AG 1998 03 16 - Laserfiche WebLink

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5(:}2 DRAFT Protection and Competition Act of 1992; and the Teleco~unications Act of 1996 as they may be amended or succeeded from time to time. 3.8 CONVERTER means an electronic device which 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. 3.9 DISCRETE CHANNEL shall mean a channel which can only be received by the person and/or institution intended to receive signals on such channel. 3.10 DROP shall mean a coaxial connection from feeder cable to the subscriber/user television set, radio or other terminal. 3.11 EDUCATIONAL ACCESS CHANNEL means any channel designated for non- co~ercial educational access use. 3.12 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. 3.13 FCC means the Federal Communications Co, lesion and any legally appointed successor. 3.14 FRANCHISE means the nonexclusive rights granted pursuant to this Ordinance to construct, operate and maintain a Cable Television System along the public ways within all or a specified area in the County. Any such authorization, in whatever form granted, shall not mean or include any license 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. 3.15 FRANCHISE AREA means the entire County, or portions thereof, for which a Franchise is granted under the authority of this Ordinance. If not otherwise stated in the Franchise, the Franchise area shall be the corporate limits of the County, including all territory thereafter annexed to the County. 3.16 FRANCHISE FEE means the percentage, as specified by the County, of the Franchisee's gross annual revenues in exchange for the rights granted pursuant to this Ordinance and the Franchise Agreement. 3.17 FRANCHISEE or GRANTEE means the 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 its lawful successor, transferee or assignee. 3.18 GOVERNMENT ACCESS CHANNEL means any channel specifically designated or dedicated for non-commercial government access use. 3.19 GRANTOR means the County of Cabarrus as represented by the Board of County Co~u~issioners acting within the scope of its jurisdiction. 3.20 GROSS ANNUAL REVENUES means all revenue collected annually directly or indirectly from the franchise area by the Graotee, and/or all revenue collected by Grantee's affiliates, subsidiaries, and any person in which the Grantee has a financial interest from or in connection with the operation of the Cable System. The gross revenues do not include any tax, fee, or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminating against cable operators or cable subscribers). Franchise fees shall not be paid twice on gross annual revenues from the sale of any merchandising or progra~u~ing on a progra~ing service owned in whole or in part by the Grantee, its affiliates, subsidiaries and any person in which the Grantee has a financial interest. For example, assuming that Grantee has an interest in a programming service (i.e., XYZ) which is a national home shopping service, Grantee would pay a franchise fee on any co, lesion or fee received by Grantee for the transaction, but XYZ service would not pay a franchise fee on the revenues received from a Cabarrus transaction. 3.21 INSTALLATION shall mean the connection of the system from feeder cable to subscribers' terminals. 3.22 LEASED ACCESS CHANNEL, or CO}{MERCIAL ACCESS CHANNEL means any channel designated or dedicated for use by persons unaffiliated with the Grantee, at rates which are in accordance with applicable law. 3.22a LOCAL PROCRAMMING CHANNEL means a channel designated for local progra~ing programmed by the GRANTEE. 3.23 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. 3.24 NARROWCASTING shall mean the ability to distribute cable prograraming to a particular segment or segments of the cable subscribers. 3.25 NON-COF. MERCIAL means access channel use in a manner similar to Public Broadcasting Service station programming and underwriter