Section 5.34.020 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.

A. "Additional Service or Optional Service" shall mean any communications service provided by the operator for which a special charge is made based on program or service content, or time or spectrum space usage, and shall include all services offered by the operator that are not included within the basic service.

B. "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.

E. "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.

G. "Franchise" shall mean the agreement between the City and any person or entity which incorporates and implements the privileges and covenants of this franchise ordinance.

I. "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.

K. "Person" shall mean any individual, partnership, association, organization, labor organization, corporation, cooperative, legal representative, trustee or receiver.

L. "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.

P. "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.

Q. "Subscriber" shall mean any person who with the knowledge and permission of an operator, receives either basic service or additional or optional service from the operator.