Combined Code_NOV2017

any other town ordinance licensing or regulating business within such areas. Full cable telecommunications service shall mean all cable telecommunications services. Grantee or franchisee or company shall mean the person, firm, or corporation to whom a franchise, as defined herein, is granted by the town board under this article, and the lawful successor, transferee or assignee of said person, firm, or corporation. Gross revenues shall mean any and all compensation received by grantee or any firm in which grantee has part ownership as a result of the exercise of the franchise granted hereunder excluding any privilege or use taxes. "Gross revenues" include by way of illustration, but are not limited to, regular subscriber service fees, installation fees, disconnect and reconnect fees, pay TV, leased channel revenues, advertising revenues, converter and remote control rental revenues, or any other income from the system. Initial service area shall mean that geographical area within the incorporated limits of the town as of the date of acceptance of a franchise pursuant to this article. Person shall mean any person, firm, partnership, association, corporation or organization of any kind. Service package or tier of service shall mean one or more communications channels or services which are offered as a unit by the grantee to subscribers and for which a separately identifiable rate or charge is made. Street shall mean the surface of and the space above and below any publicly owned or maintained property or right-of-way, street, road, highway, freeway, land, path, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the town. Subscriber shall mean any person or entity lawfully receiving any portion of the cable telecommunications service of a grantee pursuant to this article. Town shall mean the Town of Morrisville or the area within the present and future territorial town limits of the town and such territory outside of the town over which the town has jurisdiction or control by virtue of any law. Town board shall mean the Town Board of the Town of Morrisville, North Carolina, or its designee. (Ord. No. 95-64, § I, 8-14-95) Sec. 56-37. Application fee and application bond. (a) Application fee. Applicants for a franchise hereunder shall pay a nonrefundable "Application Fee" to the Town of Morrisville of $3,000.00, which sum shall be due and payable to the town under submission to the town of an application for a franchise. (b) The town board shall review the applicants legal, character, financial, technical, and other qualifications and the adequacy and feasibility of its construction arrangements and its compliance with the terms of this article. If the town board finds the application is in compliance with this article and is satisfied with the ability of the applicant to perform and is satisfied with the legal, character, financial and technical

CD56:4

Supp. No. 9