“A/B switch” or “Input selector switch” means any device that enables a viewer to select between a multi-channel service and off-the-air television signals. Such a device may be more sophisticated than a mere two-sided switch, may utilize other multi-channel system interface equipment, and may be built into television receivers.

“Alternative user charge” means a charge used in place of a franchise fee that the City requires as payment for the privilege of using the streets, easements, public ways, or rights-of-way, of the City in order to construct, maintain, and operate a multi-channel system. An alternative user fee is not based on an MCS provider’s gross annual revenues (as is the case in a franchise fee), but rather is based on the value of the City property that an MCS provider is using to construct, maintain, and operate its multi-channel system in the event that franchise fees, or their collection are ruled invalid, unconstitutional or otherwise unenforceable.

“Annual gross revenues” or “gross revenues” means any and all revenue in whatever form, from any source, directly received by the Grantee or Affiliate of the Grantee that would constitute a Cable Operator of the Cable System under the Cable Act, derived from the operation of the Cable System to provide Cable Services in any manner that requires use of the Public Ways in the Service Area. Annual gross revenues or gross revenues include, but are not limited to, basic, expanded basic and pay service revenues, revenues from installation, rental of converters, the applicable percentage of the sale of local and regional advertising time, and any leased access revenues. Annual gross revenues or gross revenues do not include any fees or taxes which are imposed directly or indirectly on any Subscriber by any governmental unit or agency, and which are collected by the Grantee on behalf of a governmental unit or agency. Annual gross revenues or gross revenues do not include franchise fees, or revenue which cannot be collected by the Grantee and are identified as bad debt; provided, that if revenue previously representing bad debt is collected, this revenue shall be included in the gross revenues for the collection period.

“Applicant” means a person submitting an application or proposal to the City for a new license or franchise (where required and where permitted by law) to operate a multi-channel system under the terms and conditions set forth in this Chapter, and any State regulations. “Applicant” does not include a person submitting an informal proposal for renewal of an existing license or franchise to operate a multi-channel system under the terms and conditions set forth by applicable federal law.

“Application” or “proposal” are synonymous for the purposes of this Chapter. An “application” or “proposal” means the process by which the applicant submits a request and indicates a desire to be granted a license or franchise (where required and where permitted by law) for all, or a part, of the City. An “application” or “proposal” includes all written documentation, and verbal statements and representations, in whatever form or forum, made by an applicant to the Council/franchising authority concerning the construction, rendering of services, maintenance, or any other matter pertaining to the proposed multi-channel system.

“Assignment of a franchised MCS provider’s franchise” or “Transfer of a franchised MCS provider’s franchise” means:

“Auxiliary equipment” means equipment supplied by the MCS provider (such as a converter, remote control unit, or input selector switch), which enhances or assists in the reception or provision of multi-channel service.

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

“Cable channel” or “Cable television channel” or “channel” means a portion of the electromagnetic which is used in a cable system and which is capable of delivering a television channel (as “television channel” is defined by the FCC by regulation).

“Cable operator” or “operator” means any person or group of persons who:

“Cable service” means:

“Cable system” or “Cable television 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 the City. However, such terms do not include the following:

“CCPA” means the Cable Communications Policy Act of 1984, as amended.

“Charge” means a one-time or non-regularly occurring cost paid by the subscriber, and which is associated with the installation, maintenance, service, or repair of the multi-channel service.

“City” or “Provo City” means the City of Provo, Utah.

“Collection charge” means a charge or fee imposed on a subscriber by an MCS provider for such provider’s efforts at collecting, or attempting to collect, a past due account.

“Converter” means any electric, electronic, or other device, separate and apart from the subscriber’s receiver that is capable of converting or changing signals to a frequency not intended to be susceptible to interference within the television, video, or data receiver of a subscriber, and by an appropriate channel or other type of selector may also permit a subscriber to view or otherwise use signals delivered at designated dial locations, or such other reception and use allocations as may be applicable and required for the practical use of the signal.

“Council” or “Council/franchising authority” means the Municipal Council of the City of Provo, Utah.

“Customer” means a potential subscriber, or actual subscriber, or actual user of the services and/or facilities of the multi-channel system provided by an MCS provider.

