"Affiliate," in relation to any person, means another person who owns orcontrols, is owned or controlled by, or is under common ownership or controlwith, such person.
"Basic service tier" means the service tier that includes (i) theretransmission of local television broadcast channels and (ii) public,educational, and governmental channels required to be carried in the basictier.
"Cable operator" means any person or group of persons that (i) providescable service over a cable system and directly or through one or moreaffiliates owns a significant interest in such cable system or (ii) otherwisecontrols or is responsible for, through any arrangement, the management andoperation of a cable system. Cable operator does not include a provider ofwireless or direct-to-home satellite transmission service.
"Cable service" means the one-way transmission to subscribers of (i) videoprogramming or (ii) other programming service, and subscriber interaction, ifany, which is required for the selection or use of such video programming orother programming service. Cable service does not include any videoprogramming provided by a commercial mobile service provider defined in 47U.S.C. § 332(d).
"Cable system" or "cable television system" means any facility consistingof a set of closed transmission paths and associated signal generation,reception, and control equipment that is designed to provide cable servicethat includes video programming and that is provided to multiple subscriberswithin a community, except that such definition shall not include (i) asystem that serves fewer than 20 subscribers; (ii) a facility that servesonly to retransmit the television signals of one or more television broadcaststations; (iii) a facility that serves only subscribers without using anypublic right-of-way; (iv) a facility of a common carrier that is subject, inwhole or in part, to the provisions of Title II of the Communications Act of1934, 47 U.S.C. § 201 et seq., except that such facility shall be considereda cable system to the extent such facility is used in the transmission ofvideo programming directly to subscribers, unless the extent of such use issolely to provide interactive on-demand services; (v) any facilities of anyelectric utility used solely for operating its electric systems; (vi) anyportion of a system that serves fewer than 50 subscribers in any locality,where such portion is a part of a larger system franchised in an adjacentlocality; or (vii) an open video system that complies with § 653 of Title VIof the Communications Act of 1934, as amended, 47 U.S.C. § 573.
"Certificated provider of telecommunications services" means a personholding a certificate issued by the State Corporation Commission to providelocal exchange telephone service.
"Franchise" means an initial authorization, or renewal thereof, issued by afranchising authority, including a locality or the CommonwealthTransportation Board, whether such authorization is designated as afranchise, permit, license, resolution, contract, certificate, agreement, orotherwise, that authorizes the construction or operation of a cable system, atelecommunications system, or other facility in the public rights-of-way. Anegotiated cable franchise is granted by a locality after negotiation with anapplicant pursuant to § 15.2-2108.20. An ordinance cable franchise is grantedby a locality when an applicant provides notice pursuant to § 15.2-2108.21that it will provide cable service in the locality.
"Force majeure" means an event or events reasonably beyond the ability ofthe cable operator to anticipate and control. "Force majeure" includes, butis not limited to, acts of God, incidences of terrorism, war or riots, laborstrikes or civil disturbances, floods, earthquakes, fire, explosions,epidemics, hurricanes, tornadoes, governmental actions and restrictions, workdelays caused by waiting for utility providers to service or monitor orprovide access to utility poles to which the cable operator's facilities areattached or to be attached or conduits in which the cable operator'sfacilities are located or to be located, and unavailability of materials orqualified labor to perform the work necessary.
"Gross revenue" means all revenue, as determined in accordance withgenerally accepted accounting principles, that is actually received by thecable operator and derived from the operation of the cable system to providecable services in the franchise area; however, in an ordinance cablefranchise "gross revenue" shall not include: (i) refunds or rebates made tosubscribers or other third parties; (ii) any revenue which is received fromthe sale of merchandise over home shopping channels carried on the cablesystem, but not including revenue received from home shopping channels forthe use of the cable service to sell merchandise; (iii) any tax, fee, orcharge collected by the cable operator and remitted to a governmental entityor its agent or designee, including without limitation a local public accessor education group; (iv) program launch fees; (v) directory or Internetadvertising revenue including, but not limited to, yellow page, white page,banner advertisement, and electronic publishing; (vi) a sale of cable servicefor resale or for use as a component part of or for the integration intocable services to be resold in the ordinary course of business, when thereseller is required to pay or collect franchise fees or similar fees on theresale of the cable service; (vii) revenues received by any affiliate or anyother person in exchange for supplying goods or services used by the cableoperator to provide cable service; and (viii) revenue derived from servicesclassified as noncable services under federal law, including, withoutlimitation, revenue derived from telecommunications services and informationservices, and any other revenues attributed by the cable operator to noncableservices in accordance with rules, regulations, standards, or orders of theFederal Communications Commission.
