Terms Used In Louisiana Revised Statutes > Title 45 > Chapter 10-A - Consumer Choice for Television Act

• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Cable service: means the one-way transmission to subscribers of video programming or other programming service and any subscriber interaction required for the selection or use of video programming or other programming service. See Louisiana Revised Statutes 45:1363
• Cable service provider: means any person or entity that provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such system. See Louisiana Revised Statutes 45:1363
• Cable system: means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community but does not include the following facilities or systems:

              (a) A facility that serves only to retransmit the television signals of one or more television broadcast stations. See Louisiana Revised Statutes 45:1363

• Certificate: means the certificate of franchise authority issued by the secretary of state to a person or entity to provide cable service or video service in this state. See Louisiana Revised Statutes 45:1363
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commercial mobile service provider: means an interconnected radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, provided for profit and to the public or to a substantial portion of the public. See Louisiana Revised Statutes 45:1363
• CWSRF: means the water pollution control revolving loan fund previously established by Act No. See Louisiana Revised Statutes 30:2301
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2301
• Dispose: means the discharge, deposit, injection, dumping, or placing of any hazardous waste into or on any land or into water so that any of the hazardous waste so disposed becomes part of the surrounding or underlying land. See Louisiana Revised Statutes 30:2241
• Disposer: means any person who disposes or who receives for disposal the hazardous waste of a generator. See Louisiana Revised Statutes 30:2241
• Eligible recipient: means a political subdivision, public trust, agency or commission of the state, or a private entity, to the extent permitted by the federal act or federal regulations. See Louisiana Revised Statutes 30:2301
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal act: means the Clean Water Act of 1972, as amended by the Water Quality Act of 1987, specifically Subchapter VI, Chapter 26 of Title 33 of the United States Code, and any amendments thereto relating to water pollution control revolving loan funds established by the respective states, including the CWSRF. See Louisiana Revised Statutes 30:2301
• Federal regulations: means Part 35, Title 40 of the Code of Federal Regulations (40 C. See Louisiana Revised Statutes 30:2301
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Franchise: means an initial authorization, or renewal of an authorization, issued by a franchising authority 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 other wireline facilities used to distribute video programming services, in the public rights of way. See Louisiana Revised Statutes 45:1363
• Franchise authority: means any governmental entity empowered by federal, state, or local law to grant a franchise for cable service or video service. See Louisiana Revised Statutes 45:1363
• Generator of hazardous waste: means any person whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation by the department. See Louisiana Revised Statutes 30:2241
• Gross revenues: means all revenues received from subscribers for the provision of cable service or video service, including franchise fees and all revenues received from non-subscribers for advertising disseminated through cable service or video service and home shopping services. See Louisiana Revised Statutes 45:1363
• Hazardous waste: means a substance identified and listed as a hazardous waste in the Louisiana Hazardous Waste Regulations of the Department of Environmental Quality in effect on the effective date of this Chapter; except that the term "hazardous waste" shall not include special waste as defined in this Chapter. See Louisiana Revised Statutes 30:2241
• Incumbent service provider: means any cable service provider or video service provider providing cable service or video service in a particular municipality or unincorporated area of a parish on August 15, 2008. See Louisiana Revised Statutes 45:1363
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local governmental subdivision: means any parish or municipality. See Louisiana Revised Statutes 45:1363
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Omnimedia: refers to all manners in which and all sources from which a pollutant escapes into the environment, and for the purposes of this Chapter shall encompass any emission, effluent, or discharge which escapes into the air, water, or land, whether permitted or not. See Louisiana Revised Statutes 30:2293
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pollutant: means those elements or compounds defined or identified as hazardous, toxic, or noxious, or as hazardous, solid, or radioactive wastes under this Subtitle and regulations, or by the secretary, consistent with applicable laws and regulations. See Louisiana Revised Statutes 30:2004
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Predecessor: shall include but not be limited to any entity 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 municipal or parish cable franchise through merger, sale, assignment, restructuring, or any other type of transaction. See Louisiana Revised Statutes 45:1363
• Public right of way: means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway. See Louisiana Revised Statutes 45:1363
• Tax: means the amount of tax due under this Chapter, and any amount of interest due under this Chapter, unless the intention to give it a more limited meaning is disclosed by the context. See Louisiana Revised Statutes 30:2241
• Taxpayer: means any person liable to pay any tax or file any return under this Chapter, regardless of whether such person has paid any tax or filed the required return. See Louisiana Revised Statutes 30:2241
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Venue: The geographical location in which a case is tried.
• Video programming: means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. See Louisiana Revised Statutes 45:1363
• Video service: means video programming services provided by a video service provider through wireline facilities located at least in part in the public rights of way without regard to delivery technology, including internet protocol technology. See Louisiana Revised Statutes 45:1363
• Video service provider: means any entity providing video service. See Louisiana Revised Statutes 45:1363
• Waste: means all nonproduct outputs from all environmental media, even though they may be within permitted or licensed limits. See Louisiana Revised Statutes 30:2293
• Waste management: means any of the various methods or means of reducing waste which are applied after the waste is generated or is outside of the location where waste is generated. See Louisiana Revised Statutes 30:2293
• Waste reduction: means in-plant practices that reduce, avoid, or eliminate the generation of hazardous or solid waste so as to reduce the risks to human health and the environment. See Louisiana Revised Statutes 30:2293