Section 5.33.020 Definitions.

For the purposes of this ordinance, the following terms, phrases and words and their derivatives shall have the meaning specified herein. When not inconsistent with the context, the words used in the present tense include the future and words in the singular number include words in the plural number.

"Basic Service" shall mean all communications service provided by the operator, including the delivery of television broadcast signals required by the FCC, covered by the regular monthly charge paid by all subscribers, but shall not include any additional or optional service which is not regularly provided to all subscribers.

“Cable Act” shall mean the Cable Communications Policy Act of 1984, and the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996, including 47 U.S.C. Sec. 521 et. seq.

. "Cable Television System", "Cable Communication System", and “CATV System” shall mean a system composed of, without limitation, antenna, cables, wires, lines, towers, wave guides, or other conductors, converters, equipment or facilities designed, constructed or used for the purpose of producing, receiving, amplifying and radio, television or other electronic or electrical signals to and from persons, subscribers and locations within the franchise area. Notwithstanding anything contained in this Ordinance to the contrary, in the event that the operator provides IP/TV or cable services via a telecommunications network infrastructure owned, operated and maintained by a third party, the telecommunications network infrastructure owned and/or controlled by a third party, and the rights, duties and obligations of any such third party with respect thereto, shall be governed exclusively by the terms and conditions of the Telecommunication franchise agreement between such third party and the City.

. "City" shall mean the City of Vernal, Utah, and such reorganized, consolidated, enlarged or reincorporated form as may exist during the term of a franchise. Any act to be performed by the City pursuant to this ordinance shall be deemed to be performed by authority of the City Manager of the City unless otherwise specifically designated or unless the City's City Council shall specifically designate other individuals or governmental agencies to perform such acts.

. “Gross Revenues or Gross Subscriber Revenues” means all revenue, unless prohibited by the Cable Act, received by the franchisee from the operation of the cable television system, IPTV system, or IPTV system in the service area, provided, however that such phrase shall not include any fees or taxes which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency in which are collected by the franchisee on behalf of such governmental unit or agency. Moneys received by franchisee for other services such as equipment rental fees, advertising insertion fees, data services or traditional voice telephone services are not included in the definition of Gross Revenues or Gross Subscriber Revenues for purposes of this Ordinance.

“IPTV” shall mean Internet Protocol Television, a system where digital broadcast television service is delivered or re-transmitted using internet protocol over a network infrastructure, which may include delivery of video and sound products by broadband connection.

. “IPTV System” means a system composed of, without limitation, antenna, cable wires, lines, towers, wave guides or any other conductors, converters, equipment or facilities designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by telecommunications network infrastructure, radio, television or other electronic or electrical signals to and from persons, subscribers and locations within the franchise area.

. "Network" shall mean the cable television system authorized by this franchise ordinance and all of the component physical, operational and technical elements of any network of cables, optical fibers, electrical or electronic equipment or facilities used for the purpose of transmission of electrical impulses of television, radio and other intelligence for sale or use by subscribers to the network in the service area.

"Revenues" shall mean all revenues, fees, payments and charges received by an operator, its affiliates or subsidiaries from subscribers to the network in connection with providing basic or additional or optional service within the service area.

"Street or Streets" shall mean such of the following which have been dedicated or deeded to the public or hereafter dedicated or deeded to the public and maintained under public authority and located within the service area: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the City shall permit to be included within the definition of street from time to time. This definition shall not include streets and other improvements not dedicated or deeded to the City including but not limited to streets and improvements owned or maintained by the State of Utah, Uintah County, or private parties.