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 Winter Park
 Code of Ordinances
 Chapter 30. CABLE COMMUNICATIONS
 Article I. IN GENERAL

  § 30-2. Definitions.  

Latest version.

  • The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Basic cable service shall mean any service tier which includes the retransmission of local television broadcast signals.

    Cable communications system or system, also referred to as cable television system, cable system, CATV system or community antenna TV 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 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 subscribers without using 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 Federal Communications Act, except that such facility shall be considered a cable system (other than for purposes of section 47 USC 541 (c)[)] to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (d) an open video system that complies with section 47 USC 573; or (e) any facilities of any electric utility used solely for operating its electric utility systems.

    Cable service shall mean: (a) the one-way transmission to subscribers of (i) video programming, or (ii) 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.

    Franchise means the rights granted under this chapter by the city to a person by which the city authorizes such person to erect, construct, reconstruct, operate, dismantle, test, use and maintain a cable communications system in the city. Any franchise awarded by an ordinance in accordance with this chapter shall be a nonexclusive franchise.

    Franchise agreement means an ordinance enacted by the city in favor of a grantee which is enforceable by the city and the grantee and which sets forth the rights and obligations between the city and the grantee arising from the franchise.

    Grantee means the natural person, partnership, domestic or foreign corporation, association, joint venture or organization of any kind and lawful and approved successors granted a franchise by the city under this chapter.

    Grantor or city means the city as represented by the city commission or any delegate acting within the scope of its jurisdiction.

    Gross revenues means all cash, credits, property of any kind or nature or other consideration derived directly or indirectly by a grantee, arising from or attributable to the provision of cable service within the city, including but not limited to:

    (1)

    Revenue from all charges for cable service provided to subscribers of entertainment and nonentertainment services (including leased access fees);

    (2)

    Revenue from all charges for the insertion of commercial advertisements upon the cable communication system;

    (3)

    Revenue from all charges for the installation, connection and reinstatement of equipment necessary for the utilization of the cable communications system for the provision of subscriber and other cable service; and

    (4)

    The sale, exchange or use or cablecast of any programming developed for community use or institutional users.

    Gross revenues includes, valued at retail price levels, the value of any goods, services or other remuneration in nonmonetary form received by a grantee in consideration for performance by such grantee or others in connection with the delivery of cable service within the city.

    Each item of gross revenue shall be counted only once for purposes of calculating the franchise fee due to the city. The revenue of any person, including without limitation a supplier of programming to a grantee, shall not constitute gross revenues if such revenue is also included in the gross revenue of grantee.

    Leased access means the use of the cable communications system pursuant to section 612 of the Cable Communications Policy Act of 1984 (47 USC 521 et seq.).

    Other programming service shall mean information that a grantee makes available to all subscribers generally.

    Service tier shall mean a category of multichannel cable service or other services provided by a grantee and for which a separate rate is charged by the grantee.

    Street means the surface of and the space above and below any public street, road, highway, freeway, easement, lane, path, alley, court, sidewalk, parkway or driveway existing as such within the city.

    Subscriber means any person who legally receives any one or more of the cable services provided by the cable communications system.

    Video programming shall mean programming provided by, or generally considered comparable to program provided by, a television broadcast station.

(Code 1960, § 8A-3; Ord. No. 2287, § 1, 10-27-98)

Cross reference

Definitions and rules of construction generally, § 1-2.