"Interactive on-demand services" means a service providing videoprogramming to subscribers over switched networks on an on-demand,point-to-point basis, but does not include services providing videoprogramming prescheduled by the programming provider.
"Ordinance" includes a resolution.
"Transfer" means any transaction in which (i) an ownership or otherinterest in the cable operator is transferred, directly or indirectly, fromone person or group of persons to another person or group of persons, so thatmajority control of the cable operator is transferred; or (ii) the rights andobligations held by the cable operator under the cable franchise grantedunder this article are transferred or assigned to another person or group ofpersons. However, notwithstanding clauses (i) and (ii) of the precedingsentence, a transfer of the cable franchise shall not include (a) transfer ofan ownership or other interest in the cable operator to the parent of thecable operator or to another affiliate of the cable operator; (b) transfer ofan interest in the cable franchise granted under this article or the rightsheld by the cable operator under the cable franchise granted under thisarticle to the parent of the cable operator or to another affiliate of thecable operator; (c) any action that is the result of a merger of the parentof the cable operator; (d) any action that is the result of a merger ofanother affiliate of the cable operator; or (e) a transfer in trust, bymortgage, or by assignment of any rights, title, or interest of the cableoperator in the cable franchise or the system used to provide cable in orderto secure indebtedness.
"Video programming" means programming provided by, or generally consideredcomparable to, programming provided by a television broadcast station.
All terms used herein, unless otherwise defined, shall have the same meaningas set forth in Title VI of the Communications Act of 1934, 47 U.S.C. § 521et seq. In addition, references in this article to any federal law shallinclude amendments thereto as are enacted from time-to-time.
"Affiliate," in relation to any person, means another person who owns orcontrols, is owned or controlled by, or is under common ownership or controlwith, such person.
"Basic service tier" means the service tier that includes (i) theretransmission of local television broadcast channels and (ii) public,educational, and governmental channels required to be carried in the basictier.
"Cable operator" means any person or group of persons that (i) providescable service over a cable system and directly or through one or moreaffiliates owns a significant interest in such cable system or (ii) otherwisecontrols or is responsible for, through any arrangement, the management andoperation of a cable system. Cable operator does not include a provider ofwireless or direct-to-home satellite transmission service.
"Cable service" means the one-way transmission to subscribers of (i) videoprogramming or (ii) other programming service, and subscriber interaction, ifany, which is required for the selection or use of such video programming orother programming service. Cable service does not include any videoprogramming provided by a commercial mobile service provider defined in 47U.S.C. § 332(d).
"Cable system" or "cable television system" means any facility consistingof a set of closed transmission paths and associated signal generation,reception, and control equipment that is designed to provide cable servicethat includes video programming and that is provided to multiple subscriberswithin a community, except that such definition shall not include (i) asystem that serves fewer than 20 subscribers; (ii) a facility that servesonly to retransmit the television signals of one or more television broadcaststations; (iii) a facility that serves only subscribers without using anypublic right-of-way; (iv) a facility of a common carrier that is subject, inwhole or in part, to the provisions of Title II of the Communications Act of1934, 47 U.S.C. § 201 et seq., except that such facility shall be considereda cable system to the extent such facility is used in the transmission ofvideo programming directly to subscribers, unless the extent of such use issolely to provide interactive on-demand services; (v) any facilities of anyelectric utility used solely for operating its electric systems; (vi) anyportion of a system that serves fewer than 50 subscribers in any locality,where such portion is a part of a larger system franchised in an adjacentlocality; or (vii) an open video system that complies with § 653 of Title VIof the Communications Act of 1934, as amended, 47 U.S.C. § 573.
"Certificated provider of telecommunications services" means a personholding a certificate issued by the State Corporation Commission to providelocal exchange telephone service.
"Franchise" means an initial authorization, or renewal thereof, issued by afranchising authority, including a locality or the CommonwealthTransportation Board, whether such authorization is designated as afranchise, permit, license, resolution, contract, certificate, agreement, orotherwise, that authorizes the construction or operation of a cable system, atelecommunications system, or other facility in the public rights-of-way. Anegotiated cable franchise is granted by a locality after negotiation with anapplicant pursuant to § 15.2-2108.20. An ordinance cable franchise is grantedby a locality when an applicant provides notice pursuant to § 15.2-2108.21that it will provide cable service in the locality.
"Force majeure" means an event or events reasonably beyond the ability ofthe cable operator to anticipate and control. "Force majeure" includes, butis not limited to, acts of God, incidences of terrorism, war or riots, laborstrikes or civil disturbances, floods, earthquakes, fire, explosions,epidemics, hurricanes, tornadoes, governmental actions and restrictions, workdelays caused by waiting for utility providers to service or monitor orprovide access to utility poles to which the cable operator's facilities areattached or to be attached or conduits in which the cable operator'sfacilities are located or to be located, and unavailability of materials orqualified labor to perform the work necessary.
