§ 1-10-162. Definitions.

The following terms and phrases, as used in this article, shall be given the meanings set forth in this section:

Affiliate means (when used in relation to any person) another person who owns or controls, is controlled by, or under common ownership or control with such person.

Assignment means any transfer or change of a franchise, in whole or in part, whether by sale, assignment, lease, merger, or any other form of alienation which results in a change in the operational or managerial control of the cable system.

Board means the board of county commissioners of Charlotte County, Florida, or its designated representative.

Cable Act means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection Act of 1992, as amended by the Telecommunications Act of 1996, all of which are amendments to the Communications Act of 1934.

Cable channel means a portion of the electromagnetic or light frequency spectrum used in a cable system which is capable of delivering a television channel (as "television channels" is defined by the FCC by regulation).

Cable operator means any person or group of persons who:

(a)

Provides cable television service over a cable system and, directly or through one (1) or more affiliates, owns a significant interest in such cable system; or

(b)

Otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

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 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 subscribers within the county. However, such terms do not include the following:

(a)

A facility that serves only to retransmit the television signals of one (1) or more broadcast stations; or

(b)

A facility that serves subscribers without using any public rights-of-way; or

(c)

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) of the Cable Act—codified as 47 USC 5410 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.

Cancellation means an official act by the board/franchising authority that removes, repeals, or rescinds previously approved authorization for a licensed or franchised cable operator to construct, operate, and maintain a cable system within the county.

Commercially impracticable means, with respect to any requirement applicable to a franchised cable operator, that it is commercially impracticable for such a franchised cable operator to comply with such requirement as a result of a change in conditions which is beyond the control of such a franchised cable operator, the nonoccurrence of which was a basic assumption upon which the requirement was based.

County means Charlotte County, Florida, a political subdivision of the State of Florida.

Customer means a subscriber or user of the services and/or facilities of the cable system provided by a franchised cable operator.

FCC means the Federal Communications Commission and/or such other Federal regulatory agency as now or in the future may have jurisdiction to oversee franchised cable operators.

Franchise means the initial authorization or subsequent renewal granted by the county in order for a person to construct, operate, and/or maintain a franchised cable system in all, or part, of the county.

Franchise agreement means the separate resolution or contract by which the county grants a franchised cable operator the right to construct, operate, and maintain a franchised cable system within all, or part, of the county.

Franchise area means all of the unincorporated area of Charlotte County, Florida.

Franchise expiration means the date of expiration or the end of a franchised cable operators franchise.

Franchise extension means a mutually agreed upon continuation of an existing franchise agreement between the franchised cable operator and the franchising authority.

Franchise fee means a tax or charge that the county requires as payment for the grant of a cable franchise to a franchised cable operator for the purpose of constructing, operating, and maintaining a cable system within the county.

Franchising authority means the board of county commissioners of Charlotte County, Florida.

Gross revenue means, for any period, any and all revenues which are derived from the operation of a cable system to provide cable service within the franchise area, such as monthly service charges, installation charges, advertising sold through the local cable system, disconnect and reconnect fees, fees derived from access and origination channels, Pay-Per-View, leased channels, premium channels, pay television, and other equipment and services provided to subscribers by the cable system. In no event shall "gross revenue" include any revenues classified as "noncable service revenue under federal or state law. In addition, "gross revenue" does not include uncollected bad debt or any excise, sales, or other taxes imposed and/or assessed by law on a subscriber (such as state sales taxes), which a franchised cable operator collects and pays to the applicable authorities.

Non-renewal means an official act by the board/franchising authority that neither extends nor renews an existing franchise that a franchised cable operator has with the county, thereby ceasing the ability and the authority of the franchised cable operator to operate a cable system and/or provide cable service within the county.

Article means County Article No. 84-23, as codified in County Code Chapter 1-10, Article VI, as amended, all of which form an overall regulatory policy for franchised cable operators providing cable service within the county.

Other programming service means information that a franchised cable operator makes available to all subscribers generally.

Revocation means an official act by the board/franchising authority that removes, repeals, or rescinds previously approved authorization for a licensed or franchised cable operator to construct, operate, and maintain a cable system within the county.

Service outage for purposes of credit means the loss of picture or sound on all channels that a subscriber receives.

State means the State of Florida.

Subscriber means a person lawfully receiving cable service delivered by a franchised cable operator.

Termination means an official act by the board/franchising authority that removes, repeals, or rescinds previously approved authorization for a licensed or franchised cable operator to construct, operate, and maintain a cable system within the county.

Unsolicited cable service means cable service that was not affirmatively requested by, or subscribed to, by a subscriber.

USC means United States Code.

Video programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

(Ord. No. 97-023, § 1, 4-22-97)