For the purposes of this Ordinance, the following terms, phrases, words, abbreviations 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, and vice versa. The word "shall" is always mandatory and not merely directory.
2.1 “Access” or “Access Cablecasting”: Cablecasting on the Cable System’s access channels for the following purposes: (i) non-commercial and non-discriminatory use by the public; (ii) carriage of non-commercial educational programs or information; and (iii) non-commercial use for governmental purposes in accordance with the Cable Act.
2.2 “Access Channel(s)”: A video channel(s) which the Cable Operator shall make available to the Town of Sebago, without charge, for the purpose of transmitting programming by/for members of the public, Town departments, boards and agencies, public schools, educational, institutional, non-profit and similar organizations in accordance with the Cable Act.
2.3~ “Affiliate” or “Affiliated Person”: An entity that owns or controls is owned or controlled by, or is under common ownership with a Cable Operator.
2.4~ “Alphanumeric”: Consisting of a combination of letters and numbers, used in reference to keyboards permitting communication in such form and in reference to Channels or Programs transmitting information in such form.
2.5~ “Area Outage”: An area outage occurs when cable or equipment is damaged, fails or otherwise malfunctions (collectively called malfunctions”), and ten or more Subscribers receiving services from that section of cable or that equipment receive unusable or no service as a result of that malfunction.
2.6~ “Basic Service”: The minimum service transmitted to all Subscribers which includes, at a minimum, (1) all signals of domestic television broadcast stations entitled to “must carry” status under FCC rules, (2) any Public, Educational and Governmental programming required by a Franchise Agreement to be carried on the basic tier, and (3) any additional video programming signals added to the basic tier by the Cable Operator in its sole discretion.
2.7 “Broadcast”: Over-the-air transmission by a television station.
2.8~ “Cable Act”: The Cable Communications Policy and Communications Act of 1984, as amended by the Cable Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, and as further amended.
2.9~ “Cablecast”: Programming (exclusive of broadcast signals) carried on the Cable System.
2.10 “Cable Programming Service”: Any video programming provided over a Cable System, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than (1) video programming carried on the Basic Service tier, and (2) video programming offered on a pay-per-channel or pay-per-program basis.
2.11 “Cable Service”: The one-way transmission to Subscribers of video programming or other programming services, together with Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services.
2.12 “Cable Operator”: Any Person or Persons owning, controlling, operating, managing or leasing a Cable System within the Town, pursuant to this Ordinance, and pursuant to any Franchise granted to it by the Town. This term shall include any lawful successor(s) to the interest of such Person or Persons where consent to such successor(s) is approved under the provisions of this Ordinance and under any applicable terms of a Franchise Agreement entered into pursuant to this Ordinance.
2.13 “Cable System”: 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 other services to Subscribers as defined in the Cable Act.
2.14 “Channel” or “Video Channel”: A portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel (as defined by the FCC by regulation).
2.15 “Completion of Construction”: That point when the Cable Operator has provided written documentation to the Grantor that a Cable System serving Sebago has been fully upgraded in accordance with any applicable requirements of this Ordinance and a Franchise Agreement, and service has been made available to Subscribers and potential Subscribers pursuant to the Franchise Agreement.
2.16 “Converter”: A special tuner or device attached to the Subscriber’s television set which expands reception capacity and/or unscrambles coded signals distributed over the Cable System.
2.17 “Downstream Channel”: A Channel over which signals travel from the Cable System Headend or Subheadend to an authorized recipient of programming.
2.18 “Downstream Transmissions”: Signals traveling from a Cable System distribution point to an authorized location.
2.19 “Drop” or “Cable Drop”: The interconnection between each home or building and the feeder line of the Cable System.
2.20 “FCC”: The Federal Communications Commission or any successor agency.
2.21 “Grantor”: The Town of Sebago.
2.22 “Feeder Cable”: The cable, connected to trunk cable, from which cable television signal service is distributed to Subscribers, as distinguished from trunk cable (which distributes cable television service throughout the Franchise area) and drop cable.
2.23 “Franchise Authority”: The Board of Selectmen of the Town of Sebago.
2.24 “Franchise”: The right, privilege and franchise to construct, operate and maintain a Cable System, and appurtenances or parts thereof, in the Streets, roads, alleys, and other Public Ways of the Town.
