§ 1001. Definitions.

For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not directory.

A.

Basic Cable Service Rates. Monthly charges for a subscription to the Basic Cable Service Tier, including charges for associated equipment.

B.

Basic Cable Service Tier. Any category of separately available cable service provided by a Cable Operator to which subscription is required for access to any other tier of service and which includes the retransmission of local television broadcast signals, any public, educational and governmental programming and any additional video programming signals added by a Cable Operator.

C.

Benchmark. The per Channel rate of charge for cable television service and associated equipment which the FCC has determined to be reasonable.

D.

Cable Act. The Communications Act of 1934, as amended by the Cable Television Consumer Protection and Competition Act (Public Law No. 102-385, 1992) and as the same may hereafter be amended.

E.

Cable Operator. Any person or group of persons granted a permit or franchise by the City to construct, operate or maintain a cable television system utilizing public ways within the corporate limits of the City and:

1.

Who provides cable television service over a cable system and directly, or through one (1) or more affiliates, owns a significant interest in such a cable system; or

2.

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

F.

Channel. A portion of the electromagnetic frequency spectrum which is used as a unit of cable television service identified and selected by a number or similar designation.

G.

City. The City of Tulsa, Oklahoma, a municipal corporation in its present incorporated form or in any other reorganized or changed form.

H.

Cost-of-Service Showing. A filing in which a Cable Operator attempts to show that the Benchmark rate or the Price Cap is not sufficient to allow the Cable Operator to fully recover the costs of providing the Basic Cable Service Tier and to continue to attract capital.

I.

Council. The City Council of the City or any body constituting in the future the legislative body of the City.

J.

FCC. The Federal Communications Commission or its successor.

K.

Initial Basic Cable Service Rates. The rates that a Cable Operator is charging for the Basic Cable Service Tier, including charges for associated equipment, in accordance with applicable federal law, at the time the City notifies the Cable Operator of the City's qualification and intent to regulate Basic Cable Service Rates.

L.

Person. An individual, corporation, partnership, association, joint stock company, trust corporation or governmental entity.

M.

Price Cap. The ceiling set by the FCC on future increases in Basic Cable Service Rates regulated by the City, based on a formula using the Gross National Product fixed weight price index, reflecting general increases in the cost of doing business and changes in overall inflation.

N.

Reasonable Rate Standard. Any per Channel rate that is at, or below, the Benchmark or Price Cap level.

(Ord. No. 18125)