Part 1 — GENERAL PROVISIONS

A. The development of cable, video and telecommunications services and systems may provide significant benefits for, and have substantial impacts upon, the residents of the City.

B. Because of the complex and rapidly changing technology associated with cable, video and telecommunications services and systems, the public convenience, safety and general welfare can best be served by the City’s exercise of its regulatory powers.

C. This Chapter adopts provisions that authorize the City to regulate cable, video, and telecommunications service providers to the extent authorized by Federal and State law, including but not limited to the Federal Cable Communications Policy Act of 1984, the Federal Cable Television Consumer Protection and Competition Act of 1992, the Federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable California statutes and regulations.

D. The cable, video and telecommunications services that are addressed in this Chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite master antenna television systems, direct broadcast satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems and other providers of video programming, whatever their technology, as well as voice and data services provided by telephone corporations.

E. The purpose and intent of this Chapter is to provide for the attainment of the following objectives:

1. To enable the City to discharge its public trust in a manner consistent with rapidly evolving Federal and State regulatory policies,

industry competition and technological development.

2. To authorize and to manage reasonable access to the City’s public rights-of-way and public property for cable, video and

telecommunications purposes on a competitively neutral and nondiscriminatory basis, and in a manner consistent with all applicable Federal and State statutes and regulations.

3. To obtain fair and reasonable compensation for the City and its residents for authorizing the private use of the public rights-of-

way and public property.

4. To promote competition in cable, video and telecommunications services, minimize unnecessary local regulation of cable, video

and telecommunications service providers and encourage the delivery of advanced and competitive cable, video and telecommunications services on the broadest possible basis to local government and to the businesses, institutions and residents of the City.

5. To establish clear local guidelines, standards and time frames for the exercise of local authority with respect to the regulation of

cable, video and telecommunications service providers.

6. To encourage the deployment of advanced cable, video and telecommunications infrastructure that satisfies local needs, delivers

enhanced services, and provides informed consumer choices in an evolving cable, video and telecommunications marketplace.

7. To maintain and to enhance public, educational and governmental programming opportunities that will enable local government to communicate with its residents and to provide them with alternate means of disseminating information.

[Ord. 462, Section 3, 5/9/07.]

The words, terms, phrases and their derivations set forth in this Chapter have the meanings set forth below. Unless otherwise expressly stated, words, terms and phrases not defined in this Chapter will be given their meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that Code, their meaning as used in Title 47 of the Code of Federal Regulations. Words used in the present tense include the future tense, and words in the singular include the plural number.

A. “Affiliate” means, when used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.

B. “Cable Service” means the one (1) way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, “video programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and “other programming service” means information that a cable system operator makes available to all subscribers generally.

C. “Cable System,” or “Cable Communications System” or “Cable Television 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 that includes video programming and that is provided to multiple subscribers within a community. The term “cable system” does not include:

1. A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;

2. A facility that serves subscribers without using any public right-of-way;

3. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act, except

that such facility will be considered a cable system (other than for purposes specified in Communications Act Section 621(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

4. An open video system that complies with Communications Act Section 653; or

5. Any facilities of an electric utility that are used solely for operating its electric utility system.

D. “Cable System Operator” means any person or group of persons:

1. Who provides cable service over a cable system and directly or through one (1) or more affiliates owns a significant interest in

that cable system; or

2. Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system.

E. “City” means the City of Adelanto as represented by its City Council or by any delegate acting within the scope of its delegated authority.

F. “CFR” means the Code of Federal Regulations. Thus, the citation of “47 CFR 80.1" refers to Title 47, Part 80, Section 1, of the Code of Federal Regulations.

G. “Communications Act” means the Communications Act of 1934 (47 U.S.C. §§ 153 et seq.), as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996.

H. “FCC” or “Federal Communications Commission” means the Federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications services and telecommunications service providers on a national level.

I. “Franchise” means an initial authorization, or the renewal of an initial authorization, granted by the City Council, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate or otherwise, that authorizes the construction or operation of a cable system or an open video system.

J. “Franchise Fee” means any fee or assessment of any kind that is authorized by State or Federal law to be imposed by the City on a Grantee as compensation in the nature of rent for the Grantee’s use of the public rights-of-way. The term “franchise fee” does not include:

1. Any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and

cable operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable subscribers);

2. Capital costs that are required by the franchise to be incurred by a Grantee for public, educational or governmental access

facilities;

3. Requirements or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security

funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or

4. Any fee imposed under Title 17, United States Code.

K. “Franchise Service Area” or “Service Area” means the entire geographic area of the City as it is now constituted, or may in the

future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement.

L. “Grantee” means any person that is awarded a franchise in accordance with this Chapter, and that person’s lawful successor, transferee, or assignee.

M. “Multichannel Video Programming Distributor” or “Video Programming Distributor” means a person such as, but not limited to, a cable system operator, an open video system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers.

N. “Open Video System” means a facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the City, provided that the FCC has certified that such system is authorized to operate in the City and complies with 47 CFR 1500 et seq., titled “Open Video Systems.”

O. “Open Video System Operator” means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system.

P. “Person” means an individual, partnership, limited liability company, association, joint stock company, trust, corporation or governmental entity.

Q. “Public, Educational or Government Access Facilities” or “PEG Access Facilities,” means the total of the following:

1. Channel capacity designated for noncommercial public, educational, or government use; and

2. Facilities and equipment for the use of that channel capacity.

R. “Subscriber” or “Customer” or “Consumer” means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services.

S. “Street” or “Public Right-of-Way” means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property that the City from time to time authorizes to be included within the definition of a street.

T. “Telecommunications” means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

U. “Telecommunications Equipment” means equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment.

V. “Telecommunications Service” means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used.

W. “Telecommunications Service Provider” means any provider of telecommunications service.

X. “____ U.S.C. § ____” means the United States Code. Thus, the citation of “47 U.S.C. § 153” refers to Title 47, Section 153, of the United States Code.

Y. “Video Programming Provider” means any person or group of persons who has the right under the Federal copyright laws to select and to contract for the carriage of specific video programming on a cable system or an open video system.

Z. “Video Provider” means any person, company, or service that provides one or more channels of video programming to a residence, including a home, multi-family dwelling complex, congregate-living complex, condominium, apartment or mobilehome, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A “video provider” includes, without limitation, providers of cable television service, open video system service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services and other providers of video programming, whatever their technology.

[Ord. 462, Section 3, 5/9/07.]

A. With regard to any application fee deposit for an initial franchise, or for the renewal of a franchise, or for the transfer or change in. control of a franchise that is authorized by this Chapter, the City Manager may suspend that application fee deposit in accordance with this Section.

B. The City Manager, in consultation with the City Attorney, will review all written information submitted by the applicant or franchisee in support of its contention that applicable law prohibits imposition of the application fee deposit provided for by this Chapter. If a determination is made that applicable law supports the contention of the applicant or franchisee, then the City Manager may suspend the imposition of the application fee deposit; provided, however, that such suspension must be ratified by the City Council within thirty (30) days after the City Manager’s determination and, if ratified, the application fee deposit will be deemed to have been waived.

[Ord. 462, Section 3, 5/9/07.]