“DBS” means direct broadcasting satellite.

“DBS provider” or “Direct Broadcast Satellite provider” means any person who delivers and/or provides multi-channel services from a satellite to a subscriber’s residence through the use of a small earth or satellite station.

“Decoder” or “Descrambler” means a device which enables a subscriber to convert a scrambled signal into a viewable or otherwise useable signal.

“Disaster emergency,” “Disaster” or “Emergency” means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of all, or a representative portion of the residents of the City is threatened. A “disaster emergency” (by illustration) may include a snowstorm, flood, tornado, severe thunderstorm, hazardous waste infiltration, petroleum or nuclear explosion, or aircraft crash.

“Drop” means a small branch of cable, or other transmitting medium which connects the terminals on the back of the subscriber’s receiver to the feeder cable or future technical equivalent on the street, easement, rights-of-way, or public way.

“Easement” means and shall include any public easement or other compatible use created by dedication, or by other means, to the City for public utility purposes or any other purpose whatsoever, including cable television, or any other MCS provider. “Easement” shall include a private easement used for the provision of cable service or any other multi-channel service.

“FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to oversee cable television and other multichannel regulation on a national level.

“Fiber optics” means very thin and pliable cylinders, or strands of glass or plastic, or any future developed technical equivalent, used to carry wide bands of multiple frequencies.

“Franchise” means the initial authorization, or subsequent renewal thereof (including a renewal of an authorization which has been granted subject to Section 626 of the CCPA [47 USCS § 546]), issued by the Council/franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system in order for a person to construct, and/or operate, and maintain a cable system in all, or part, of the City.

“Franchised MCS provider” means a person that is awarded a franchise by the Council/ franchising authority to construct and operate a franchised multi-channel system, within all, or part, of the City. The term “franchised MCS provider” specifically includes the term “cable operator.”

“Franchise expiration” or “expiration of a franchise” means the date of expiration, or the end of the term of a franchised MCS provider, as provided under a franchise agreement.

“Franchise fee” means a fee or charge that the City requires as payment for the privilege of using the streets, rights-of-way, public ways, and easements of the City in order to construct, maintain, and operate a franchised MCS system.

“Franchising authority” or “Council/franchising authority” means the Municipal Council of the City of Provo, Utah. This definition specifically includes the situation wherein the Council in its franchising authority capacity grants a franchise, or renews a franchise, or approves a franchise transfer by an applicant for an MCS franchise, or a franchised MCS provider.

“Head end” means the electronic control center, where incoming signals, including those of television broadcast stations are amplified, modulated, filtered, converted, or in any way processed or converted for redistribution to subscribers. The “head end” processes the multi-channel system’s return capability and provides interface between the subscriber and institutional networks or any other networks, transmission, or retransmission facilities.

“Institutional network” means a communications network which is constructed and operated by the MCS provider and which is generally available only to subscribers who are not residential subscribers.

“Interactive on-demand services” means a service providing video programming to subscribers over switched networks on an on-demand, point to point basis, but does not include services providing video programming prescheduled by the programming provider.

“Late charge” means a charge which is added to a subscriber’s account or bill for non-payment of a previously due and delinquent account.

“Mayor” means the mayor for the City of Provo, Utah, or the Mayor’s designee.

“MCS” means multi-channel service.

“MCS provider” or “Multi-channel service provider” means any person or group of persons who:

The term “MCS provider” or “multi-channel service provider” specifically includes the terms “cable operator,” “MDS provider” or “multi-point distribution system provider,” “MMDS provider,” and “SMATV operator” except as specifically exempted in this Chapter or by state or federal law. For purposes of this Chapter, the term “MCS provider” shall apply to Provo City only when Provo City is itself providing retail multi-channel communications services over a multi-channel system and has not been exempted from such application by any provision of federal, state or local law and when such application is necessary to prevent unfair competition for MCS providers in the Service Area.

“MDS” means multi-point distribution system.

“MDS provider” or “Multi-point distribution system provider” means any person or group of persons who is authorized by the FCC to transmit (via Super High Frequency) specialized multi-channel programming or data or facsimile transmission to subscriber-selected locations.

