§ 114.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADDITIONAL SUBSCRIBER SERVICE. Any service not included in basic cable service or basic radio service, including, but not limited to, pay-cable or pay-television service.

BASIC RADIO SERVICE. The provision to all subscribers of such audio programs as the retransmission of broadcast FM radio signals and the transmission of cablecast radio signals, all provided to subscribers at a monthly rate.

BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals. BROADCAST SIGNAL. A television or radio signal that is transmitted over the air to a wide geographic audience and is received by a cable communications system off-the-air or by microwave.

CABLE COMMUNICATIONS SYSTEM, CABLE TELEVISION SYSTEM, CABLE SYSTEM, CATV SYSTEM,

COMMUNITY ANTENNA TV SYSTEM or SYSTEM. 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 such term does not include:

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

(2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless the facility or facilities uses any public right-of-way;

(3) A facility of a common carrier, except that such facility shall be considered a cable system to the extent the facility is used in the transmission of video programming directly to subscribers; or

(4) Any facilities of any electric utility used solely for operating its electric utility systems. CABLE SERVICE. The total of the following:

• (1) The one-way transmission to subscribers of video programming or other programming service; and

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

CABLECAST SIGNAL. A nonbroadcast signal that originates within the facilities of the cable television system. CABLE-MILE. A linear mile of strandbearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.

CHANNEL or CABLE CHANNEL. A portion of the electromagnetic frequency spectrum which is capable of delivering a television channel as defined by the Federal Communications Commission.

CITY. The city of Baldwin Park, a general law city, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

CLASS IV CHANNEL. A signaling path provided by a cable television system to transmit signals of any type from a subscriber terminal to another point in the cable television system.

CLOSED CIRCUIT or INSTITUTIONAL SERVICE. Such video, audio, data and other services provided to

institutional users on an individual requirement, private channel basis. These may include, but are not limited to, twoway video, audio or digital signals among institutions or from institutions to residential subscribers.

COMMENCE CONSTRUCTION. That time and date when construction of the cable television system is considered to have commenced, which shall be when the first connection is physically made to a utility pole, or

undergrounding of cables is initiated, after preliminary engineering (strand mapping) and after all necessary permits and authorizations have been obtained.

CITY MANAGER. The City Manager of the City of Baldwin Park or his designee.

COMMENCE OPERATION. That time and date when operation of the cable television system is considered to have commenced which shall be when sufficient distribution facilities have been installed so as to permit the offering of full service to at least 10% of the dwelling units located within the service area.

COMMERCIAL SUBSCRIBER. A subscriber who receives a service in a place of business, where the service may be utilized in connection with a business, trade, or profession.

COMMERCIAL USE CHANNEL. The channel(s) available for commercial use as defined by federal law and specified in the franchise agreement.

CONVERTER An electronic device which converts signal carriers from one form to another.

COUNCIL. The legislative body of the city.

EDUCATIONAL ACCESS CHANNEL or EDUCATIONAL CHANNEL. Any channel where educational institutions are the primary designated programmers.

FRANCHISE. An initial authorization, or renewal thereof, issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.

GOVERNMENT ACCESS CHANNEL or GOVERNMENT CHANNEL. Any channel where government agencies are the primary designated programmers.

GRANTEE. The person, firm, or corporation granted a franchise by the Council pursuant to this subchapter and the lawful successor, transferee or assignee of the grantee.

GROSS RECEIPTS. Any and all compensation, in whatever form, derived by a grantee from the operation of a system including, but not limited to, all of the following:

(1) Grants, subsidies, exchanges, directly or indirectly received by a grantee. Gross receipts shall not include any refund or any tax imposed upon a subscriber collected by a grantee for a taxing entity.

(2) Any and all compensation and other consideration received directly or indirectly by the grantee from subscribers in payment of the installation fee and service charge for any furnished service of the cable television system.

(3) Any and all income, compensation and other consideration received by grantee from any advertising on its cable television system.

(4) Any and all fees or income received by a grantee for the lease or rental, and compensation for any service in connection therewith, of studio and equipment rental and production costs and air time, of any channel. INSTALLATION. The connection of the system to subscribers' terminals, for the provision of service.

LOCAL ORIGINATION CHANNEL. Any channel where a grantee is the primary designated programmer, and provides video programs to subscribers.

MONITORING. Observing a communication signal, or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever. MONITORING shall not include systemwide, nonindividually addressed sweeps of the system for purposes of verifying system integrity, controlling return paths transmissions, or billing for pay-cable.

NONBROADCAST SIGNAL. A signal that is transmitted by a cable television system and that is not involved in an over-the-air broadcast transmission path.

OPEN CHANNEL. Any channel that can be received by all subscribers, without the necessity for special equipment.

PAY-CABLE or PAY-TELEVISION. The delivery to subscribers, over a cable television system, of television signals for a fee or charge to subscribers over and above the charge for basic subscriber service, on a per program, per channel, or other subscription basis.

PENETRATION. The result expressed in the percentage obtained by dividing the total number of potential subscribers in the service area into the number of subscribers receiving service.

PERSON. Any natural person and all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, and societies.

PRIVATE CHANNEL or CLOSED-CIRCUIT CHANNEL. Any channel which is available only to subscribers who are provided with special converter or terminal equipment to receive signals on that channel.

PROGRAMMER. A person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital, or other signals, either live or from recorded tapes or other storage media, to subscribers, by means of a cable television system.

PUBLIC ACCESS CHANNEL or COMMUNITY ACCESS CHANNEL. Any channel where any member of the general public or any noncommercial organization may be a programmer, without charge, on a first-come, first-served, nondiscriminatory basis, in accordance with the terms of the franchise agreement.

PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES or PEG ACCESS FACILITIES. The total of the following:

• (1) Channel capacity designated for public, educational or governmental use; and

• (2) Facilities and equipment for the use of such channel capacity.

SERVICE AREA. That geographical area of the city throughout which a grantee, pursuant to its franchise, shall provide cable service to subscribers.

SERVICE TIER. A category of cable service or other services provided by a grantee for which a separate rate is charged by the grantee.

SPECIAL SERVICE AREA. Any area of the city designated by the Council, if it so elects, in the franchise, where the grantee may charge different rates, or provide different services, than in the remainder of its service area.

STREETS. Those public streets, alleys, easements and other publicly owned property, designated in a franchise as areas within which a grantee may place its facilities utilized by it in operating its system.

TAPPING. Observing a two-way communications signal exchange, where the observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means, for any purpose whatsoever. ('83 Code, § 5.24.010) (Ord. 912, passed - -85)