transmissions 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 (1) or more television broadcast stations;
(b) A facility that serves subscribers without using any public right-of-way;
(c) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Federal Communications Act (47 U.S.C. § 201, et seq.), except that such facility shall be considered a cable system (other than for purposes of Section 621(c) [47 U.S.C. § 541(c)]) to the extent such facility is used in the transmission of video programming directly to subscribers; or
(d) Any facilities of any electric utility used solely for operating its electric utility systems.
Channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and is capable of delivering a television channel, as television channel is defined by the FCC by regulation.
Commercial subscriber means any subscriber other than a residential subscriber.
Connection, with regard to connections to public buildings, means installation of fiber optic or coaxial cable or other cable system-related facility through the outer wall of the building, leaving adequate excess facility to permit further connection to other facilities, plant or cable within the building.
Document or record means written or graphic materials, however produced or reproduced, or any other tangible record necessary to the enforcement or administration of this Franchise.
Downstream channel means a channel capable of carrying a transmission from the headend to remote points on the cable system.
Dwelling unit means any building, or portion thereof, that has independent living facilities, including provisions for cooking, sanitation and sleeping, and that is designed for residential occupancy. Buildings with more than one (1) set of facilities for cooking shall be considered multiple dwelling units unless the additional facilities are clearly accessory.
Facility means any tangible component of the cable system.
FCC means the Federal Communications Commission.
Fiber optic means a transmission medium of optical fiber cable, along with all associated electronics and equipment capable of carrying cable service by means of electric lightwave impulses.
Franchise or agreement means the nonexclusive and revocable initial authorization or renewal thereof for the construction or operation of a cable system such as is granted by this Article and the franchise ordinance codified herein, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, ordinance or otherwise, and subject to all limitations and restrictions contained herein.
Franchise area means the area within the jurisdictional boundaries of the Grantor, including any areas annexed by the Grantor during the term of this franchise.
Franchise fee means any fee or assessment of any kind imposed by a franchising authority or other governmental entity on the Grantee or a cable subscriber, or both, solely because of their status as such. The term franchise fee does not include:
(a) Any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against cable operators or subscribers);
(b) Capital costs which are required under this franchise to be incurred by the Grantee for access facilities;
(c) Requirements or charges incidental to the awarding or enforcing of the franchise, including but not limited to payments for bonds, letters of credit, insurance, indemnification, penalties or liquidated damages; or
(d) Any fee imposed under Title 17, U.S.C.
Grantee means Comcast of Colorado IV, LLC, and any lawful successor, transferee or assignee.
Grantor means the Town of Frederick, Colorado, and the area within the jurisdictional boundaries thereof.
Gross revenues means all amounts received or accrued by the Grantee from the operation of the Grantee’s cable system to provide cable services within the franchise area. Gross revenues shall include, without limitation, all amounts for cable services, including premium and pay-per-view services, and all other revenues received or accrued by the Grantee from the operation of the Grantee’s cable system to provide cable services within the franchise area, including advertising and installation. Gross revenues shall also include any revenue received by any affiliate of the Grantee where such revenue in the ordinary course of business should have been paid to the Grantee in connection with the operation of its cable system within the franchise area. By way of illustration, this definition would include revenue received or accrued from the sale of cable system advertising time by an affiliate of the Grantee. Gross revenues shall not include bad debt, sales taxes, other similar taxes or the access capital provided for in Section 5-9 of this Article, which are collected for direct pass-through to the local, state or federal government.
Headend means any facility for signal reception and dissemination on a cable system.
Leased access channel means any channel or portion of a channel of the cable system available to the public in a manner consistent with 47 U.S.C. § 532 for commercial use for a fee or charge by persons other than the Grantee.
Person means any individual, sole proprietorship, partnership, association or corporation, or any other form of organization and includes any natural person.
Residential services means cable services delivered to single- or multiple-dwelling units, excluding multiple-dwelling units billed on a bulk-billing basis.
Residential subscriber means any subscriber receiving residential services.
School means any accredited public or independent primary and secondary school.
Section means any section, subsection or provision of this franchise, and references to the section(s) shall include each and every subsection(s), and vice versa.
State means the State of Colorado.
Street means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the franchise area: roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property, and areas dedicated for compatible uses, which shall entitle the Grantor and the Grantee to the use thereof for the purposes of installing, operating, repairing and maintaining the cable system. Street shall also mean any easement now or hereafter held by the Grantor 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 Grantor and the Grantee to the use thereof for the purposes of installing, operating and maintaining the Grantee’s cable system and areas that the Grantor shall permit to be included within the definition of street from time to time.
Subscriber means any person who or which elects to subscribe to, for any purpose, cable services provided by the Grantee by means of or in connection with the cable system and whose premises are physically wired and lawfully activated to receive cable services from the Grantee’s cable system.
Town is the Town of Frederick, Colorado, a municipal corporation, and all of the territory within its boundaries, as such may change from time to time.
Tri-Town area means the entire area within the jurisdictional boundaries of the Towns of Firestone and Frederick and the City of Dacono.
Universal service means cable service to all residential subscribers in the franchise area.
Upgrade means an improvement in channel capacity or other technical aspect of cable system capacity.
Year, annual or nnually means the period consisting of a full calendar year, beginning January 1 and ending December 31, unless otherwise provided in this franchise. (Ord. 731 § 1, 2004)