§ 2. Definitions.

For the purposes 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 number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

(1)

City is the City of Tuscumbia, Alabama.

(2)

Commission is the board of commissioners of the City of Tuscumbia, Alabama.

(3)

Cable television system means a system of antennas, cables, amplifiers, towers, microwave links, waveguides, laser beams, satellites, earth stations, or any other conductors, converters, equipment or facilities, designed or constructed for the purpose of producing, receiving, amplifying, storing, processing or distributing audio, video, digital or other forms of electronic or electrical signals.

(4)

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

(5)

Grantee is "Group W Cable, Inc.," or anyone who succeeds "Group W Cable, Inc.," in accordance with the provisions of this franchise.

(6)

Franchise area shall mean the entire incorporated area of the city, as the same may from time to time exist.

(7)

Street shall mean the surface of and the space above and below any public street, right-of-way, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, communications, or utility easement, now or hereafter existing as such within the franchise area.

(8)

Property of grantee shall mean all property owned, installed or used by the grantee in the conduct of a CATV business in the city.

(9)

CATV shall mean a cable television system as hereinbefore defined.

(10)

Basic CATV service shall mean the distribution of local off-air broadcast television and radio signals.

(11)

Expanded CATV service shall mean any communication service in addition to basic CATV service provided by the grantee either directly or as a carrier for their subsidiaries, affiliates or any other person engaged in communication service, including, but not by way of limitation, pay TV, burglar alarm service, data or other electronic transmission services, facsimile reproduction services, meter reading services and home shopping services.

(12)

Gross annual subscriber receipts shall mean any and all compensation and other consideration derived directly by the grantee from subscribers within the city for regularly furnished basic CATV service and expanded CATV service including, but not restricted to installation and connection charges. Gross annual subscriber receipts shall not include receipts derived from any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state, or other governmental unit.

(13)

Public way shall mean any public street, public way and public place, now laid out or dedicated and all extensions thereof and additions thereto in the franchise area.

(14)

Subscribers shall mean any person receiving CATV service.

(15)

Federal Communications Commission or FCC shall mean that agency as presently constituted by the U.S. Congress or any successor agency authorized by Congress to regulate cable television systems.