Article I — General Provisions

This chapter is applicable to all cable service and video service providers who are eligible for, and have been awarded, a state video franchise under the California Public Utilities Code section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006), to provide cable or video services in any portion of the unincorporated areas of the county.

(Ord. No. 2009-10, § 1, 3-17-2009)

The rights reserved to the county under this chapter are in addition to all other rights of the county whether reserved by this chapter or authorized by other applicable law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the county.

(Ord. No. 2009-10, § 1, 3-17-2009)

Nothing contained in this chapter exempts a state franchise holder from compliance with all ordinances, rules or regulations of the county now in effect or which may be hereafter adopted which are not inconsistent with this chapter or California Public Utilities Code section 5800 et seq., or obligations under any franchise previously issued by the county, insofar as those may be enforced under California Public Utilities Code section 5800.

(Ord. No. 2009-10, § 1, 3-17-2009)

For purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this chapter. Unless otherwise expressly stated, words not defined in this chapter shall be given the meaning set forth in the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code, section 5800 et seq. ("DIVCA"). When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and "including" and "include" are not limiting. The word "shall" is always mandatory.

"Applicant" means any person submitting any application required under Division 2.5 of the California Public Utilities Code.

"Applicable law" means all lawfully enacted and applicable federal, state, and county laws, ordinances, codes, rules, regulations and orders as the same may be amended or adopted from time to time.

"Board" means the board of supervisors, the governing body of the county of Alameda, California.

"Cable service" means:

1.

The one-way transmission to subscribers of video programming or other programming services; and

2.

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

"CDA director" means the director of the Alameda County community development agency or his or her designee.

"Construction," "operation," or "repair" and similar formulations of those terms mean the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavation and tree trimming. The term "operation" does not encompass or regulate the provision of services, but refers to activities affecting rights-of-way and other public property or easements subject to the jurisdiction of the county.

"County" means the county of Alameda, California. Any act that may be taken by the county may be taken by the board or any agency, department, agent or other entity now or hereafter authorized to act on the county's behalf.

"County administrator" means the chief executive officer of the county administrator office. Any act that may be taken by the county administrator may be taken by any agency, department, agent or other entity now or hereafter authorized to act on behalf of the county administrator.

"DIVCA" means the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code, section 5800 et seq., as may be amended from time to time.

"Gross revenues" means all revenues (whether in the form of cash or other consideration) of a state franchise holder and/or its affiliates in any way derived from its operations within the county.

"Incumbent cable operator" shall have the same meaning as in DIVCA.

"Network" shall have the same meaning as in DIVCA.

"PEG" means any channel on a cable system or video system set aside by a state franchise holder for public, educational, or governmental use.

"Person" means an individual, partnership, association, joint stock company, trust, corporation, or organizational entity, or any lawful successor, transferee or assignee thereof. The term does not include the county.

"Public rights-of-way" shall have the same meaning as in DIVCA.

"PWA director" means the director of the public works agency of the county or his/her designee.

"State franchise" means a franchise issued by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in DIVCA, within any portion of the county.

"State franchise holder" means a person who holds a state franchise.

"Subscriber" means the county or any person who legally receives any cable service or video service from a state franchise holder delivered over that state franchise holder's network.

"User" means a person or the county utilizing a channel, capacity or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.

"Video service" shall have the same meaning as in DIVCA.

(Ord. No. 2009-10, § 1, 3-17-2009)