§ 30-27. Definitions.

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

Access channel means a channel dedicated in whole or in part to local programming which is not originated by a cable company and shall include facilities and equipment, which the licensee shall make available without charge to the board of county commissioners and county school board for the purpose of transmitting programming by the public, as well as governmental and educational agencies.

Audio channel means a band of frequencies in the electromagnetic spectrum which is capable of carrying one audio signal.

Basic service means any tier of service which includes retransmission of local television broadcast signals and the public, educational and governmental access channels.

Channel means a signaling path or portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the commission (FCC) by regulation.

Commercial use (lease) channel means a video and/or audio or data channel which the franchisee may make available on terms for commercial use by persons unaffiliated with the franchisee for the purpose of transmitting programming, providing services, or exchanging information.

Community antenna television system, cable television communication system and CATV means:

(1)

For the purpose of this article, these are synonymous terms, describing a system which may employ antennae, microwave, wires, wave-guides, coaxial cables, fiber optics or other conductors, equipment or facilities, designed, constructed or used for the purpose of:

a.

Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;

b.

Transmitting original cablecast programming not received from television broadcast signals;

c.

Transmitting television pictures, file and videotape programs, not received through broadcast television channels, whether or not encoded or processed to permit reception by only selected receivers; or

d.

Transmitting and receiving all other signals, including digital, voice and audio-visual;

provided, however, that any of the services permitted hereunder to be performed, described in this subsection, shall be those performed by or through the franchisee for subscribers in the operation of a cable television system franchised by the county.

(2)

Such term does not include:

a.

A facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast stations;

b.

A facility or combination of facilities that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management unless such facility or facilities use any public right-of-way or utility easement;

c.

A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers;

d.

Any facilities of any electric utility used solely for operating its electric utility system.

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

County means Collier County, Florida.

County administrator means the county administrator of Collier County, Florida, or his designee, or any successor to the powers of the county manager.

County attorney means the county attorney of Collier County, Florida, or his designee, or any successor to the powers of the county attorney.

Data channel means a band of frequencies in the electromagnetic spectrum which is capable of carrying one data signal.

FCC means the Federal Communications Commission, or its designee, or any successor to the powers of the FCC.

FCC approval means any necessary authorization by the FCC to operate a CATV system in the county pursuant to the Communications Act of 1934, as amended, and all applicable FCC regulations.

Franchise means the nonexclusive initial authorization or renewal thereof granted by the county to construct, install, operate and maintain a CATV system upon the streets, public ways and rights-of-way within a specifically designated franchise area of the county, whether such franchise is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise.

Franchisee means the person granted a CATV franchise or anyone who succeeds the person in accordance with the provisions of this article, or anyone who holds a franchise granted by the county prior to enactment of this article.

Gross revenues includes, but is not limited to, monthly fees charged subscribers for basic service; monthly fees charged subscribers for any premium service; installation and converting leasing fees or charges; advertising revenues; administrative fees from delinquent subscribers and/or delinquent advertiser accounts; dishonored check charges; capital reimbursements from subscribers; promotional fees from program suppliers; tower rentals; fees for collection of state sales tax; and Home Shopping Network commissions; provided, however, the board of county commissioners specifically reserves the right to amend this definition from time to time to account for changes in technology. Gross revenues shall not include any taxes on services furnished by the franchisee which are imposed upon any subscriber or user by the state, county, or other governmental unit and collected by the franchisee on behalf of said governmental unit. The franchise fee is not such a tax.

Institutional cable means the communications network constructed or operated by the cable company and which is generally available only to subscribers who are not residential subscribers.

Local origination programming means programming that is either produced by the franchisee or is obtained from another source for transmission on the franchisee's local origination channels.

May is permissive.

Pay television means the delivery over the community antenna television system of video signals in intelligible form to subscribers for a fee or charge (over and above the charge for basic or tiered service) on a per-program, per-channel or other subscription basis.

Person means any individual, partnership, joint venture, association, joint stock company, trust, firm, corporation, club, society, governmental entity, or other legally recognized entity, whether for profit or not for profit, or any lawful successor, transferee or assignee of said entity.

Property of franchisee means all property owned, installed, or used by a franchisee in the conduct of a CATV business in the county under the authority of a franchise granted pursuant to this article, or pursuant to a franchise agreement.

Public notice means publication of notice of the time, place and purpose of a hearing at least twice in a newspaper of general circulation in the county, with the first publication not less than 14 days prior to the hearing and the second to be not less than five days prior to the hearing.

Public school means any institution of the county public school system, or any duly state-accredited local college or university, within the unincorporated areas of the county.

Public street means the surface of and the space above and below any street, terrace, avenue, road, highway, freeway, bridge, land, path, alley, court, sidewalk, parkway, drive, boulevard, or other public way, now laid out or dedicated, and all extensions thereof and all additions thereto, within the unincorporated areas of the county and subject to the control of the county.

Public works administrator means the public works administrator of the county, or his designee, or any successor to the powers of the public works administrator.

Residential subscriber means a subscriber who receives any cable television service in an individual dwelling unit or multiple dwelling where the service is not to be utilized in connection with a business, trade or profession.

Service means any subscriber service, whether or not originated by the franchisee, which is distributed over the franchisee's distribution system on any channel.

Shall and will are mandatory, not merely directive.

Signal means any transmission of radio frequency energy or of optical information.

Subscriber means any person or entity receiving for any purpose any service provided by the cable operator.

(Ord. No. 88-90, § 2; Ord. No. 94-12, § 1)

Cross reference

Definitions generally, § 1-2.