§ 4.16.02. Definitions.

For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning defined herein, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.

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

Cable television system means any non-broadcast facility consisting of a set of transmission paths and associated signal reception, transmission and control equipment, that is designed to distribute to subscribers or other users audio, video and other forms of communications services via electronic or electrical signals.

Channel is a band of frequencies in the electromagnetic specimen, capable of carrying one audio-visual television signal.

City means [the city of] Bryant, Arkansas in its present form or in any later reorganized, consolidated, enlarged or reincorporated form, which is legally authorized to grant a cable television franchise under state and federal law. The city may also be referred to as "franchising authority" or "grantor".

Falcon means Falcon Cable Media, which may also be referred to as "grantee".

FCC means the Federal Communications Commission.

Franchise means the rights granted pursuant to this chapter to construct, own and operate a cable television system along the public ways in the city, or within specified areas in the city.

Franchise area means that portion of the city for which a franchise is granted under the authority of this chapter. If not otherwise stated in an exhibit to the ordinance from which this chapter is derived, the franchise area shall be the legal and geographic limits of the city, including all territory which may be hereafter annexed to the city.

Franchising authority means the city, its duly elected governing body, its lawful successor or such other person or body duly authorized by the city to grant a cable television franchise.

Grantee means a person or business entity, or its lawful successor or assignee, which has been granted a franchise by the city pursuant to this chapter.

Gross subscriber receipts as the term is used in calculating franchise fees means revenues actually received by the grantee from television services it provides to its subscribers in the city after deducting the following:

A.

Any fees or assessments levied on subscribers or users of the system which are collected by the grantee for payment to a governmental entity;

B.

Franchise fees paid by the grantee to the city;

C.

State or local sales or property taxes imposed on the grantee and paid to a governmental entity; and

D.

Federal copyright fees paid by the grantee to the copyright tribunal in Washington, DC.

Normal business hours means those hours during which most similar businesses in the community are open to serve customers.

Normal operating conditions means those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

Public way or right-of-way means 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, bridge, tunnel, park, parkways, waterways, 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 city which shall entitle the city and the grantee to the use thereof for the purpose of installing and maintaining the grantee's cable television system.

School means any public elementary or secondary school.

Service interruption means the loss of picture or sound on one or more cable channels.

Subscriber means any person who receives monthly cable television service provided by the grantee's cable television system.

( Ord. No. 99-13, § 2 )