20-1-103. DEFINITIONS.
For the purposes of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(1) City shall mean West Valley City, State of Utah and all the territory within its present and future boundaries and including any area over which the City exercises jurisdiction.
(2) Cable Communications System, System, or Systems, also referred to as Cable Television System, Cable System, CATV System, or Community Antenna TV System, shall mean a system of antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment and facilities designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing audio, video and other forms of electronic or electrical signals within the City.
(3) Franchise shall mean the right granted to the Grantee by which the City authorizes the Grantee to erect, construct, reconstruct, operate, dismantle, test, use and maintain a Cable Communications System in the City. The Franchise awarded is a nonexclusive Franchise.
(4) Grantee shall mean TCI Cablevision of Utah, Inc., its agents, employees, lawful successors, transferees or assignees.
(5) Grantor means the City.
(6) Franchise Fees means any tax, fee or assessment of any kind imposed by the City on the Grantee solely because of its status as a Franchisee. The term "Franchise Fee" does not include:
a. Any tax, fee, or assessment of general applicability, including any such tax, fee, or assessment imposed on both utilities and cable operators or their services;
b. Capital costs which are required by the Franchise to be incurred by Grantee for public, educational and governmental access facilities;
c. Requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
d. Any fee imposed under Title 17, United States Code.
(7) Gross Revenues shall mean all cash, credits, property of any kind or nature or other consideration received directly or indirectly by the Grantee, arising from or attributable to operation of the Cable Television System in the City, including but not limited to:
a. Revenue from all charges for services provided to subscribers of entertainment and non-entertainment services (including leased access fees);
b. Revenue from all charges for the insertion of local commercial advertisements upon the Cable Television System;
c. Revenue from all charges for the leased use of studios;
d. Revenue from all charges for the installation, connection and rein-statement of equipment necessary for the utilization of the Cable Television System and the provision of subscriber and other services; and
e. The sale, exchange or use or cablecast of any programming developed for community use or institutional users.
Gross Revenues shall include, value at retail price levels, the value of any goods, services, or other remuneration in non-monetary form, received by the Grantee in consideration for performance by the Grantee of any local advertising or other service in connection with the Cable Television System in the City.
(8) Leased Access shall mean the use on a fee-for-service basis of the Cable Television System by business enterprises (whether profit, nonprofit or governmental) to render services to the citizens of the City and shall include without limitation all use pursuant to Section 612 of the Cable Communications Policy Act of 1984 (47 U.S.C. §§ 521, et seq.).
(9) Person means any individual, corporation, partnership, association, joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof.
(10) Subscriber means any person who legally receives any one or more of the services provided by the Cable Communications System.
(11) Street shall mean the surface of and the space above and below any public street, road, highway, easement, lane, path, alley, court sidewalk, parkway, rights of way, or driveway now or hereafter existing as such within the City and over which the City has jurisdiction.