§ A155-2. Definitions.

For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural.

APPLICATION

The application for renewal of municipal consent filed with the borough on or about November 3, 1995.

BOARD

The Board of Public Utilities of the State of New Jersey.

CABLE COMMUNICATIONS SYSTEM

Any communications service other than cable television reception service delivered through the facilities of a CATV system and for which charges in addition to or other than those made for cable television reception service are made or proposed to be made.

CABLE TELEVISION COMPANY or CATV COMPANY

Any person owning, controlling, operating, or managing a cable television system. The term "person" as used herein shall be construed, without limiting the generality thereof, to include specifically any agency or instrumentality of this state or of any of its political subdivisions; but this definition shall not include a telephone, telegraph or electric utility company regulated by the Board in a case where it merely leases or rents or otherwise provides to a CATV company wires, conduits, cables or pole space used in the redistribution of television signals to or toward subscribers or customers of such CATV company.

CABLE TELEVISION SYSTEM OR CATV SYSTEM

Any facility within this state which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution to members of the public who subscribe to such service; or distributing through its facility any television signals, whether broadcast or not; or any part of such facility. The term "facility" as used in this section includes all real property, antennas, poles, wires, cables, conduits, amplifiers, instruments, appliances, fixtures and other personal property used by a CATV company in providing service to its subscribers and customers.

BOROUGH

The Borough of Andover, County of Sussex, State of New Jersey, and shall include, as appropriate, the governing body of the borough.

COMPANY

The grantee of rights under this ordinance awarding a franchise and is known as "Service Electric Cable TV of New Jersey, Inc."

FEDERAL ACT

That federal statute relating to cable communications commonly known as "47 U.S.C. § 521 et seq.," or as that statute may be amended.

FEDERAL REGULATIONS

Those federal regulations relating to cable television service, 47 CFR 76.1 et seq., and, to the extent applicable, any other federal rules and regulations relating to cable television, including but not limited to those described in 47 CFR 76.3, or as such regulations may be amended.

FCC

The Federal Communications Commission.

HIGHWAY

Includes every street, road, alley, thoroughfare, way or place of any kind used by the public or open to use by the public.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

STATE ACT

That statute of the State of New Jersey relating to cable television, known as the "Cable Television Act," N.J.S.A. 48:5A-1 et seq., or as that statute may be amended.

STATE REGULATIONS

Those regulations of the Board relating to cable television, N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1.1 et seq., or as such state regulations may be amended.

SUBSCRIBER REVENUES

Those revenues derived from all recurring charges in the nature of subscription fees paid by subscribers located within the borough for cable television reception service for which no separate or additional charge is made, i.e., basic cable service. Subscriber revenues shall not include revenues received as installation charges and fees for reconnections, inspection, repairs or modifications of any installations. Subscriber revenues shall also not include any revenues received:

A. 

As reimbursement of expense in the operation of any access channels;

B. 

As advertising payments;

C. 

From the leasing of cable channels;

D. 

From programs for which a per-channel, per-program or program/channel tier charge is made; and

E. 

From furnishing other communications and nonbroadcast services either directly or as a carrier for another party.