§ 30-2. Definitions.  


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  • For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning 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. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. Terms used in this chapter which are not defined below, but which are defined in the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996, as codified at 47 U.S.C. section 521 et seq., shall have the meanings set forth in section 602 of the Act, 47 U.S.C. section 522.

    Access channel means a channel, to include facilities and equipment, which the licensee shall make available without charge to the board of county commissioners and school board for the purpose of transmitting non-commercial programming by the governmental and educational agencies.

    Act means Title 47, United States Code, sections 521 through 599, as it may be amended from time to time, commonly known as the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996.

    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 signals of over-the-air television stations as required by the Federal Communications Commission (FCC).

    Board means the board of county commissioners of Brevard County, Florida, or its designee, or any successor to the power of the board.

    Cable mile means a linear mile of trunk/distribution cable as measured on the street or easement from the plant, but not to include standard and nonstandard drops.

    Cable system, also referred to as "system," means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment and other communications equipment that is designed to provide cable service which includes video programming and other services 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 only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public rights-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provision of Title II of the Cable Act, except that such facility shall be considered a cable system to the extent that such facility is used in the transmission of video programming directly to subscribers; or (4) any facilities of any electric utility used solely for operating its electric utility systems. "System" shall also mean the cable system constructed for use within the unincorporated areas of the county, without limitation, the headend, antennae, cables, wires, lines, towers, amplifiers, poles, converters, equipment or facilities located within the unincorporated areas of the county, 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.

    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, audio, digital or other non-video signals or some combination of such signals, as defined by the FCC by regulation.

    Commence operation means that time and date when operation of the cable system is considered to have commenced which shall be when the system is fully rebuilt or fully constructed.

    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.

    Communications Policy Act or Cable Act means the Communication Act of 1934, the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as it may be amended or succeeded.

    Communications services are defined in F.S. § 202.11 as the transmission conveyance, or routine of voice data, audio, video or any other information or signals including cable services to a point or between or among points by or through any electronic, radio, satellite, cable optical, microwave, or other medium or method now in existence or hereafter devised in regardless of the protocol used for such transmission.

    Communications services tax (CST) F.S. § 202.105 provides the legislative intent for declaring the tax imposed by the state legislature beginning October 2001 that consolidates seven state and local taxes into one tax that replaces cable provider franchise fees previously collected by the county. F.S. § 202.18 determines that the CST be remitted monthly to the Florida Department of Revenue by cable providers with disbursement back of the county with percentages pursuant to Brevard County Resolution 01-254.

    Complaint means a written complaint that results in a service or follow-up telephone call or written indication from a subscriber of a problem with any aspect of cable service.

    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 converter dial locations at the set or by remote control.

    County means Brevard County, Florida, and all territory within its present and future boundaries and including anything over which the county exercises jurisdiction. The board of county commissioners is the authority for the county.

    County attorney means the county attorney of Brevard County or designee, or any successor to the powers of the county attorney.

    County manager means the county manager of Brevard County or designee, or any successor to the powers of the county manager.

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

    Days means calendar days unless otherwise specified.

    Dedicated institutional access channels means broadband communications channels dedicated to serving city, county, state or federal governmental agencies.

    Discrete channel means a channel which can only be received by the person and/or institution intended to receive signals on such channel.

    Downstream channel means a channel which is transmitted from the cable system headend or other origination point through the cable distribution plant to subscribers.

    Drop means the connection from feeder cable to the subscriber/user television set, radio or other terminal.

    Educational channel or educational access channel means any channel where non-commercial educational programs produced by local educational institutions are the only designated use.

    Fair market value means the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time.

    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 cable system in the county pursuant to the Communications Act of 1934, as amended, and all applicable FCC regulations.

    Franchise means the nonexclusive authorization granted hereunder by the county to install, operate and maintain a cable system upon the streets, public ways and places of the county. It also means a contract entered into voluntarily by the franchisee, containing the specific provisions of the franchise granted. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the county as required by other ordinances and laws of the county.

    Franchise application means those documents submitted for a new franchise or franchise renewal or transfer, meeting the application requirements established by the county.

    Franchise area means the entire unincorporated area of the county or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the franchise area shall be the unincorporated areas of the county, including any future territory annexed into the county by the state or other means.

    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 county, and shall include the lawful successor, transferee or assignee of such franchisee, also known as cable operator, granted a cable system franchise or anyone who succeeds the person(s) in accordance with the provisions of a franchise ordinance/code.

    Franchising authority means Brevard County and the designation and those powers authorized to the county by the FCC.

    Government channel or government access channel means a channel specifically designated or dedicated for non-commercial uses by the county and other franchising authorities served by the same system.

    Installation means the connection of the system from feeder cable to subscriber's terminal(s).

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

    Leased access channel or commercial access channel means any channel designated or dedicated for use by persons unaffiliated with the franchisee at rates in accordance with the Cable Act.

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

    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.

    Narrowcasting means the ability to distribute cable programming to a particular segment or segments of the cable subscribers.

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

    Plant mile means a linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.

    Programmer means any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded tapes or other storage media, to users or subscribers by means of the cable system.

    Public notice means publication of notice of the time, place and purpose of a hearing once in a newspaper of general circulation in the county with the publication not less than 14 days prior to the hearing.

    Public rights-of-way or streets or public grounds 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, parkways, waterways, utility easements or other public right-of-way or hereafter held by the county which shall entitle the county and the franchisee to the use thereof for the purpose of installing and maintaining the franchisee's system. No reference herein, or in any franchise, to the "streets and public grounds" shall be deemed to be a representation or guarantee by the county that its title to any property is sufficient to permit its use for such purpose, and the franchisee shall, by its use of such terms, be deemed to gain only such rights to use property in the unincorporated areas of the county as the county may have the undisputed right and power to give.

    Public school means any institution of the county public school system within the unincorporated areas of the county.

    Public works director means the public works director of the county or designee, or any successor to the power of the public works director.

    Reasonable notice means a written notice addressed to the franchisee at its principal office within the county or such other office as the franchisee has designated to the county as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than 30 business days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said 30 business days, holidays recognized by the county shall be excluded.

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

    Sale means any sale, exchange, barter or offer for sale.

    School board means the school board of Brevard County or its designee, or any successor to the powers of the school board.

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

    Service area means the entire geographic area within the franchise territory.

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

    State means the state of Florida.

    Subscriber means any person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, any cable service provided by the franchisee by means of or in connection with a cable system.

    Transfer means the disposal by the franchisee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of the ownership or controlling interest in the system, of such interest to a corporation, partnership, limited partnership, trust or association or person or group of persons acting in concert or a change in control.

    Trunk line means the major distribution cable used in cable communications, which divides into feeder lines which are tapped for service to subscribers.

    Upstream signal means a signal originating from a terminal to another point in the cable system including video, audio or digital signals for either programs or other uses.

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

(Code 1979, § 7-102; Ord. No. 94-05, § 2, 2-22-94; Ord. No. 98-45, § 2, 8-18-98; Ord. No. 02-66, § 1, 12-17-02)

Cross reference

Definitions generally, § 1-2.