2.25 “Gross Annual Revenues”: Any and all payments made to or compensation received by a Cable Operator from Subscribers, advertisers or other users of the Cable System in connection with the operation of the Cable System to provide Cable Service within the municipality, including but not limited to revenues from Subscribers or users in payment for programs or signals received and/or transmitted, pay and subscription TV, fees paid for pay and/or pay-per-view services, charges for installation, connection, disconnection, reinstatement, downgrade, upgrade and any other similar fees, fees paid for Channels designated for commercial use, advertising~ revenue less agency fees, all home-shopping service(s) revenues, rentals of Local Origination facilities, rentals of converter boxes, remote control
units and other equipment, revenues from Channel leasing, and any other revenues derived from the provision of Cable Service in Sebago. Gross revenues shall not include revenues received from cable modem service except to the extent that, during the term of this Franchise Agreement, federal law is amended, or interpreted by the FCC or a court of competent jurisdiction, to permit local franchise authorities to collect franchise fees on revenues a Cable Operator or its affiliate collects for the provision of cable modem service in Sebago, and in the event of a court interpretation, such interpretation is final. In such an event, unless otherwise agreed to by the Town and the Cable Operator in writing, beginning sixty (60) days after the effective date of such amendment or interpretation, Gross Annual Revenues shall include such revenues related to cable modem service. In the event that an Affiliate is responsible for advertising, advertising revenues shall be deemed to be the
pro-rata portion of advertising revenues paid to the Cable System by an Affiliate for said Affiliate’s use of the Cable System for the carriage of advertising. In computing amounts due to the Town with respect to advertising revenue and other revenue not specifically attributable to residents of Sebago, such revenue shall be attributed to the Town on the basis of the number of Cable System Subscribers in Sebago as a percentage of the total number of Subscribers served by the Cable System which serves Sebago and other communities, using, for Sebago Subscribers and total system Subscribers, respectively, the average numbers of Subscribers for the period for which payment is made. Gross revenues shall include those revenues of a Parent, Subsidiary or affiliate of a Cable Operator to the extent such revenues are attributable to the operation of the Cable System to provide Cable Service in Sebago. Gross Annual Revenues shall not include security deposits paid to the Cable Operator
by Subscribers, refunds and credits or any taxes, other than franchise fees, imposed on the services furnished by the Cable Operator which are imposed on the Subscriber or user by the local or any other governmental unit and collected by the Cable Operator on behalf of that governmental unit.
2.26 “Headend”: The electronic center through which broadcast and cablecast signals are electronically translated or modified for distribution over the Cable System.
2.27 “Leased Channel” or “Leased Access”: A video and/or audio or data Channel which the Cable Operator shall make available pursuant to Section 612 of the Cable Act.
2.28 “Local Origination”: Local programming produced by the Cable Operator.
2.29 “Other Programming Service”: Services that a Cable Operator may make available to all Subscribers generally.
2.30 “Outlet”: An interior cable connection that connects a Subscriber or User to the Cable System.
2.31 “Parent”: When used in reference to a Cable Operator, any Person holding direct or indirect ownership or control of twenty percent (20%) or more of the rights of control of the Cable Operator; and any Person holding such ownership or control of a Parent to the Cable Operator.
2.32 “Pay Cable” or “Premium Service”: Optional additional Program services, provided to Subscribers at a monthly charge in addition to the charge for Basic Service.
2.33 “Pay-Per-View”: Programming delivered for a fee or charge to Subscribers on a per-program or time basis, in addition to the charge or fee to Subscribers for Basic Service, or for such other service tier required by applicable law.
2.34 “PEG”: The acronym for Public, Educational and Governmental, used in conjunction with Access Channels, support and facilities.
2.35 “Person”: Any corporation, partnership, limited partnership, association, trust, organization, other business entity, individual or group of individuals acting in concert.
2.36 “Video Programming”: Programming provided by, or generally considered comparable to Programming provided by, a television broadcast station.
2.37 “Signal”: Any transmission of electromagnetic or optical energy that carries Cable Services from one location to another.
2.38 “State”: The State of Maine.
2.39 “Street” or “Public Way”: The surface of, and the space above and below, any public Street, highway, 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 utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the Grantor in the Town which shall entitle the Cable Operator to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable System. “Street” or “Public Way” shall also mean any easement now or hereafter held by the Grantor within the Town for the purpose of public
travel, or for utility or public service use dedicated for public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the Cable Operator to the use thereof for the purposes of installing or transmitting the Cable Operator’s Cable Service or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the Cable System. Reference herein to “Public Way” or “Street” shall not be construed to be a representation or guarantee by the Grantor that its property rights are sufficient to permit its use for any purpose, or that the Grantor shall gain or be permitted to exercise any rights to use property in the Town greater than those already possessed by the Town.
2.40 “Subheadend”: A signed distribution point for part of the Cable System linked to the Headend by fiber optic cable, coaxial supertrunk or microwave, and also referred to as a “Hub.”
2.41 “Subscriber”: Any Person or user of the Cable System who lawfully receives Cable Services from the Cable System with the Cable Operator’s express permission.
2.42 “Town”: The Town of Sebago organized and existing under the laws of the State of Maine and all territory within its existing and future territorial corporate limits.
2.43 “Two-way Capability”: The ability to transmit audio and video signals upstream and downstream on the Cable System.
2.44 “Upstream Channel”: A Channel over which signals travel from an authorized location to a Cable System distribution point.
2.45 “Upstream Transmissions”: Signals traveling from Subscribers or other originating points on the Cable System to a cable distribution point.