Sec. 710.102. - Definitions.

For purposes of this Chapter, unless the context otherwise requires: (a) Access Channel means channels designated for noncommercial use as public, educational, or local government channels. Noncommercial programming may be underwritten by a sponsor or sponsors consistent with FCC rules and policies concerning "Enhanced Underwriting." (1) Educational Access Channel means a specially designated channel for noncommercial use by local educational authorities; (2) Government Access Channel means a specifically designated, noncommercial channel for local government use; and (3) Public Access Channel means a specifically designated, noncommercial channel available to any member of the public on a first-come, nondiscriminatory basis. (b) Billing complaint means a subscriber complaint regarding errors in billing. (c) Cablecasting means programming carried on a cable television system. (d) Cable Television System or 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 which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: (1) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) A facility that serves 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; (3) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the Cable Communications Policy Act of 1984 (the "Cable Act")) 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; (4) An open video system that complies with Section 653 of the Cable Communications Policy Act of 1984; or (5) Any facilities of any electric utility not used for the provision of cable television services. (e) Channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a standard television channel, as defined by the FCC, and: (1) Leased Access Channel means a channel or a portion of a channel which is available for lease in accordance with Section 612 of the Cable Act (47 U.S.C. § 532); (f) Director means the Director of Finance and Administration, Public Information Office for the City. (g) FCC means the Federal Communications Commission, or any successor governmental entity thereto. (h) Franchisee means the person or entity that is awarded a franchise by the City to construct and operate a cable television system within the City in accordance with the provisions of all applicable law and enters into a Franchise Agreement. (i) Franchise Area means the legal boundaries of the City of Jacksonville, Florida. (j) Public Proceeding means a meeting open to the general public with prior announcement of the time and place at which members of the public are provided an opportunity to be heard. (k) Service includes the following types: (1) Basic Service means the minimum service tier which includes the retransmission of local television broadcast signals as may be required by Federal law and the local public, educational, and government access channels as defined in the Franchise Agreement. (2) Additional Service means a service other than basic service provided over a cable television system by a Franchisee including, but not limited to, burglar alarm, data or other electronic intelligence transmission, meter reading or other service as may be available over a modern cable system. (l) Service complaint means a complaint by a subscriber or an applicant for subscription on the availability of obtaining service or signal quality but does not include complaints about programming selection. (m) Street means the surface of and the space above and below a public street, road, highway, freeway, lane, path, public way or place, alley, court, boulevard, parkway, drive or other easement now or hereafter held by the City for the purpose of public travel and shall include other easements or rights-of-way now held or hereafter held by the City which shall, within their proper use and meaning, entitle the City and its Franchisee to the use thereof for the purposes of installing or transmitting cable television system transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may ordinarily be necessary and pertinent to a cable television system. (n) Subscriber means a person lawfully receiving any service delivered over the cable television system in exchange for payment. Any of the terms used herein, and the definitions thereof, that are defined in Section 76.5 of the rules of the FCC as amended from time to time, or in the Cable Act, and not mentioned in the above definitions, are incorporated herein by reference. (Ord. 2003-188-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2016-140-E , § 16)