§ 34-2. Definitions.

For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein.

Access cablecasting means that form of cablecasting wherein the production and content of the programming is under the control of a party other than a grantee, and wherein such programming is carried on certain channels dedicated for the use of individuals and groups within the city, subject to the provisions of the franchise, any related agreements between the city and the grantee, and any agreements between the city and the designated access channel users.

Alphanumeric means consisting of a combination of letters, numbers or other symbols, used in reference to electronic systems capable of generating messages in such form and in reference to channels or programs transmitting information in such form.

Basic service means, unless otherwise defined by the Cable Act or other laws or regulations of the United States of America, all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station,, regardless of how such signal is ultimately received by the cable system), any public, educational, and governmental programming required to be carried on the basic tier, and any additional video programming signals and services added to the basic tier by a grantee.

Broadcast means over-the-air transmission of a television or other radio frequency signal.

Cable Act means the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992) and the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984), which amend the Communications Act of 1934, and as hereafter amended.

Cablecast means transmission of a non-broadcast video, broadcast video, or other radio frequency signal through a cable system.

Cable service means the one-way or two-way transmission to subscribers of video programming or video, voice, data or other service as may be developed, including subscriber interaction. Cable service shall not include telephone services as defined and regulated by Georgia law.

Cable system or cable communications 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 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 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 uses 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 Communications Act of 1934, as it may be amended, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of said Communications Act of 1934, as it may be amended) to the extent such facility is used in the transmission of cable service directly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility systems.

Cable system facilities means the cable communications system constructed for use within the city, including without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems, equipment or facilities located within or without the corporate limits of the city designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio, radio, television and electronic signals, and video, voice, and data to and from subscribers, in the city and any other equipment or facilities located within the corporate limits of the city intended for the use of the cable communications system; provided, however, such cable system facilities excludes building, contractual sites, facilities, and equipment where its sole use is for providing service to other cable system facilities located outside the city limits.

Closed-circuit or institutional service means such video, audio, data and other services provided to institutional users. These may include, but are not limited to, one-way video, two-way video, audio or digital signals transmitted among institutions and/or to residential subscribers.

Commercial subscriber means a subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade, or profession.

Complaint means a verbal or written indication from a subscriber of a problem with any aspect of cable service provided by grantee.

Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control.

Council means the governing authority of the City of Atlanta, i.e., the city council.

Days means calendar days unless otherwise specified.

Discrete channel means a channel which can only be received by the person and/or institution intended to receive signals on such channel.

DROP means a service connection from feeder cable to the subscriber/user television set, radio or other terminal.

Educational access channel means any channel designated for educational use and which is provided by the grantee to the city at no charge to the city or the programmers of the channel.

Fair market value means the price that a willing buyer would pay to a willing seller for a going concern based on the cable system valuation prevailing in the industry at the time.

FCC means the Federal Communications Commission (the federal regulatory agency having jurisdiction on the effective date of this chapter) or such other federal regulatory agency as may have jurisdiction at any time during the term of any Franchise, or any extension thereto, granted pursuant to this chapter.

Franchise means a franchise contract entered into by the grantee, containing the specific provisions of the franchise granted, including referenced specifications, franchise proposal, applications and other related material. Franchises granted pursuant to this chapter shall grant nonexclusive rights to construct, operate and maintain cable communications systems along the streets and public grounds within all or a specified area in the city. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of the city.

Franchise area means the entire city, or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the city, including all territory thereafter annexed to the city.

Franchise fee means the percentage, as specified by this chapter and the franchise, of the grantee's gross revenues.

Franchisee or grantee means any natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s), or organization(s) of any kind which has been legally granted a franchise by the city.

Government channel or government access channel means any channel specifically designated or dedicated for government use and which is provided to the city by the grantee at no charge to the city or the programmers of the channel.

