§440G-3  Definitions.  As used in this
chapter, unless the context clearly requires otherwise:



"Access organization" means any
nonprofit organization designated by the director to oversee the development,
operation, supervision, management, production, or broadcasting of programs for
any channels obtained under section 440G-8, and any officers, agents, and
employees of such an organization with respect to matters within the course and
scope of their employment by the access organization.



"Applicant" means a person who
initiates an application or proposal.



"Application" means an unsolicited
filing.



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



"Cable franchise" means a
nonexclusive initial authorization or renewal thereof issued pursuant to this
chapter, whether the authorization is designated as a franchise, permit, order,
contract, agreement, or otherwise, which authorizes the construction or
operation of a cable system.



"Cable operator" means any person or
group of persons (1) who provides cable service over a cable system and
directly or through one or more affiliates owns a significant interest in the
cable system or (2) who otherwise controls or is responsible for, through any arrangement,
the management and operation of a cable system.



"Cable service" means (1) the one-way
transmission to subscribers of video programming or other programming service
and (2) subscriber interaction, if any, which is required for the selection of
video programming or other programming service.



"Cable system" means any facility
within this State 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 does not include (1) a facility
that serves only to retransmit the television signals of one or more television
broadcast stations; (2) a facility that serves only subscribers in one or more
multiple unit dwellings under common ownership, control, or management, unless
that facility or facilities uses any public right-of-way; or (3) a facility of
a public utility subject in whole or in part to the provisions of chapter 269,
except to the extent that those facilities provide video programming directly
to subscribers.



"Department" means the department of
commerce and consumer affairs.



"Director" means the director of
commerce and consumer affairs.



"Facility" includes all real
property, antenna, poles, supporting structures, wires, cables, conduits,
amplifiers, instruments, appliances, fixtures, and other personal property used
by a cable operator in providing service to its subscribers.



"Institution of higher education"
means an academic college or university accredited by the Western Association
of Schools and Colleges.



"Other programming service" means
information that a cable operator makes available to all subscribers generally.



"Person" means an individual,
partnership, association, joint stock company, trust, corporation, or
governmental agency.



"Proposal" means a filing solicited
by the director.



"Public, educational, or governmental
access facilities" means (1) channel capacity designated for public,
educational, or governmental uses and (2) facilities and equipment for the use
of that channel capacity.



"Public place" includes any property,
building, structure, or water to which the public has a right of access and
use.



"Public utilities commission" means
the public utilities commission of this State.



"School" means an academic and
noncollege type regular or special education institution of learning
established and maintained by the department of education or licensed and
supervised by that department.



"Service area" means the geographic
area for which a cable operator has been issued a cable franchise.



"Video programming" means programming
provided by, or generally considered comparable to programming provided by, a
television broadcast station. [L 1970, c 112, pt of §1; am L 1982, c 204, §8;
am L 1983, c 124, §17; am L 1987, c 301, §3; am L 1991, c 294, §1]