For the purposes of this Chapter 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 number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(1) "City" shall mean Layton City, State of Utah and all the territory within its present municipal boundaries and shall include any additions thereto by annexation or other legal means.
(2) "Basic Cable" is the lowest price tier of service that includes the retransmission of local broadcast television signals and the cablecasting of Public, Educational, and Government access channels.
(3) "Cable Act" collectively means the Cable Communications Policy Act of 1984 (Public Law No. 98-549, 47 U.S.C. 151 et. seq.) and the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996.
(4) "Cable Services" shall mean (a) the one way transmission to Subscriber of (i) video programming, or (ii) other programming service, and (b) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
(5) "Cable Communications System", "System", or "Systems", also referred to as "Cable Television System", "Cable System", "CATV System", or "Community Antenna TV System", shall have the same meaning specified for "Cable System" in the Cable Act. Unless otherwise specified it shall in this document refer to the Cable System constructed and operated in the Service Area under this Chapter.
(6) "Channel" or "Cable Channel" means a portion of the frequency band capable of carrying a Video Programming Service or combination of a Video Programming Service on a twenty-four (24) hour per day basis.
(7) "Franchise" shall mean the right granted to the Grantee by which the City authorizes the Grantee to erect, construct, reconstruct, operate, dismantle, test, use, and maintain a Cable Communications System in the City. The Franchise awarded is a nonexclusive Franchise.
(8) "Grantee" shall mean Wasatch Community T.V., Incorporated and UACC Midwest, Inc., its agents, employees, lawful successors, transferees, or assignees.
(9) "Grantor" means the City.
(10) "Franchise Fees" means any tax, fee or assessment of any kind imposed by the City or other government entity on the Grantee or 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 cable subscribers);
(b) Capital costs which are required by the Franchise to be incurred by Grantee for public, educational, and governmental access facilities; provided that the Grantee is able to pass such costs directly through to the Subscriber;
(c) Requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
(d) Any fee imposed under Title 17, United States Code.
(11) "Gross Revenues" shall mean all cash, credits, property of any kind or nature, or other consideration received directly or indirectly by the Grantee, arising from or attributable to operation of the Cable Television System to provide Cable Services in the City, including but not limited to:
(a) Revenue from all charges for Cable Services provided to Subscriber;
(b) Revenue from all charges for the insertion of local commercial advertisements upon the Cable System, excluding revenue derived from the production of local commercial advertisements;
(c) Revenue from all charges for leased access fees;
(d) Revenue from all charges for the installation, connection, and reinstatement of equipment necessary for the utilization of the Cable System to provide Cable Service;
(e) The sale, exchange or use or cable cast of any programming developed for community use or institutional users for use on the Cable System to provide Cable Service;
(f) Revenue from all regularly and non-regularly occurring charges attributable to the Cable Television System to provide Cable Service; and
(g) Revenue received by the Grantee as the Grantee's pro rata portion of any revenues on a Subscriber basis derived from any other person or source arising from or attributable to Grantee's operation of the Cable System to provide Cable Service in the City to which the City is authorized to apply a Franchise Fee under Federal or State law as it may exist from time to time during the term of the Franchise.
(12) "Gross Revenues" shall include, value at retail price levels, the value of any goods, services, or other remuneration in non-monetary form, received by the Grantee in consideration for performance by the Grantee of any local advertising or other service provided by the Grantee in connection with the Cable Television System to provide Cable Service in the City.
(13) "Institutional Network" means a communication network which is constructed or operated by the Cable Operator and which is generally available only to Subscribers who are not Residential Subscribers.
(14) "Leased Access" shall mean the use on a fee-for-service basis of the Cable Television System by business enterprises (whether profit, nonprofit, or governmental) to render services to the citizens of the City and shall include without limitation all use pursuant to Section 612 of the Cable Communications Policy Act of 1984 (47 U.S.C. 521 et. seq.) and the Cable Television Consumer Protection and Competition Act of 1992, as amended.
(15) "Person" means any individual, corporation, partnership, association, joint venture, or organization of any kind and the lawful trustee, successor, assignee, transferee, or personal representative thereof.
(16) "Service Area" means the present municipal boundaries of the Grantor, and all include any additions thereto by annexation or other legal-means.
(17) "Subscriber" means any person who legally receives any one or more of the services provided by the Cable Communications System.
(18) "Street" shall mean the surface of and the space above and below any public street, road, highway, easement, lane, path, alley, court sidewalk, parkway, rights-of-way, or driveway now or hereafter existing as such within the City and over which the City has jurisdiction.
(19) "Video Programming Services" means programming which is visually and audibly comparable to programming provided by a television broadcast station.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999