§ 24-58. 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:

Affiliate means an entity that owns or controls, or is owned or controlled by, or is under common ownership with the franchisee.

Basic cable service means any service tier that includes the retransmission of broadcast signals of local television stations, which shall mean any of those stations serving the Miami/Ft. Lauderdale area.

Cable channel or channel means a portion of the electromagnetic frequency that is used in the cable system and that is capable of delivering a television channel as that phrase is defined by the regulations of the Federal Communications Commission.

Cable operator means an entity who provides cable service over a cable system or through one or more affiliates owns a significant interest in such a cable system or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

Cable service means the one-way transmission to subscribers of video programming, or other programming service, and subscriber interaction, if any, that is required for the selection of such video programming or other programming service.

Cable system means 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 that includes video programming and that is provided to multiple subscribers within the franchise area.

Commercial channel means a channel designated for commercial use by persons unaffiliated with the franchisee.

Commercially impracticable means, with respect to any requirement of this article or any franchise granted thereunder, that it is commercially impracticable for the franchisee to comply with such requirement as a result of a change in conditions that is beyond the control of the franchisee and the nonoccurrence of which was a basic assumption on which the requirement was based.

Entity means an individual, partnership, association, joint stock company, trust, corporation or governmental agency other than the county.

Franchise means the authorization, granted under this article unless otherwise noted, issued by the county, also in the form of an ordinance, for the construction and operation of a cable system for the purpose of making available cable service to the public.

Franchise area means that portion of the unincorporated area of the county stated in the ordinance granting the franchise.

Franchisee means the holder of any franchise granted under this article or the county-approved successor, transferee or assignee thereof.

Gross revenues means the monthly cable service revenues received by the franchisee from subscribers of the cable system; however, such phrase shall not include revenues received from any national advertising carried on the cable system, that portion of a payment to a third party for the carriage or reception thereof, or any taxes on cable service that are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency, and that are collected by the franchisee on behalf of such governmental unit or agency.

Institutional networks means a communication network that is constructed or operated by the cable operator and that is generally available only to subscribers who are not residential subscribers.

Service tier means a category of cable service or other services provided by the franchisee and for which a separate rate is charged by the franchisee.

Street means the surface, the air space above the surface and the area below the surface, of all public roads, streets, highways, alleys, easements, boulevards, bridges, tunnels, public utility easements, and all public grounds within or belonging to the county or under its control or supervision within the franchise area.

Subscriber means an authorized recipient legally receiving basic service, additional service tiers, or both.

(Code 1979, § 6.8-16; Ord. No. 9-1989, § 1)