The following terms, phrases and words and their derivatives when used in this chapter shall have the meanings specified in this section:

    1. "Additional service" means any communications service provided by the franchisee over its broadband telecommunications network for which a special charge is made based on program or service content, time or spectrum space usage, and shall include all service offered by the franchisee that is not included within the "basic service."

    2. "Annual gross revenues" means all revenues received by the franchisee, its affiliates or subsidiaries from and in connection with the operation of the broadband telecommunications network in the city of Sioux City as that term is currently interpreted by the FCC. If or when the FCC or a court of competent jurisdiction modifies the current interpretation, this definition may also be altered to include or exclude revenue from other sources as may be permitted by such modification.

    3. "Basic service" means all communications services provided by the franchisee including the delivery of broadcast signals and programming originated over the network, covered by the regular monthly charge paid by all subscribers.

    4. "Broadband telecommunications network" (BTN) means all of the component physical operational and programming elements of any network of cables, optical, electrical or electronic equipment, including cable television, used for the purpose of transmission of electrical impulses of television, radio and other  intelligences, either analog or digital for sale or use by the inhabitants of the city.

    5. "City" means the city of Sioux City, a municipal corporation of the state of Iowa, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

    6. "City manager" or "manager" means the city manager of Sioux City or his designee.

    7. "Commence construction" means that time and date when construction of the BTN is considered to have commenced, which shall be when the preliminary engineering (strand mapping) or network design is initiated, and after all necessary permits and authorizations have been obtained and contracts and documents entered into and the FCC certification obtained for the construction and operation of the broadband telecommunications network.

    8. "Commence operation" means that time and date when operation of the BTN is considered to have commenced, which shall be when sufficient distribution facilities have been installed so as to permit the offering of "full network service" to at least ninety percent of the dwelling units in the "service area."

    9. "Council" or "city council" means the city council of Sioux City or such other legally appointed or elected successor agency constituting the governing body of the city.

    10. "FCC" means the Federal Communications Commission and any legally appointed or elected successor.

    11. "Franchise" or "franchise ordinance" means an ordinance passed by the city council and approved by the voters of Sioux City, duly published as required by law, authorizing a "franchisee" to construct and operate a broadband telecommunications network along the public ways within all or a specified area in the city. The ordinance may be formally referred to as a "broadband telecommunication network franchise ordinance." Any such authorization in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of this city.

    12. "Franchisee" means any "person" receiving a franchise pursuant to this chapter and under the granting franchise ordinance and its lawful successor, transferee or assignee.

    13. "Franchise payment" includes all charges imposed for a franchise.

    14. "Full network service" means all basic services and additional services offered by the franchisee.

    15. "May" is permissive.

    16. "Penetration" means the result expressed in percentage obtained by dividing the total number of potential subscribers in the franchise area by the NCTA equivalent number of subscribers receiving basic service.

    17. "Person" means an individual, partnership, association, organization, corporation or any lawful successor, transferee or assignee of such individual, partnership, association, organization or corporation.

    18. "Public school" means any school at any educational level operated within the city by any public, private or parochial school system, but limited to elementary, junior high school and high school.

    19. "Reasonable notice" means written notice addressed to the franchisee at its principal office in Sioux City, or such other office as the franchisee has designated to the city as the address to which notice should be transmitted to it, which notice shall be certified and postmarked not less than four days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing the four days, Saturdays, Sundays and holidays recognized by the city shall be excluded.

    20. "Reasonable order" means written orders not excessive or extreme as to costs or time to comply, governed by sound thinking.

    21. "Sale" means any sale, exchange, barter or offer for sale.

    22. "Service area minimum" means the geographic area within the incorporated limits of the city having an equivalent of at least fifty subscriber dwelling units per linear or street mile.

    23. "Shall" and "must" are mandatory and not merely directory.

    24. "State" means the state of Iowa.

    25. "Street" means each of the following which have been dedicated to the public or hereafter dedicated to the public and maintained under public authority and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the city shall permit to be included within the definition of street from time to time.

    26. "Subscriber" means any person receiving either basic service or additional service from the franchisee under the schedule of charges filed with and/or approved by the city.

    27. "Substantially completed" shall occur when sufficient distribution facilities have been installed by the franchisee so as to permit the offering of full network service to at least ninety percent of the dwelling units in the service area having a potential of fifty subscriber dwelling units per linear or street mile.

    28. "Cost of construction" means the franchisee's cost of materials, labor and reasonable overhead as applied by the franchisee on its records, based on generally accepted accounting principles, consistently applied.  (Ord. S-42358, 1981; S-35454, 1978)