§ A214-1. Definitions and word usage., Chapter A214. Cable Television Franchise, Appendix, Code of Ordinances, Falls

Definitions. For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein:

AREA OUTAGE: Cable or equipment is damaged, fails or otherwise malfunctions (collectively called "malfunctions"), and a node malfunctions or 15% of the subscribers in the service area affected from that section of cable or that equipment receive unusable or no service as a result of that malfunction.

BASIC SUBSCRIBER TELEVISION SERVICES: A separately available basic service tier to which subscription is required for access to any other tier of service. Such basic service tier shall, at a minimum, consist of the following: all signals carried in fulfillment of the Cable Act, Sections 614 and 615 (47 U.S.C. §§ 534 and 535); any public, educational, and governmental access programming required in this ordinance or the franchise; any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the company.

CABLE ACT or COMMUNICATIONS POLICY ACT: The Communications Act of 1934 (47 U.S.C. §§ 521 through 561), as amended by the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 as it may be amended or succeeded.

CABLE SERVICE: The one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection (or use) of such video programming or other programming service or as otherwise provided by law or regulation.

CABLE TELEVISION SYSTEM or CABLE SYSTEM or 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 which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

CHANNEL: A portion of the electromagnetic frequency spectrum (or any other means of transmission, including, but not limited to optical fibers) which is discretely identified and capable of carrying full motion color video, mono or stereo audio and may include other nonvideo subcarriers and digital information.

COMMERCIAL SUBSCRIBER: 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.

COMPANY: A person who is the recipient of a franchise in accordance with the provisions of this ordinance.

DAYS: Calendar days unless otherwise specified.

DOWNSTREAM TRANSMISSIONS: Signals traveling from the headend to the subscriber's location.

DROP: A connection from feeder cable to the subscriber/user television set, radio or other terminal.

EDUCATIONAL CHANNEL or EDUCATIONAL ACCESS CHANNEL: Any access channel(s) where educational programs on behalf of public, private and nonprofit schools are the only designated use and which is provided at no charge for use. Regulations for the educational access channels shall be established by the Township.

FCC: The Federal Communications Commission.

FRANCHISE: A franchise contract entered into voluntarily by the company containing the specific provisions of the franchise granted and other related material. The franchise granted pursuant to this ordinance grants the nonexclusive and revocable rights to construct, operate and maintain a cable television system along the streets and public grounds within all or a specified area in the Township. 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 Township as required by other ordinances and laws of the Township.

FRANCHISE AREA: The entire Township, or portions thereof, for which a franchise is granted under the authority of this ordinance. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the Township, including all territory thereafter annexed to the Township.

FRANCHISE FEE: The percentage, as specified by this ordinance, of the company's gross revenues from all sources payable in exchange for the rights granted pursuant to this ordinance and the franchise agreement.

GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL: Any channel specifically designated or dedicated for government use and which is provided at no charge.

GROSS ANNUAL REVENUE: Any and all payments made to or compensation received by the company, its affiliates, subsidiaries, parents and any person or entity in which the company or any such affiliate, subsidiary or parent has a financial interest, directly or indirectly, from subscribers, advertisers or other users of the system in connection with the operation of the cable system within the franchise area; excluding any taxes on services furnished by the company imposed directly on any subscriber or user by any governmental unit and collected by the company for such governmental unit, converter deposits, and bad debts. Gross annual revenue shall include, but not be limited to: basic service fees; fees charged for subscribers for any cable tier service; fees charged to subscribers for any per-channel or per-program services; charges for installation, relocation, disconnection, reconnection and change-in-service fees for video or audio programming; rental or sales of any and all equipment; advertising revenues, including international, national, regional, and local advertising received by the area system; commissions received from home shopping channel sales generated in the franchise area; fees for all music services; and franchise fees.

HEADEND: The electronic center through which broadcast and cablecast signals are electronically translated or modified for distribution over cable system.

INTERACTIVE SERVICES: Services based on the transmission of information on the cable system from the subscriber's location to the headend.

PARENT: Any person holding direct or indirect ownership or control of 20% or more of the rights of control of a company, and any person holding such ownership or control of a parent of a company.

PERSON: Any individual, firm, partnership, association, corporation, company or legal entity of any kind.

PLANT MILE: 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: Any channel designated or dedicated for use by the general public or noncommercial organizations which is made available for use without charge.

PUBLIC-RIGHTS-OF-WAY or STREETS or PUBLIC GROUNDS: 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, utility easements or other public right-of-way now or hereafter held by the Township which shall entitle the Township and the company to the use thereof for the purpose of installing and maintaining the company's cable television system. No reference herein, or in any franchise, to the "public rights-of-way, streets or public grounds" shall be deemed to be a representation or guarantee by the Township that its title to any property is sufficient to permit its use for such purpose, and the company shall, by its use of such terms, be deemed to gain only such rights to use property in the Township as the Township may have the undisputed right and power to give.

REASONABLE NOTICE: A written notice addressed to the company at its principal office within the Township or such other office as the company has designated to the Township as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than seven 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 seven days, holidays recognized by the Township shall be excluded.

SALE: Includes any sale, exchange, barter or public offer for sale.

SUBSCRIBER: Any person receiving service from the cable system.

TOWNSHIP: The Township of Falls, Bucks County, Pennsylvania.

TWO-WAY CAPABILITY: The ability to transmit audio, video and digital signals upstream and downstream on the cable system.

UPSTREAM TRANSMISSIONS: Signals traveling from subscriber or other originating points on the cable system to a headend or subheadend.