“Multi-channel programming service” or “multi-channel service” means:

“Normal business hours” means those hours during which most similar businesses in the community are open to serve customers. In all cases, “normal business hours” must include some evening hours at least one (1) night per week and/or some weekend hours.

“Ordinance” means the Multi-Channel Service Providers Regulatory Chapter for the City of Provo, Utah which also includes the former term of Multi-Channel Service Providers Regulatory Ordinance for the City of Provo.

“Other programming service” means information that an MCS provider (specifically including a cable operator) makes available to all subscribers generally.

“Pay-per-view” or “Premium channel” means the delivery over the multi-channel system of audio and/or video signals in an unintelligible form to subscribers for a fee or charge (over and above the charge for standard or basic service) on a per program, or per channel basis where said unintelligible or unusable form for viewing is made intelligible only to subscribers paying a separate fee or charge for the viewing or use of the signals.

“Person” means any individual, corporation, joint stock company, business trust, estate, trust, partnership, association of two (2) or more persons having a joint common interest, governmental entity, agency, or other legal entity, but not including the City.

“Proposed abandonment of multi-channel service” or “Proposed withdrawal of multi-channel service” or “Proposed cessation of multi-channel service” means the anticipated, contemplated, imminent, or expected (either voluntary or involuntary) disruption, discontinuance, desertion, or removal of an MCS provider’s operation and provision of multi-channel service from all, or part, of the City for a projected period exceeding three (3) months in duration.

“Public, educational or governmental access facilities” means:

“Public way” means any public street, public way, public place, or rights-of-way, now laid out or dedicated, and all extensions thereof, and additions thereto, in the area served by the MCS provider.

“Rate” means the monthly, bimonthly, quarterly, semiannual, annual, or other periodic price paid by a subscriber in order to receive standard or basic, tiered, clustered, premium, or pay-per-view multi-channel service.

“Revocation,” “Termination,” or “Non-renewal” means an official act by the City whereby the Council/franchising authority removes, repeals, or rescinds previously approved authorization for a licensed or franchised MCS provider to conduct the running of a multi-channel system within the City.

“Service Area” means the present municipal boundaries of the Provo City, Utah, and shall include any additions thereto by annexation or other legal means.

“Service cluster” means the grouping, aligning, or packaging of one (1) or more multi-channel programming services by category (such as sports and/or news), or by rate, or by some other identifiable method, and charging a separate price or rate for each service cluster.

“Service day” means any day or other twenty-four (24) hour period, other than a Sunday, in which employees of the MCS provide regularly respond to service requests and calls.

“Service outage” or “service interruption” means the loss of picture or sound on one or more cable channels.

“Service tier” means a category of multi-channel service or other programming service provided by an MCS provider, and for which a separate rate is charged by an MCS provider.

“SMATV” means Satellite Master Antenna Television.

“SMATV operator” or “Satellite Master Antenna Television operator” means any person or group of persons who:

“SMATV system” means a private multi-channel system not crossing any public rights-of-way and which is located on private property, and serving private dwellings. Multichannel programming services are obtained via an earth station, amplification, and a distribution system.

“State” means the State of Utah.

“Street” means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by the City, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchise authority in the service area (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel and shall include other easements or rights-of-way now or hereafter held by the City (including any easements or rights-of-way acquired by eminent domain) which shall, with their proper use and meaning, entitle the City and MCS provider to use thereof for the purpose of installing or transmitting multi-channel system transmissions over poles, wires, cable, conductors, ducts, conduits, viaducts, manholes, amplifiers, appliances, attachments, and other property as may ordinarily be necessary and pertinent to a multi-channel system subject to the provisions of Section 6.22.010, Provo City Code.

“Subscriber” means a person lawfully receiving multichannel service delivered by the MCS provider.

“USC” means United States Code.

“Video programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

“Wireline exclusivity” means a situation whereby a supplier of a multi-channel service (standard, basic or premium) enters into an exclusive contract or agreement with an MCS provider, and thereby prevents a second or multiple MCS provider from gaining access to that multi-channel service.

“Work day” means a day in which the Council offices are regularly open for business.

“Chapter” means the Multi-Channel Service Providers Regulatory Chapter for the City of Provo, Utah which also includes the former term of Multi-Channel Service Providers Regulatory Ordinance for the City of Provo.