Sec. 80-31Definitions

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

Cable services means cable service as defined in the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and as may be further amended from time to time (referred to in this article as the Cable Act), but does not include telecommunications services. If the term "cable services" is no longer defined in the Cable Act or the definition in the Cable Act otherwise becomes inapplicable, the term "cable services" shall mean cable services as defined in the Cable Act immediately prior to such term no longer being defined in the Cable Act or such definition otherwise becoming inapplicable.

Cable system means any cable system as defined in the Cable Act.

City council means the city council of the city and its designee or any successor thereto.

Franchise means an initial authorization, or renewal thereof, issued by the city, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the occupation and use of the streets to provide cable services through a cable system or open video system.

Grantee means the legal entity to which is granted the right, authority, and responsibility to construct, install, operate, and maintain a system of equipment as necessary to furnish, supply, and distribute cable services to inhabitants within the franchise area.

Open video system means open video system as defined by 76 CFR 76.1500(a).

Person means any individual or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for profit or not for profit, but shall not mean the city.

Streets means the surface of, as well as the spaces above and below, any and all streets, alleyways, avenues, highways, boulevards, driveways, bridges, tunnels, parks, parkways, public grounds or waters, and other public rights-of-way within or belonging to the city.

Telecommunications service means telecommunications service as defined by 47 USC 153(46) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, but does not include cable services. If the term "telecommunication service" is no longer defined in the Communications Act or the definition in the Communications Act otherwise becomes inapplicable, the term "telecommunications service" shall mean telecommunications service as defined in the Communications Act immediately prior to such term no longer being defined in the Communications Act or such definition otherwise becoming inapplicable.

History: (Ord. No. 00-06, § 1.1, 12-5-2000)

Cross reference— Definitions generally, § 1-2.

State Law reference— Definitions, O.C.G.A. § 36-90-2.