§ 26-1. Definitions.

(a)

Basic cable rates means the monthly charges for a subscription to the basic service tier and the associated equipment.

(b)

Basic service tier means a separately available service tier to which subscription is required for access to any other tier of service, including as a minimum, but not limited to, all must-carry signals, all peg channels and all domestic television signals other than superstations.

(c)

Benchmark means a per-channel rate of charge for cable service and associated equipment which the FCC has determined is reasonable.

(d)

Cable Act of 1992 means the Cable Television Consumer Protection and Competition Act of 1992.

(e)

Cable operator means any person or group of persons;

(1)

Who provide cable service over a cable system and directly or through one or more affiliates owns a significant interest in such a cable system; or

(2)

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

(f)

Cable television (CATV) means any communications facility consisting of a set of transmission paths and associated signal generation, reception and control equipment, under common ownership and control, that among other services distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations by cable to subscribing members of the public who pay for such service.

(g)

Channel means a unit of cable service identified and selected by a channel number or similar designation.

(h)

Cost of service showing means a filing in which the cable operator attempts to show that the benchmark rate or the price cap is not sufficient to allow the cable operator to fully recover the costs of providing the basic service tier and to continue to attract capital.

(i)

FCC means the Federal Communications Commission.

(j)

Franchise is an authorization granted by the town which permits the construction, operation and maintenance of a CATV system within the town.

(k)

Franchisee is any entity, its successors, heirs or assigns that is a cable operator and is awarded a franchise in accordance with the provisions of this chapter.

(l)

Initial basic cable rates means the rates that the cable operator is charging for the basic service tier, including charges for associated equipment, at the time the town notifies the cable operator of the town's qualification and intent to regulate basic cable rates.

(m)

Mayor and town council means the governing body of the town of Cheverly or a commission or person appointed and empowered by resolution of the governing body to perform any or all of the duties outlined in this chapter.

(n)

Must-carry signal means the signal of any local broadcast station (except superstations) which is required to be carried on the basic service tier.

(o)

Peg channel means the channel capacity designated for public, educational, or governmental use and facilities and equipment for the use of that channel capacity.

(p)

Price cap means the ceiling set by the FCC on future increases in basic cable rates regulated by the city, based on a formula using the GNP Fixed Weight Price Index, reflecting general increases in the cost of doing business and changes in overall inflation.

(q)

Public ways means the surface of and the space above and below any public streets, highways, sidewalks and adjacent public areas, bridges, tunnels, parks, waterways, alleys and all other public rights-of-way and public grounds or waters within the town.

(r)

Subscriber means any person or organization receiving any of the services delivered over a CATV system

(s)

State of the art means whatever has been offered or provided to any municipal or any other governmental body in Prince George's County.

(t)

Superstation means any nonlocal broadcast signal secondarily transmitted by satellite.

(Ord. No. 3-80, 6-12-80; Ord. No. O-9-93, 1-13-94)