§ 6.08.020. Definitions and word usage.

For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, Chapter 5, Subchapter V-A, 47 U.S.C. Sections 521 et seq., as amended, and, if not defined therein, their common and ordinary meaning.

"Access channel" means any channel on a cable system set aside by a franchisee for public, educational, or governmental use.

"Affiliate" means any person who owns or controls, is owned or controlled by, or is under common ownership or control with a franchisee. For purposes of Sections 6.08.040(B)(3)(g) and (D)(1), 6.08.070(A)(1), (C)(1) (except for Section 6.08.070(C)(1)(a) as it relates to Gross Revenues) and (C)(3)(b), and 6.08.140(B)(2)(d) hereof only, "affiliate" means only such persons who are directly involved in the management or operation of the cable system in Metropolitan Nashville.

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

"Cable act" means the Cable Communications Policy Act of 1984, 47 U.S.C. Sections 521 et seq., as amended from time to time.

"CATV special committee" means the committee specifically described in Section 6.08.080(A).

"Council" means the present metropolitan county council of the metropolitan government or any successor to the legislative powers of the present council.

"Educational access channel" means any channel on a cable system set aside by a franchisee for educational use.

"FCC" means the Federal Communications Commission, its designee, or any successor governmental entity thereto.

"Franchise" means a nonexclusive authorization granted in accordance with this chapter to construct, operate, and maintain a cable system along the public rights-of-way and provide cable service within all or a specified area of Metropolitan Nashville. Any such authorization, in whatever form granted, shall not mean or include or be in lieu of, any franchise or permit required for the privilege of transacting and carrying on a business within Metropolitan Nashville as required by the ordinances and laws of Metropolitan Nashville, or for attaching devices to poles or other structures, whether owned by Metropolitan Nashville, Nashville Electric Services or a private entity, or for excavating or performing other work in or along public rights-of-way. Unless a franchise agreement so provides, a franchise shall not include, or be in lieu of, the franchise required by Ordinance No. 094-1103.

"Franchise agreement" means a contract entered into in accordance with the provisions of this chapter between Metropolitan Nashville and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be exercised.

"Franchise area" means the area of Metropolitan Nashville that a franchisee is authorized to serve by its franchise agreement.

"Franchisee" means a natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a cable communications franchise by the mayor and council of Metropolitan Nashville.

"Governmental access channel" means any channel on a cable system set aside by a franchisee for government use.

"Metropolitan Nashville" means the Metropolitan Government of Nashville and Davidson County.

"Person" means an individual, partnership, association, joint stock company, organization, corporation, or any lawful successor thereto or transferee thereof, but such term does not include Metropolitan Nashville.

"Public access channel" means any channel on a cable system set aside by a franchisee for use by the general public, including groups and individuals, and which is available for such use on a nondiscriminatory basis.

"Sale" means any sale, exchange, or barter transaction.

"Section" means any section, subsection or provision of this chapter.

"Subscriber" means any person who legally receives any service delivered over a cable system.

"Transfer" means any transaction in which: (1) any ownership or other right, title, or interest of fifty percent or more in a franchisee, its franchise, or its cable system is sold, assigned, leased, sublet, or otherwise transferred, either directly or indirectly, in whole or in part, or any lesser ownership, right, title or interest is sold, assigned, leased, sublet, or otherwise transferred to a person holding a minority interest in a franchisee, its franchise, or its cable system such that such person would hold fifty percent or more interest upon consummation of such transaction; or (2) there is any change, acquisition, or transfer of control of the franchisee; or (3) the rights and/or obligations held by the franchisee under its franchise are transferred, directly or indirectly, to another party; or (4) any change or substitution occurs in the managing general partners of the franchisee.

"Control" for purposes of this section means the legal or practical ability to exert actual working control over the affairs of a franchisee, franchisee or applicant, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lesser ownership interest, or in any other manner.

"Transmission of video programming directly to customers" means the delivery of programming to customer premises equipment, whether or not that programming is selected, controlled, or marketed to customers by the entity that delivers it.

"User" means a person or organization utilizing a channel or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.

(Ord. BL2013-396 § 1, 2013; Ord. 95-1368 § 2 (part), 1995)