"Gross revenue" means all revenue, as determined in accordance withgenerally accepted accounting principles, that is actually received by thecable operator and derived from the operation of the cable system to providecable services in the franchise area; however, in an ordinance cablefranchise "gross revenue" shall not include: (i) refunds or rebates made tosubscribers or other third parties; (ii) any revenue which is received fromthe sale of merchandise over home shopping channels carried on the cablesystem, but not including revenue received from home shopping channels forthe use of the cable service to sell merchandise; (iii) any tax, fee, orcharge collected by the cable operator and remitted to a governmental entityor its agent or designee, including without limitation a local public accessor education group; (iv) program launch fees; (v) directory or Internetadvertising revenue including, but not limited to, yellow page, white page,banner advertisement, and electronic publishing; (vi) a sale of cable servicefor resale or for use as a component part of or for the integration intocable services to be resold in the ordinary course of business, when thereseller is required to pay or collect franchise fees or similar fees on theresale of the cable service; (vii) revenues received by any affiliate or anyother person in exchange for supplying goods or services used by the cableoperator to provide cable service; and (viii) revenue derived from servicesclassified as noncable services under federal law, including, withoutlimitation, revenue derived from telecommunications services and informationservices, and any other revenues attributed by the cable operator to noncableservices in accordance with rules, regulations, standards, or orders of theFederal Communications Commission.
"Interactive on-demand services" means a service providing videoprogramming to subscribers over switched networks on an on-demand,point-to-point basis, but does not include services providing videoprogramming prescheduled by the programming provider.
"Ordinance" includes a resolution.
"Transfer" means any transaction in which (i) an ownership or otherinterest in the cable operator is transferred, directly or indirectly, fromone person or group of persons to another person or group of persons, so thatmajority control of the cable operator is transferred; or (ii) the rights andobligations held by the cable operator under the cable franchise grantedunder this article are transferred or assigned to another person or group ofpersons. However, notwithstanding clauses (i) and (ii) of the precedingsentence, a transfer of the cable franchise shall not include (a) transfer ofan ownership or other interest in the cable operator to the parent of thecable operator or to another affiliate of the cable operator; (b) transfer ofan interest in the cable franchise granted under this article or the rightsheld by the cable operator under the cable franchise granted under thisarticle to the parent of the cable operator or to another affiliate of thecable operator; (c) any action that is the result of a merger of the parentof the cable operator; (d) any action that is the result of a merger ofanother affiliate of the cable operator; or (e) a transfer in trust, bymortgage, or by assignment of any rights, title, or interest of the cableoperator in the cable franchise or the system used to provide cable in orderto secure indebtedness.
"Video programming" means programming provided by, or generally consideredcomparable to, programming provided by a television broadcast station.
All terms used herein, unless otherwise defined, shall have the same meaningas set forth in Title VI of the Communications Act of 1934, 47 U.S.C. § 521et seq. In addition, references in this article to any federal law shallinclude amendments thereto as are enacted from time-to-time.
"Affiliate," in relation to any person, means another person who owns orcontrols, is owned or controlled by, or is under common ownership or controlwith, such person.
"Basic service tier" means the service tier that includes (i) theretransmission of local television broadcast channels and (ii) public,educational, and governmental channels required to be carried in the basictier.
"Cable operator" means any person or group of persons that (i) providescable service over a cable system and directly or through one or moreaffiliates owns a significant interest in such cable system or (ii) otherwisecontrols or is responsible for, through any arrangement, the management andoperation of a cable system. Cable operator does not include a provider ofwireless or direct-to-home satellite transmission service.
"Cable service" means the one-way transmission to subscribers of (i) videoprogramming or (ii) other programming service, and subscriber interaction, ifany, which is required for the selection or use of such video programming orother programming service. Cable service does not include any videoprogramming provided by a commercial mobile service provider defined in 47U.S.C. § 332(d).
"Cable system" or "cable television system" means any facility consistingof a set of closed transmission paths and associated signal generation,reception, and control equipment that is designed to provide cable servicethat includes video programming and that is provided to multiple subscriberswithin a community, except that such definition shall not include (i) asystem that serves fewer than 20 subscribers; (ii) a facility that servesonly to retransmit the television signals of one or more television broadcaststations; (iii) a facility that serves only subscribers without using anypublic right-of-way; (iv) a facility of a common carrier that is subject, inwhole or in part, to the provisions of Title II of the Communications Act of1934, 47 U.S.C. § 201 et seq., except that such facility shall be considereda cable system to the extent such facility is used in the transmission ofvideo programming directly to subscribers, unless the extent of such use issolely to provide interactive on-demand services; (v) any facilities of anyelectric utility used solely for operating its electric systems; (vi) anyportion of a system that serves fewer than 50 subscribers in any locality,where such portion is a part of a larger system franchised in an adjacentlocality; or (vii) an open video system that complies with § 653 of Title VIof the Communications Act of 1934, as amended, 47 U.S.C. § 573.
