§ 25-1-101. DEFINITIONS.
(a)
In general. In this article the following words have the meanings indicated.
(b)
Access channel. "Access channel" means a non-commercial channel designated for public, educational, or governmental use without charge by the franchisee.
(c)
Additional services.
(1)
"Additional services" means a communications service that a franchisee provides over its cable system.
(2)
"Additional services" includes:
(i)
Data transmissions;
(ii)
On-line services;
(iii)
Telephone or telephone-related services;
(iv)
Facsimile reproduction;
(v)
Meter reading;
(vi)
Fire and burglar alarm services; and
(vii)
The leasing, licensing, or assignment of cable system property or capacity.
(3)
"Additional services" does not include cable service.
(d)
Basic service tier. "Basic service tier" means the cable service level that includes the retransmission of local television broadcast signals together with any access channels or other elements of the minimum contents required under § 623(b)(7)(a) of the Federal Communications Act of 1934.
(e)
Cable mile. "Cable mile" means a linear mile of cable as measured along a street, right-of-way, or easement for the purpose of determining minimum density threshold.
(f)
Cable service. "Cable service" means:
(1)
The one-way transmission by the franchisee of video programming or other programming services to subscribers; and
(2)
The subscriber interaction that may be required for the selection or use of video programming or other programming services provided by the franchisee.
(g)
Cable system.
(1)
"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 and additional services.
(2)
"Cable system" includes a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Federal Communications Act of 1934 (47 U.S.C. Section 201, et seq.) to the extent the facility is used in transmissions of video programming directly to subscribers.
(3)
"Cable system" does not include:
(i)
A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(ii)
A facility that serves subscribers without using any public right-of-way;
(iii)
An open video system that complies with § 653 of the Federal Communications Act of 1934;
(iv)
A facility of an electric utility used solely for operating its electric utility systems; or
(v)
A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Federal Communications Act of 1934 (47 U.S.C. Section 201, et seq.) to the extent the facility is used in transmissions of video programming directly to subscribers:
1.
For purposes of § 621(c) of the Federal Communications Act of 1934; or
2.
To the extent this use is solely to provide interactive on-demand services.
(h)
Cable system property. "Cable system property" means all equipment and property installed by a franchisee in or along the county's rights-of-way, in accordance with the franchise rights granted to the franchisee under this article for the provision of cable services and additional services.
(i)
Franchise. "Franchise" means the right awarded by the County Council to construct and operate a cable system within the county in accordance with the provisions of this article and applicable law.
(j)
Franchisee. "Franchisee" means a person to whom the County Council awards a franchise.
(k)
Street.
(1)
"Street" means property to which the county has title or an easement and for the use of which the county may grant a franchise under state or county law.
(2)
"Street" includes streets, roads, avenues, highways, parkways, concourses, boulevards, bridges, viaducts, and tunnels.
(l)
Subscriber. "Subscriber" means a purchaser of any service that a franchisee delivers to a dwelling unit, business, trade, or profession.
(1988 Code, § 8-2) (Bill No. 134-97, §§ 1, 2, 12-5-1997; Bill No. 31-03, § 2, 7-1-2004; Bill No. 74-03, § 5, 7-1-2004; Bill No. 17-07, § 2 (part), 3-16-2007)
Editor's note:
Bill No. 17-07 replaced the definition of "residential subscriber" in subsection (k) with the definition of "subscriber." Because the definitions appear in alphabetical order in this section, the editor has moved the definition of "street" to subsection (k), and the definition of "subscriber" to subsection (l) to retain the alphabetical ordering.