§ 17.5-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Basic cable means the tier of cable service that includes the retransmission of local broadcast television signals.

Cable Act collectively means 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 as may be further amended from time to time.

Cable operator means any person:

(1)

Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or

(2)

Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

Cable service means:

(1)

The one-way transmission to subscribers of video programming or other programming service; and

(2)

Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

Cable 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 a community; but such definition does not include:

(1)

A facility that serves only to retransmit the television signals of one or more television broadcast stations;

(2)

A facility that serves subscribers without using any public right-of-way.

(3)

A facility of a common carrier which is subject, in whole or in part, to the provision of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the Cable Act) to the extent that such facility is used in the transmission of video programming directly to subscribers unless the extent of such use is solely to provide interactive on-demand services;

(4)

An open video system that complies with Section 653 of the Cable Act; or

(5)

Any facilities of any electric utility used solely for operating its electric utility systems.

County means Marion County, Florida.

County engineer means the county engineer, or his designee, or any successor to the powers of the county engineer.

County administrator means the county administrator, or his designee, or any successor to the powers of the county administrator.

FCC means the United States Federal Communications Commission or successor entity thereto.

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 night per week and/or some weekend hours.

Normal operating conditions means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include but are not limited to natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include but are not limited to special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

Person means an individual, corporation, general or limited partnership, joint venture, governmental instrumentality or agency, trust or other legal entity.

Service interruption means the loss of picture or sound on one or more cable channels.

Subscriber means a person who is lawfully entitled to receive any service delivered over a cable system.

(Ord. No. 01-15, 8-7-2001)