"Certificated provider of telecommunications services" means a personholding a certificate issued by the State Corporation Commission to providelocal exchange telephone service.
"Franchise" means an initial authorization, or renewal thereof, issued by afranchising authority, including a locality or the CommonwealthTransportation Board, whether such authorization is designated as afranchise, permit, license, resolution, contract, certificate, agreement, orotherwise, that authorizes the construction or operation of a cable system, atelecommunications system, or other facility in the public rights-of-way. Anegotiated cable franchise is granted by a locality after negotiation with anapplicant pursuant to § 15.2-2108.20. An ordinance cable franchise is grantedby a locality when an applicant provides notice pursuant to § 15.2-2108.21that it will provide cable service in the locality.
"Force majeure" means an event or events reasonably beyond the ability ofthe cable operator to anticipate and control. "Force majeure" includes, butis not limited to, acts of God, incidences of terrorism, war or riots, laborstrikes or civil disturbances, floods, earthquakes, fire, explosions,epidemics, hurricanes, tornadoes, governmental actions and restrictions, workdelays caused by waiting for utility providers to service or monitor orprovide access to utility poles to which the cable operator's facilities areattached or to be attached or conduits in which the cable operator'sfacilities are located or to be located, and unavailability of materials orqualified labor to perform the work necessary.
"Gross revenue" means all revenue, as determined in accordance withgenerally accepted accounting principles, that is actually received by thecable operator and derived from the operation of the cable system to providecable services in the franchise area; however, in an ordinance cablefranchise "gross revenue" shall not include: (i) refunds or rebates made tosubscribers or other third parties; (ii) any revenue which is received fromthe sale of merchandise over home shopping channels carried on the cablesystem, but not including revenue received from home shopping channels forthe use of the cable service to sell merchandise; (iii) any tax, fee, orcharge collected by the cable operator and remitted to a governmental entityor its agent or designee, including without limitation a local public accessor education group; (iv) program launch fees; (v) directory or Internetadvertising revenue including, but not limited to, yellow page, white page,banner advertisement, and electronic publishing; (vi) a sale of cable servicefor resale or for use as a component part of or for the integration intocable services to be resold in the ordinary course of business, when thereseller is required to pay or collect franchise fees or similar fees on theresale of the cable service; (vii) revenues received by any affiliate or anyother person in exchange for supplying goods or services used by the cableoperator to provide cable service; and (viii) revenue derived from servicesclassified as noncable services under federal law, including, withoutlimitation, revenue derived from telecommunications services and informationservices, and any other revenues attributed by the cable operator to noncableservices in accordance with rules, regulations, standards, or orders of theFederal Communications Commission.
"Interactive on-demand services" means a service providing videoprogramming to subscribers over switched networks on an on-demand,point-to-point basis, but does not include services providing videoprogramming prescheduled by the programming provider.
"Ordinance" includes a resolution.
"Transfer" means any transaction in which (i) an ownership or otherinterest in the cable operator is transferred, directly or indirectly, fromone person or group of persons to another person or group of persons, so thatmajority control of the cable operator is transferred; or (ii) the rights andobligations held by the cable operator under the cable franchise grantedunder this article are transferred or assigned to another person or group ofpersons. However, notwithstanding clauses (i) and (ii) of the precedingsentence, a transfer of the cable franchise shall not include (a) transfer ofan ownership or other interest in the cable operator to the parent of thecable operator or to another affiliate of the cable operator; (b) transfer ofan interest in the cable franchise granted under this article or the rightsheld by the cable operator under the cable franchise granted under thisarticle to the parent of the cable operator or to another affiliate of thecable operator; (c) any action that is the result of a merger of the parentof the cable operator; (d) any action that is the result of a merger ofanother affiliate of the cable operator; or (e) a transfer in trust, bymortgage, or by assignment of any rights, title, or interest of the cableoperator in the cable franchise or the system used to provide cable in orderto secure indebtedness.
"Video programming" means programming provided by, or generally consideredcomparable to, programming provided by a television broadcast station.
All terms used herein, unless otherwise defined, shall have the same meaningas set forth in Title VI of the Communications Act of 1934, 47 U.S.C. § 521et seq. In addition, references in this article to any federal law shallinclude amendments thereto as are enacted from time-to-time.
