AG 1998 02 16 - Laserfiche WebLink

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II. TITLE OF ORDINANCE This Ordinance shall be known and may be cited as "Cabarrus County Cable Television Ordinance," and it shall become a part of the ordinances of the County. This Ordinance shall take effect and be in force from and after its adoption. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ill. DEFINITIONS For the purpose of this Ordinance the following terms, 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, words in the plural number include the singular number. The word "shall" is mandatory and the word "ma? is permissive. Words not defined shall be given their common and ordinary meaning. 3.1 BASIC SERVICE means a separately available tier to which subscription is required for access to any other tier of service. Such tier shall, at a minimum, consist of the following: all signals carried in fulfillment of Cable Act, Sections 614 and 615; any public, educational, and governmental access programming required in this Ordinance or the Franchise; any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the Grantee. 3.2 BOARD means the Board of County Commissioners 3.3 Cable Television System, also referred to as "system," means the Cable Television System constructed for use within the County, without limitation, the headend, antennae, cables, wires, lines, towers, amplifiers, converters, health and property security systems, equipment or facilities located within the corporate limits of the County designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio and visual radio, television and electronic signals to and from subscribers in the County, and any other equipment or facilities located within the corporate limits of the County intended for the use of the system; provided, however, such system facility excludes buildings, contracts, facilities, and equipment where primary use is for providing service to other systems located outside the County limits. Such term does not include (A) a facility that serves only to re-transmit the television signals of one or more television broadcast stations; (B) 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; (C) 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 such facility is used in the transmission of video programming directly to subscribers; 2