27.030 Definitions.

For purposes of this chapter, the following terms, phrases, words and abbreviations shall have the meanings as provided in this section. Terms not defined in this section shall have the same meaning as in the Cable Act or in FCC regulations, and if not defined there, shall have their ordinary and common meanings. Where 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.

Affiliate means a person which owns or controls, is owned or controlled by, or is under common ownership or control with a franchisee.

Basic service means any cable service tier which includes the retransmission of local television broadcast signals.

Cable Act means the Cable Communications Policy Act of 1984, 47 USC 521 et seq., as amended.

Cable ordinance or ordinance shall mean this chapter, as it may be amended.

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

Cable system or system means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment or other communications equipment that is used by a franchisee to provide cable service or any other service now or hereafter authorized. The term includes a cable system as a whole, or any part of a cable system, including but not limited to any electronic devices, poles, guys, converters, remote controls, wires and other appliances and property necessary or appurtenant to the operation of a cable system. Cable system 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 use any street, (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Act, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming, whether on a common carrier or noncommon carrier basis, directly to subscribers, or (d) any facilities of any electric utility used solely for operating its electric utility systems. A reference to a cable system refers to any part thereof, including, without limitation, converters.

City shall mean the City of Manitowoc, Wisconsin, a municipal corporation.

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

Franchise means the right granted by the City through a franchise agreement to a franchisee, subject to the provisions of this cable ordinance, to construct, maintain and operate a cable system under, on and over streets within the franchise area for the purposes set forth herein. The term does not include any license or permit that may be required by applicable laws or regulations for the privilege of transacting and carrying on a business within the City, for disturbing the street, for using municipally owned poles or conduits, or for engaging in any other activity related to the construction, operation or repair of the cable system, such as tree-trimming.

Franchise agreement or agreement means the contract between the City and a franchisee and any amendments, exhibits or appendices hereto.

Franchise area shall mean the corporate boundaries of the City, as altered from time to time.

Franchisee shall mean a person to whom a franchise is granted hereunder.

Grantee shall mean a person to whom a franchise fee is granted hereunder.

Gross revenues shall mean all cash, credits, property of any kind or nature or other consideration derived directly or indirectly from or attributable to the operation of the cable system in the City of Manitowoc to provide cable services. The term includes all revenues derived by the grantee, its subsidiaries, or any other person, firm, partnership or corporation in which the grantee has a financial interest or which has a financial interest in the grantee arising from or attributable to operation of the cable system in the City to provide cable services. The term includes but is not limited to:

(a) Revenue from all charges for cable services provided to subscribers or others, including late fees, downgrading charges and all similar charges;

(b) Revenue to the cable system in whatever form received from advertising of any kind appearing on the cable system;

(c) Revenue from all charges for leased access or use of studios or other facilities;

(d) Revenue from all charges for the installation, connection and reinstatement of equipment;

(e) Revenue from the sale, exchange or cablecast of any programming for any use;

(f) Revenue from the sale of the cable grantee’s subscriber list;

(g) Revenue to the cable system from home shopping channels on the cable system; or

(h) Any other revenues derived from operation of the cable system to provide cable services.

Gross revenues shall not include uncollected billings. Gross revenues shall not include (1) any taxes on services furnished by grantee which are imposed upon any subscriber or user (as opposed to grantee) by the State, County, City or other government unit and which the grantee is required to collect; (2) programming revenues of any affiliate of grantee whose programming is carried on the system where such revenues are paid to said affiliate by the grantee and recovered by the grantee through charges to subscribers that are included in gross revenues; and (3) revenues of any affiliates from the sale of merchandise, including subscriptions to periodicals, as a result of or due to advertising on the system, so long as reasonable and customary advertising revenues or home shopping revenues are imputed to the grantee and included in gross revenues.

Laws and regulations shall mean State, local or Federal ordinances, resolutions, codes, regulations and all other legislative and administrative actions as the same may exist or be hereafter amended.

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

Public right-of-way shall have the same meaning as street.

Street shall mean 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 easement, dedicated strip, or any other public rights-of-way now or hereafter held by the City and dedicated for compatible uses that, consistent with the terms, conditions and provisions pursuant to which the same was created or dedicated, properly may be used by franchisee for the purpose of operating its cable system.

Subscriber means a person or user of the cable system who lawfully receives cable services or other service from the franchisee.

[Prior code § 27.03]