Words and terms defined

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context clearly indicates that another meaning is intended. 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 words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Access channel means a channel, the programming of which is provided by groups or members of the public, educational institutions or the government, and is retransmitted by the grantee without editorial control by the grantee.

Auxiliary services means any communications services in addition to "regular subscriber services," including, but not limited to, service for which a per-program or per-channel charge is made, pay TV, burglar alarm services, data or other electronic transmission services, facsimile reproduction services, meter reading services and home shopping services, interactive two-way services and any other service utilizing any facility or equipment of a cable television system operating pursuant to a franchise granted under this chapter.

Board or board of county commissioners means the board of county commissioners of the county.

Cable television system or cable communications system or cable television means any nonbroadcast facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that distributes or is designed to distribute to subscribers audio, video and other forms of electronic or electrical signals, but such terms shall not include any such facility that serves or will serve only subscribers in one (1) or more multiple unit dwellings under common ownership, control or management and that does not use municipal rights-of-way.

Channel means a band of frequencies, six (6) megahertz wide in the electromagnetic spectrum, capable of carrying either one (1) audiovisual television signal and a few nonvideo signals or a large number of nonvideo signals.

City or City of Tampa means the mayor and council.

Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations.

Council means the city council of the City of Tampa.

Depreciated value means the value as shown on the grantee's books and records of all the cable television system's tangible assets after depreciation which shall be calculated to the end of the grantee's last fiscal year. The value shall not include "good will" or any value that grantee's books and records attribute to the franchise.

Designee means the person or department chosen by the mayor to act in matters related to cable television.

Fair market value means the price that a willing buyer would pay to a willing seller for a going concern.

Federal Communications Commission or FCC means the present federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress.

Franchise means the nonexclusive rights granted hereunder to construct and operate a cable television system along the public ways in the city or within specified areas in the city and is not intended to include any license or permit required for the privilege of transacting and carrying on a business within the city as may be required by other ordinances and laws of the city.

Franchise area means that portion of the city for which a franchise is granted under the authority of this chapter. The franchise area shall be the corporate limits of the city as they may from time to time be redrawn.

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

Gross revenues means all revenues derived directly or indirectly from the operation or use of all or part of a cable television system franchised pursuant to this chapter by the grantee, its affiliates, subsidiaries, parents, and any person in which the grantee has a financial interest including, but not limited to, revenue from regular subscriber service fees, auxiliary service fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, advertising revenues, sale of promotional items and publications; provided, however, that this shall not include any taxes on services furnished by the grantee herein imposed directly upon any subscriber or user by the state, local or other governmental unit and collected by the grantee on behalf of the governmental unit.

Mayor means the chief executive officer of the City of Tampa.

Net profit means the amount remaining after deducting from gross revenues all of the actual, direct and indirect, expenses associated with operating the cable television system including the franchise fee, interest, depreciation, and federal or state income taxes.

Persons means any people, firms, corporations, associations, or other legally recognized entities.

Public way means 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, park, parkway, waterway, or other public right-of-way, including public utility easements or rights-of-way, and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the city which shall entitle the city and the grantee to the use thereof for the purpose of installing and maintaining the grantee's cable television system.

Regular subscriber service means the distribution to subscribers of signals over the cable television system on all channels except those for which a per-program or per-channel charge is made, two-way services, and those intended for reception by equipment other than a television broadcast receiver.

Schools means all public or private tax-exempt educational institutions, including elementary and secondary schools, junior colleges, colleges and universities.

Subscriber means any person who receives the regular subscriber service and/or any one (1) or more of such other services as may be provided by the grantee's cable television system and does not further distribute such services.

Tampa Hillsborough County Cable Advisory Committee or committee means the body which shall act as an advisory committee to the city and the county with regard to issues affecting the operation of access channels and the programming offered on such channels on cable television systems in the city and in the county.

Two-way service means the subscriber or any other location shall have the capability to choose whether or not to respond immediately or by sequential delay by utilizing any type of terminal equipment whatever, by pushbutton code, dial code, meter, voice, video, including, but not limited to, audio and video, electrical or mechanically produced signal, display and/or interrogation.

User means a person or organization utilizing channel or system equipment and facilities for purposes of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.

(Code 1971, § 52-11; Ord. No. 7864-A, § 1(Art. II, § 1), 1-28-82; Ord. No. 410, §§ 1, 2, 12-1-88)

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