§ A291-2. Definitions.

When used in this ordinance, unless the context otherwise requires, the following terms and their derivatives shall have the meanings herein given (and when not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular number include the plural):

AFFILIATE

An entity which owns or controls, is owned or controlled by or is under common ownership with the grantee.

ANNIVERSARY DATE

A mutually agreed to calendar date which will serve as that date on which future basic rates may be adjusted according to an annual cycle.

BASIC CABLE

The tier of service regularly provided to all subscribers that includes the retransmission of all must-carry broadcast television signals as defined in rules established by the Federal Communications Commission (FCC) or, in the absence of at least three must-carry signals, any unaltered broadcast television signals and the public, educational and governmental channels, as required by the franchising authority pursuant to Title VI of the Cable Communications Policy Act.

BASIC SUBSCRIBER REVENUES

All remuneration received directly by the grantee from subscribers in payment for regularly furnished basic cable television service, but shall not include any taxes on services furnished by the grantee imposed on any subscriber or user by any government, governmental unit, political subdivision, agency or instrumentality, and collected by the grantee.

BOROUGH

The Borough of Downingtown, also called the "franchising authority."

CABLE COMMUNICATIONS POLICY ACT OF 1984

That body of federal law which was enacted on October 30, 1984, and having an effective date of December 29, 1984, and any amendments thereto.

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 of such video programming or other programming service.

CABLE TELEVISION SYSTEM (CATV)

A system consisting of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing audio, video and other forms of electronic or electrical signals to subscribing members of the public within the Borough of Downingtown for a fixed or periodic fee, employing wires or cables passing along, over, under, across and upon streets, ways, lanes, alleys, parkways, bridges, highways and other public places, including property of which the Borough has an easement or right-of-way, and including facilities which, in addition to providing such reception, amplification and distribution, are also used to originate and distribute programs or other communication services or materials to such subscribers.

COMMERCIAL SUBSCRIBER

A person who contracts to receive the signals amplified and distributed or locally originated and distributed by the grantee and carried, consistent with the community antenna television rules of the Federal Communications Commission, to provide service to television sets of others, or a person who exhibits programs to customers or the general public.

COUNCIL

The Borough Council of the Borough of Downingtown.

FRANCHISE

The initial authorization or renewal thereof issued by the Borough, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service or other service to subscribers.

FRANCHISE AREA

That area within the limits of the Borough of Downingtown as now or hereafter constituted.

GRANTEE

The grantee (franchise holder) of rights granted by the Borough under this ordinance; a franchisee.

GROSS BASIC SUBSCRIBER REVENUES

The monthly cable service revenues actually received by the grantee from subscribers of the cable system, including fees for converters. Excluded are revenues actually received in payment for Prism, HBO, Cinemax, Showtime, Disney and similar programming. Such phrase shall not include pay-per-view (PPV) revenues or revenues received from any advertising carried on the cable system, nor shall such phrase include any taxes on cable service which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency, and which are collected by the grantee on behalf of such governmental unit or agency.

PAY-PER-VIEW

Special one-time events, made available from time to time, to only those cable television subscribers who prearrange to pay a special one-time fee for such individual event.

PAY SERVICE REVENUES

Gross basis subscriber revenues received from so-called premium channels such as, but not limited to, Prism, HBO, Cinemax, Showtime, Disney and similar programming less the amount which the franchisee actually pays to the provider of said service.

PERSON

An individual, partnership, association, joint-stock company, trust corporation or other legal entity.

PROPERTY OF GRANTEE

All property owned, installed or used by the grantee in the conduct of a cable television system in the Borough.

PUBLIC WAY

The surface of and the space above and below and within the right-of-way of any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle or other public right-of-way, including but not limited to public utility easements, dedicated utility strips or rights-of-way, and any temporary or permanent fixtures or improvements located thereon, now or hereafter held, owned or dedicated to the Borough.

SERVICE TIER

A category of cable service or other services, provided by the grantee, and for which a separate charge is made by the grantee.

STATE-OF-THE-ART

The latest in cable television technology which may be practically applied within the Borough.

SUBSCRIBER

A person or user of the cable system who lawfully receives cable service or other service therefrom with the grantee's expressed permission.

VIDEO PROGRAMMING

Programming provided by or generally considered comparable to programming provided by a television broadcast station.