Gross revenues means all revenues received from subscribers for the provision of cable service or video service, including franchise fees for cable service providers and video service providers, and advertising and home shopping services revenues and shall be determined in accordance with generally accepted accounting principles. Gross revenues shall not include:

(1)

Amounts billed and collected as a line item on the subscriber's bill to recover any taxes, surcharges, or governmental fees that are imposed on or with respect to the services provided or measured by the charges, receipts, or payments therefore; provided, however, that for purposes of this Code section, such tax, surcharge, or governmental fee shall not include any ad valorem taxes, net income taxes, or generally applicable business or occupation taxes not measured exclusively as a percentage of the charges, receipts, or payments for services;

(2)

Any revenue, such as bad debt, not actually received, even if billed;

(3)

Any revenue received by any affiliate or any other person in exchange for supplying goods or services used by the provider to provide cable service or video programming;

(4)

Any amounts attributable to refunds, rebates, or discounts;

(5)

Any revenue from services provided over the network that are associated with or classified as noncable or nonvideo services under federal law, including, without limitation, revenues received from telecommunications services, information services other than cable service or video service, Internet access services, or directory or Internet advertising revenue, including, without limitation, yellow pages, white pages, banner advertisements, and electronic publishing advertising. Where the sale of any such noncable or nonvideo service is bundled with the sale of one or more cable services or video services and sold for a single nonitemized price, the term "gross revenues" shall include only those revenues that are attributable to cable service or video service based on the provider's books and records; such revenues shall be allocated in a manner consistent with generally accepted accounting principles;

(6)

Any revenue from late fees not initially booked as revenues, returned check fees, or interest;

(7)

Any revenue from sales or rental of property, except such property as the subscriber shall be required to buy or rent exclusively from the cable service provider or video service provider to receive cable service or video service;

(8)

Any revenue received from providing or maintaining inside wiring;

(9)

Any revenue from sales for resale with respect to which the purchaser shall be required to pay a franchise fee, provided the purchaser certifies in writing that it shall resell the service and pay a franchise fee with respect thereto; or

(10)

Any amounts attributable to a reimbursement of costs including, but not limited to, the reimbursements by programmers of marketing costs incurred for the promotion or introduction of video programming.

Installation means the connection of the cable system from feeder cable to the point of interconnection with subscriber-owned facilities.

Leased access channel means any channel designated or dedicated for use by persons unaffiliated with the grantee, at rates in accordance with the Cable Act.

Mayor means the Mayor of the City of Atlanta, Georgia, or his or her designee.

Non-cable service means any service which is distributed over the cable system other than a cable service.

Normal business hours means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours.

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 cable operator 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 cable operator 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.

Pay cable or premium service means those certain optional, video program services in addition to cable programming service, offered by a grantee at an additional charge beyond the monthly charge for each grantee basic service tier and equipment.

Plant mile means a linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.

Public access channel, community access channel or community channel means any channel designated or dedicated for use by the general public or noncommercial organizations which is provided to the city by the grantee at no charge to the city or the programmers of the channel.

Public-rights-of-way or streets and public grounds 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, utility easements or other public right-of-way 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 communications system. No reference herein, or in any franchise, to the "streets and public grounds" shall be deemed to be a representation or guarantee by the city that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the city as the city may have the undisputed right and power to give.

Reasonable notice shall be a written notice received by the grantee at its principal office within the city or such other office as the grantee has designated to the city as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than ten days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said ten days, holidays recognized by the city shall be excluded.

Renegotiation means the right of a party to a franchise executed pursuant to this chapter to require the other party thereto to discuss and consider in good faith a proposal for a modification of a franchise, it being understood that unless and until the parties agree to a modification, their agreement shall remain in full force and effect.

Residential subscriber means a subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.

Sale shall include any sale, exchange, barter or offer for sale.

Service means any cable service or non-cable service, including any basic service, or any other service, whether or not originated by a grantee which is offered to any subscriber in conjunction with, or distributed over the cable system.

Service area means the entire geographic area within the franchise territory.

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

Service related activity means any activity or function associated with the production or distribution of any service over the cable system, including without limitation, use of studio or other facilities or equipment, billing, audience promotion, or installation or lease of equipment.

State means the State of Georgia.

Subscriber means any person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, a service provided by the grantee in the operation of a cable communications system.

Upstream signal means a signal originating from a terminal to another point in the cable communications system including video, audio or digital signals for either programs or other uses such as security alert services, etc.

VTR/VCR service means that service which makes available a second converter and necessary equipment to provide subscribers with the ability to record programming from one converter while viewing programming from the second converter.

(Ord. No. 2009-51.1(94-O-1777), § 2.0, 11-28-94; Ord. No. 2009-51(09-O-1222), § 1, 9-11-09)