§ 118-72. Definitions.
For the purpose of this article, the following phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, and words in the plural number include the singular number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
Access channel means a channel which the Franchisee shall make generally available to subscribers for community, educational and/or government access as specified by the Board of County Commissioners without charge to the County for the purpose of transmitting video programming by local governments, public schools, educational institutions and similar organizations. An access channel shall be used only for noncommercial purposes. The noncommercial nature of an access channel does not prohibit the County from (1) recognizing donors and sponsors of such video programming in the same manner that public broadcasting stations recognize their donors and their sponsors; or (2) conducting telethons in the same manner that public broadcasting stations conduct telethons. In addition, nothing herein shall prohibit an educational institution that uses access channels in its courses from charging tuition to students for such courses.
Basic cable service means any service tier that includes the retransmission of local television broadcast signals.
Build-out schedule means a detailed timeline indicating when cable service will be available from franchisee throughout the initial franchise area or any expansion thereto.
Board means the Board of County Commissioners of Sarasota County, Florida.
Cable Act or Act shall mean the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 521 et seq.
Cable coordinator means that individual designated by the County Administrator to administer this article and any franchise granted pursuant to this article.
Cable service shall mean:
(1)
The one-way transmission to subscribers of:
a.
Video programming; or
b.
Other programming services; and
(2)
Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services.
Cable system or system shall mean 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 the franchise area, but such term does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations, (ii) a facility that serves subscribers without using any public ways, (iii) 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, as amended (the "Act") except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the 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, (iv) an open video system that complies with Section 653 of the Act; or (v) any facilities of any electric utility used solely for operating its electric utility systems.
Commercial subscriber means a subscriber who receives cable service in a place of business where the cable service may be utilized in connection with a business, trade or profession.
Complaint means a verbal or written indication from a subscriber of a problem with any aspect of service provided by a cable system which results in a service call.
Converter means an electronic device that converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control.
County means unincorporated Sarasota County, Florida.
County Administrator means the County Administrator of Sarasota County, Florida, or designee.
Days means calendar Days unless otherwise specified.
Drop means the connector between the distribution portion of a cable system and a subscriber's premises.
FCC means the Federal Communications Commission and any legally appointed or elected successor.
Franchise means a nonexclusive authorization or renewal thereof issued by the Board, which authorizes the construction or operation of a Cable System.
Franchise area means and includes the geographic areas of the unincorporated County within which franchisee has been granted a franchise to construct and operate a cable system pursuant to a build-out schedule.
Franchisee means any natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s) or organization(s) of any kind which has been legally granted a franchise by the Board to construct and operate a cable system within unincorporated Sarasota County, and shall include the lawful successor, transferee or assignee of such franchisee.
Initial franchise area means the initial geographic area for which the franchisee has been granted a franchise to provide cable service.
I-NET user means Sarasota County, the Sarasota Memorial Hospital System, the City of Sarasota, the Sarasota County School System and other qualified and designated user(s) to whom County provides institutional network services via the I-NET.
Installation means the connection of the cable system to a subscriber's demarcation point or terminal.
Institutional network or I-NET means a communications network over which data, voice or video signals may be transmitted exclusively to I-NET users.
Interactive on-demand services means a service providing video programming to subscribers over switched networks on an on-demand, point-to-point basis, but does not include services providing video programming pre-scheduled by the programming provider.
Monitoring means observing a communications signal, or the absence of a signal, where the observer is not a party to the communication, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
Notice means written notice addressed to the franchisee or to the cable coordinator at the County's principal office, which notice shall be certified and postmarked.
Other programming services means information that a cable operator makes available to all subscribers generally.
Person means any individual, partnership, association, organization, corporation or other legal entity.
Plant mile means a linear mile of installed cable sheath as measured from manhole to manhole, from manhole to pole, from pole to pole, from pole to pedestal, from pedestal to pedestal, or any combination thereof.
Public property means any real property owned by the County or any other government entity other than a highway, sidewalk, easement or dedication.
Public ways means the surface, the airspace above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, waterways, utility easements or other public right-of-way now or hereafter owned or controlled by the County.
Resident means any person residing in unincorporated Sarasota County.
Residential subscriber means a subscriber who receives cable service at a residence where the service is not to be utilized in connection with a business, trade or profession.
Sale shall include any Transfer, exchange or barter.
School shall mean a School under the operation, control and supervision of the Sarasota County School Board.
State means the State of Florida.
Subscriber means any person, firm, corporation or other entity which subscribes to a service provided by the franchisee's cable system.
Service tier means a category of cable service or other services provided by a cable operator for which a separate rate is charged by the cable operator.
System facilities means the cable system constructed for use within unincorporated Sarasota County, without limitation, the head-end, antenna, cables, wires, fiber, lines, towers, amplifiers, converters, health and property security systems, equipment or facilities located within unincorporated Sarasota County designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing, by coaxial cable, fiber optics, microwave or other means, audio, radio, television and electronic signals to and from subscribers in the County.
Transfer means the conveyance by the franchisee or its parent company, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise; 1) of the system, in whole or in part; or 2) the rights held by franchisee under the franchise to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert.
User means a person or organization utilizing a channel or equipment and facilities for the purpose of producing or transmitting material.
Video programming means programming provided by or generally considered comparable to programming provided by a television broadcast station.
(Ord. No. 2006-026, § 4, 4-12-2006)