§ 55-2. Definitions.

Unless otherwise apparent, the following definitions shall apply in this chapter:

Affiliated programmer. An affiliated programmer is a programmer with an ownership interest of five (5) percent or more, including general partnership interests, direct ownership interests, and stock interests in a corporation or other entity where such stockholders are officers or directors or who directly or indirectly own five (5) percent or more of the outstanding stock, whether voting or nonvoting. Such interests include limited partnership interests of five (5) percent or greater.

Basic service tier. The basic service tier shall, at a minimum, include all signals of local domestic television broadcast stations as defined by the FCC provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable system), any public, educational, and governmental programming required by the franchise to be carried on the basic tier, and any additional video programming signals or service added to the basic tier by the cable operator.

Cable operator or operator. Cable operator means any person or group of persons:

(1)

Who provides cable service, video signal transmission, video services or any other multi-channel video programming distributor over a cable system within the city under a franchise, permit, license or any other authorization issued by the city, and who directly or through one (1) or more affiliates owns a significant interest in such cable system; or

(2)

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

Cable programming service. Cable programming service includes any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than:

(1)

Video programming carried on the basic service tier as defined in this section;

(2)

Video programming offered on a pay-per-channel or pay-per-program basis; or

(3)

A combination of multiple channels of pay-per-channel or pay-per-program video programming offered on a multiplexed or time-shifted basis so long as the combined service:

a.

Consists of commonly-identified video programming; and

b.

Is not bundled with any regulated tier of service.

Cable system. Cable system means a facility, utilizing right-of-way within the City of Irving, 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.

City. The City of Irving Texas.

Commission or FCC. The Federal Communications Commission.

(Ord. No. 6343, § 1, 10-28-93)