Code of Ordinances

Of Union County, Illinois.

8-1-2 Definitions

For the purpose of this Chapter, the following terms shall be given these definitions:

(A) “Act” means the Federal Communications Act of 1934, as amended.

(B) “Board” means the Board of Commissioners of the County.

(C) “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 of such video programming or other programming service.

(D) “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 to Subscribers within the County; provided, however, Cable System does not include the following:

  1. a facility that serves only to re-transmit the television signals of one or more television broadcast stations; and
  2. a facility that serves only Subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility uses any Public Right-of-Way; and
  3.  a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Act; provided, however, that such a facility shall be considered a Cable System (other than for purposes of Section 621(c) of such Act) to the extent 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; and
  4. an open video system that complies with Section 653 of Title VI of the Act; and
  5. a facility of an electric utility used solely for operating its electric utility system.

(E) “County” means the County of Union, Illinois.

(F) “Franchise” means an initial authorization, or renewal of such authorization, by the County which authorizes the construction or operation of a Cable System within the Franchise Area by a Franchisee.

(G) “Franchise Agreement” means a written agreement by and between the County and a Franchisee regarding a Franchise.

(H) “Franchise Area” means the unincorporated portions of the County.

(I)  “Franchise Fee” means any tax, fee or assessment imposed by the County on a Franchisee solely because of such Franchisee’s status as a Franchisee; provided, however, Franchise Fee shall not include the following:

  1. Any tax, fee or assessment of general applicability; and
  2. Capital costs incurred by a Franchisee associated with the installation or maintenance of PEG Access Facilities required under this Chapter or a Franchise Agreement; and
  3. Requirements or charges incidental to the awarding or enforcing of a Franchise as provided for or required under this Chapter or a Franchise Agreement including, but not limited to, payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; and
  4. Any fee imposed pursuant to federal law.

(J) “Franchisee” means any Person holding a Franchise pursuant to this Chapter and any lawful successor or assign of such Person.

(K) “Gross Revenues” means all revenues of a Franchisee derived from the operation of a Cable System within the County; provided, however, Gross Revenues shall not include any Franchise Fee collected by a Franchisee from Subscribers.

(L) “PEG Access Facilities” means:

  1. Channel capacity for public, educational or governmental use; and
  2. Facilities and equipment for the use of such channel capacity.

(M) “Person” means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.

(N) “Public Right-of-Way” means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses now or hereafter held by the County in the Franchise Area.

(O) “Subscriber” means a Person who lawfully receives Cable Service from a Franchisee.

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