§ 1. Definitions  


Latest version.
  • For the purpose of this ordinance, the following terms, phrases, words, abbreviations 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 the plural number include the singular number, and words in the singular number include the plural number.

    (a) "Broadband Telecommunication Network" ("BTN") or "System" shall mean all of the component, physical, operational and programming elements of any network of cable, optical electrical or electronic equipment, designed, constructed, wired or used for the purpose of producing, receiving, amplifying and transmitting by coaxial cable, fiber optics, microwave or other means audio and/or audio/visual electrical impulses of television, radio and other intelligences either analog or digital, including the cable television system, for sale or use by the inhabitants and businesses of the City, including without limitation antenna, cable, fiber, wires, lines, towers, amplifiers, conductors, converters, equipment, and facilities.

    (b) "City" shall mean the City of Wichita, Kansas, a municipal corporation of the State of Kansas, in its present incorporated form or in any later reorganized, consolidated, enlarged, or re-incorporated form.

    (c) "Council" shall mean the present governing body of the City or any future board constituting the legislative body of the City.

    (d) "Franchise" shall mean and include any authorization granted hereunder to construct, operate and maintain a BTN in the City.

    (e) "Grantee" shall mean Multimedia Cablevision, Inc. or any subsequent provider of cable television service governed by the provisions of this franchise.

    (f) "Facilities" shall mean cable lines, conduits, wires, cables, fiber, pipes, poles, towers, vaults and appliances, either under or above ground.

    (g) "Right-of-way" shall mean present and future streets, alleys, rights-of-way and public easements, including easements dedicated in plats of the City of Wichita, Kansas.

    (h) "Street right-of-way" shall mean the entire width between property lines of land, property or an interest therein of every way publicly maintained where any part thereof is open to the use of the public for purposes of vehicular traffic, including street, avenue, boulevard, highway, expressway, alley or any other public way for vehicular travel by whatever name.

    (i) "Property of grantee" shall mean all property owned, installed or used by the grantee in the conduct of a BTN in the City under the authority of this franchise.

    (j) "Cable" shall mean a cable television system as hereinafter defined.

    (k) "Cable Television System" shall mean a system of antennae, coaxial cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by wire, cable, fiber, or through its facilities as herein contemplated, all of which will be used to regularly supply the public with a service and which property, by the acceptance of this ordinance, Grantee will devote to the public use.

    (l) "Subscriber" shall mean any person or entity receiving for any purpose the cable service of Grantee.

    (m) "Gross Annual Receipts" shall mean any and all compensation and other consideration derived directly or indirectly by the Grantee, its affiliates, subsidiaries and parents, from the operation or use of all or part of the BTN operating within the City and franchised to the Grantee pursuant to this Ordinance, including, but not limited to, revenue from: subscribers who are residents of the City, service fees, auxiliary service fees, installation and reconnection fees, leased channel fees or other charges for any third party's use of the system, converter and other equipment rentals, personnel fees, studio rental and production equipment fees paid by residents of the City, interest income and extraordinary revenues, late payment charges or forfeited discounts, advertising revenues and other revenues from the operation of the BTN; provided, however, that this shall not include (i) revenues derived by any third party from its use of the system; or (ii) any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the Grantee on behalf of such governmental unit.

    (n) "Transfer" shall mean the sale, forced, involuntary, or voluntary; lease; assignment; disposition of, in whole or in part; merger or consolidation of Grantee; or the transfer of 25% or more of the beneficial ownership, stock ownership, or right to control the Grantee, either directly or indirectly during the term of this franchise, either in a single transaction or a series of transactions, to a single person or group of persons acting in concert, none of whom owned, beneficially or otherwise, ten percent (10%) or more of the Grantee at the time this franchise ordinance was approved.