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 Winter Garden
 Code of Ordinances
 Chapter 71. CABLE COMMUNICATIONS
 Article I. IN GENERAL

  § 71-2. Definitions.  

Latest version.

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

    Basic cable service means any service tier which includes the retransmission of local television broadcast signals.

    Cable communications system or system, or cable television system, or cable system, or CATV system or community antenna TV 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 which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility 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; (iii) 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; or (iv) any facilities of any electric utility used solely for operating its electric utility systems.

    Cable service means the transmission of video, audio, or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of any such programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over the facilities owned or operated by one or more other dealers of communications services. The term includes point-to-multipoint distribution services by which programming is transmitted or broadcast by microwave or other equipment directly to the purchaser's premises, but does not include direct-to-home satellite service. The term includes basic cable, extended, premium, pay-per-view, digital, music services, and, to the extent consistent with applicable law, cable modem access to the Internet.

    Franchise means the rights granted under this chapter by the city to a grantee by which the city authorizes such person to erect, construct, reconstruct, operate, dismantle, test, use and maintain a cable communications system in the city. Any franchise awarded by an ordinance in accordance with this chapter shall be a nonexclusive franchise. The grant of one franchise does not establish priority for use over the other present or future permit or franchise holders or the city's own use of the streets and public rights-of-way.

    Franchise agreement means an ordinance or resolution enacted by the city in favor of a grantee which is enforceable by the city and the grantee and which sets forth the rights and obligations between the city and the grantee arising from the franchise. Any franchise agreement entered into for the provision of cable services or the construction of a cable communications system in the city shall be deemed to incorporate by reference and shall be subject to all of the terms and conditions set forth in this Chapter.

    Grantee means the natural person, partnership, domestic or foreign corporation, association, joint venture or organization of any kind and lawful and approved successors granted a franchise by the city under this chapter.

    Grantor or city means the city as represented by the city commission or any delegate acting within the scope of his or its jurisdiction.

    Service tier shall mean a category of multichannel cable service or other services provided by a grantee and for which a separate rate is charged by the grantee.

    Street means the surface of and the space above, below and through any public street, right-of-way, road, highway, freeway, easement, lane, path, alley, court, sidewalk, parkway or driveway existing as such within the city.

    Subscriber means any person who legally receives any one or more of the cable services provided by the cable communications system.

    Video programming shall mean programming provided by, or generally considered comparable to program provided by, a television broadcast station.

(Ord. No. 02-03, Art. I(2), 2-28-02)