Terms Used In Iowa Code > Chapter 477A - Cable or Video Service Franchises

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• affiliate: includes but is not limited to a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a person receiving, obtaining, or operating under a franchise agreement with a municipality to provide cable service or video service through merger, sale, assignment, restructuring, or any other type of transaction. See Iowa Code 477A.2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Board: means the utilities board. See Iowa Code 477A.1
• Cable operator: means the same as defined in 47 U. See Iowa Code 477A.1
• Cable service: means the same as defined in 47 U. See Iowa Code 477A.1
• Cable system: means the same as defined in 47 U. See Iowa Code 477A.1
• Certificate: means a certificate of title. See Iowa Code 462A.2
• Commission: means the natural resource commission. See Iowa Code 462A.2
• Competitive cable service provider: means a person who provides cable service over a cable system in an area other than the incumbent cable provider providing service in the same area. See Iowa Code 477A.1
• Competitive video service provider: means a person who provides video service other than a cable operator. See Iowa Code 477A.1
• Contract: A legal written agreement that becomes binding when signed.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Franchise: means an initial authorization, or renewal of an authorization, issued by the board or a municipality, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable system or video service provider's network in a public right-of-way. See Iowa Code 477A.1
• Franchise fee: means the fee imposed under section 477A. See Iowa Code 477A.1
• Gross revenues: means all consideration of any kind or nature, including but not limited to cash, credits, property, and in-kind contributions received from subscribers for the provision of cable service over a cable system by a competitive cable service provider or for the provision of video service by a competitive video service provider within a municipality's jurisdiction. See Iowa Code 477A.1
• Incumbent cable provider: means the cable operator serving the largest number of cable subscribers in a particular franchise service area on January 1, 2007. See Iowa Code 477A.1
• Institutional network: means the system of dedicated fibers, coaxial cables, or wires constructed and maintained by an incumbent cable provider which is reserved and dedicated by the municipality for noncommercial purposes. See Iowa Code 477A.1
• Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Municipality: means a city. See Iowa Code 477A.1
• Operate: means to navigate or otherwise use a vessel or motorboat. See Iowa Code 462A.2
• Operator: means a person who operates or is in actual physical control of a vessel. See Iowa Code 462A.2
• Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
• property: includes personal and real property. See Iowa Code 4.1
• Public right-of-way: means the area on, below, or above a public roadway, highway, street, bridge, cartway, bicycle lane, or public sidewalk in which the municipality has an interest, including other dedicated rights-of-way for travel purposes and utility easements. See Iowa Code 477A.1
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• United States: includes all the states. See Iowa Code 4.1
• Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
• Video programming: means the same as defined in 47 U. See Iowa Code 477A.1
• Video service: means video programming services provided by a competitive video service provider through wireline facilities owned, controlled, constructed, or operated by the provider of such video service and located at least in part in the public right-of-way without regard to delivery technology, including internet protocol technology. See Iowa Code 477A.1
• year: means twelve consecutive months. See Iowa Code 4.1