36-90-2. Definitions.

As used in this chapter, the term:

“Authorization” means the official act of a franchising authority to allow a public provider to deliver service.#

“Cable service” means:#

1. (A)

   The one-way transmission to subscribers of (i) video programming or (ii) other programming service; and#

2. (B)

   Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.#

“Capital costs” means all costs of providing a service which are capitalized in accordance with generally accepted governmental accounting principles.#

“Cross-subsidization” or “cross-subsidize” means the payment of any item of direct or indirect costs of providing a service which is not accounted for in the full cost accounting of providing the service.#

“Direct costs” means those expenses of a public provider which are directly attributable to the provision of a service that would be eliminated if the provision of said service were discontinued.#

“FCC” means the Federal Communications Commission.#

“Franchising authority” means any governmental entity which is empowered by law to grant a franchise and which is also a public provider.#

“Full-cost accounting” means the accounting for all costs incurred by a public provider in providing a service, including all direct and indirect costs, as required by this chapter. In preparation of such accounting, a public provider shall utilize cost accounting standards promulgated by the federal Costs Accounting Standards Board of the federal Office of Management and Budget so as to assure that all direct and indirect costs are included.#

“Generally accepted governmental accounting principles” means the accounting standards promulgated from time to time by the Governmental Accounting Standards Board.#

“Indirect costs” means any costs identified with two or more services or other public provider functions and which are not directly identified with a single service. Indirect costs may include, but are not limited to, administration, accounting, personnel, purchasing, legal, and other staff or departmental support. Indirect costs shall be allocated to two or more services in proportion to the relative burden each respective service places upon the cost category.#

“Private provider” means any person, firm, partnership, corporation, or association offering service, other than a public provider.#

“Public provider” means any county, municipal corporation, or other political subdivision of the state which provides service; any authority or instrumentality acting on behalf of or for the benefit of any county, municipal corporation, or other political subdivision of the state which provides service; and any authority or instrumentality created by the state which provides service.#

“Service” means cable service provided by a private provider or a public provider.#

“Subscriber” means any private person lawfully receiving any cable service provided by a private or public provider by means of or in connection with a cable system.#