§ 54-110. 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:

Affiliated programmer means a programmer with an ownership interest of five percent or more including general partnership interests, direct ownership interests, and stock interests in a corporation where such stockholders are officers or directors or who directly or indirectly own five percent or more of the outstanding stock, whether voting or nonvoting. Such interests include limited partnership interests of five percent or greater.

Basic service tier means and includes, at a minimum, all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable system), any public, educational, and governmental programming required by the franchise to be carried on the basic tier, and any additional video programming signals or service added to the basic tier by the cable operator.

Cable operator means any person or group of persons who:

(1)

Provides cable service over a cable system within the city under a franchise issued by the city, and who directly or through one or more affiliates owns a significant interest in such cable system; or

(2)

Otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

Cable programming service means and includes any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than:

(1)

Video programming carried on the basic service tier as defined in this section;

(2)

Video programming offered on a pay-per-channel or pay-per-program basis; or

(3)

A combination of multiple channels of pay-per-program video programming offered on a multiplexed or time-shifted basis so long as the combined service:

a.

Consists of commonly identified video programming; and

b.

Is not bundled with any regulated tier of service.

FCC or commission means the Federal Communications Commission.

Small system means a cable television system that serves fewer than 1,000 subscribers. The service area of a small system is determined by the number of subscribers in that area served by a system's principal headend, including any other headends or microwave receiver sites that are technically integrated to the system's principal headend.

(Code 1982, § 16-62; Ord. No. 93-11-40, § 2, 11-2-1993)