§ 8AA-2. Definitions.

Any word or term defined in the Communications Act but not defined below shall have the meaning set forth in the Communications Act.

(a)

Communications Act shall mean the federal Communications Act of 1934, 47 U.S.C. para. 151 et seq. as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and as those Acts may be hereinafter be amended (collectively the "Communications Act").

(b)

Cable service shall mean the one-way transmission to subscribers of video programming or other programming services, and the subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

(c)

Cable system shall mean 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 term does not include:

(1)

A facility that serves only to retransmit the television signal of one (1) 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 provisions of Title II of the Communications Act, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the Communications 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;

(4)

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

(5)

An open video system that complies with Section 653 of the Telecommunications Act, as amended.

(d)

Channel or cable channel shall mean those channels engineered at the headend of a cable system for the provision of cable services generally available to subscribers of the cable system, regardless of whether such services are actually provided, including any channels designated for public, educational, or governmental use.

(e)

Commission shall mean the Board of County Commissioners of Miami-Dade County, or its representative.

(f)

Reserved.

(g)

County shall mean Miami-Dade County, Florida.

(h)

County Manager shall mean the Miami-Dade County Manager, as appointed by the Board of County Commissioners of Miami-Dade County.

(i1)

Director shall mean the Consumer Services Department Director or the Director's designee.

(i2)

Distribution system shall include all means of transmission of all signals.

(j)

Drop shall mean the individual connection or cable from the distribution system to each individual household or connection.

(k)

Easement dedicated for compatible use means all easements that a cable operator is authorized by State, federal, or local law to use in operating its cable system.

(l)

Federal Communications Commission (FCC) shall mean that agency as presently constituted by the United States Congress, or any successor agency.

(m)

Reserved.

(n)

Interconnect shall mean the electronic connection of two (2) or more different cable systems licensed by Miami-Dade County for the purpose of sharing public, educational, and/or governmental (PEG) programs or other PEG signals.

(o)

License shall mean the license granted to the applicant for permission to install, maintain and operate cable systems in Miami-Dade County.

(p)

Reserved.

(q)

Licensee shall be the corporation, partnership, individual, or other entity granted a license for the installation, maintenance and operation of a cable system(s) by the Board of County Commissioners.

(r)

Person shall mean any individual, partnership, corporation, or other legally recognized entity, whether for-profit or not-for-profit.

(s)

Reserved.

(t)

Property owner means any individual, association, or business entity that owns or controls an apartment building, condominium, mobile home, duplex, single-family home, or other property.

(u)

Satellite master antenna television system or SMATV shall mean a facility or combination of facilities that serves only subscribers in one or more multiple unit dwellings unless such facility or facilities use any public right-of-way, public property, public easement, or other easement whose use is regulated by government.

(v1)

Shall and will are mandatory, not merely directive.

(v2)

State-of-the-Art shall mean a level of technical performance, equipment, components and services which has been developed and demonstrated to be generally accepted and used in any other community in the State of Florida served by Licensee, its parents or affiliates, but excluding "tests" involving new products offered for one year or less. To qualify as State-of-the-Art a system must have no less than 750 MHz with 50 to 750 MHz downstream and 5 to 40 MHz upstream activated. Nothing herein shall be construed to require a licensee to employ any specific transmission technology.

(w)

Subscriber shall mean any person lawfully receiving for any purpose any service provided by the cable operator.

(x)

System facilities shall mean the physical plant and equipment constructed, operated and maintained by the licensee for the purpose of producing, receiving, amplifying and distributing radio, television and electronic signals to and from subscribers in connection with a cable system located within Miami-Dade County.

(y1)

Sunshine State One Call of Florida, Inc. shall mean a bona fide underground notification program recognized by Miami-Dade County.

(y2)

Two-Way Capability shall mean the incorporation into a Cable System of all appropriate design and engineering characteristics and features, including all necessary equipment, which shall be installed and operational, so that two-way transmission, including but not limited to addressability, over the System can be implemented and activated.

(z)

Weighted pro rata share of all Miami-Dade County subscribers shall mean the percentage of the individual licensee's subscribers relative to all subscribers in Miami-Dade County. Where a system offers bulk rates to multiple-outlet subscribers, such as apartment house or motel operators, each bulk-rate contract is viewed as a number of subscriptions to be calculated by dividing the total annual charge for the bulk-rate contract by the system's basic annual subscription rate for an individual household. For example, if a cable television system charges an apartment house operator one thousand dollars ($1,000.00) a year for a bulk-rate contract and charges individual households a basic rate of fifty dollars ($50.00) per year, the bulk-rate contract is counted as twenty (20) subscriptions (i.e., 1,000 ° 50 = 20).

(Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 2, 9-15-92; Ord. No. 01-44, § 1, 3-20-01; Ord. No. 01-109, § 2, 6-19-01; Ord. No. 03-122, § 1, 5-6-03)