Buena Park Municipal Code Art. III Definitions

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning.

"Basic cable service"

means any service tier which includes the retransmission of local television broadcast signals.

"Cable service"

means the total of the following:

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

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

"Cable system" or "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 and audio programming and any other lawful services and which is provided to multiple subscribers within a community, but such term does not include:

A facility that serves only to transmit television signals of one or more television broadcast stations;

A facility that serves subscribers without using any public rights-of-way;

A facility of a common carrier, which is subject, in whole or in part, to the provisions of Title II of the Telecommunications Act of 1996, except that such facility shall be considered a cable system (other than for the purposes detailed in Section 621(c) of the 1984 Cable Act) 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;

An open video system that complies with Section 653 of Title VI of the Telecommunications Act of 1996; or

Any facilities of any electric utility used solely for operating its electric utility system.

"Channel" or "cable channel"

means a portion of the electromagnetic frequency spectrum which is used in a cable system which is capable of delivering a television channel as defined by the Federal Communications Commission.

"Council"

means the city council of the city of Buena Park.

"Franchise"

means an initial authorization, or renewal thereof, issued by the city council, 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. Any such authorization, in whatever form granted, shall not supersede the requirement to obtain any other license or permit required for the privilege of transacting business within the city as required by the other ordinances and laws of the city.

"Franchise agreement"

means a franchise grant ordinance or a contractual agreement, containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters.

"Franchise fee"

means any fee or assessment of any kind imposed by the city on a grantee as compensation for the grantee's use of the public rights-of-way. The term "franchise fee" does not include:

Any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable system operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable subscribers);

Capital costs which are required by the franchise to be incurred by grantee for public, educational, or governmental access facilities;

Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or

Any fee imposed under Tide 17, United States Code.

"Grantee"

means any person receiving a franchise pursuant to this chapter and under the granting franchise ordinance or agreement, and its lawful successor, transferee or assignee.

"Grantor" or "city"

means the city of Buena Park as represented by the council or any delegate, acting within the scope of its jurisdiction.

"Gross annual cable service receipts"

means the annual gross receipts received by a grantee from all sources of operations of the cable system within the city utilizing the public streets and public rights-of-way for which a franchise is required in order to deliver such cable service, excluding uncollected bad debt, refundable deposits, rebates or credits, and sales, excise or other taxes or charges collected for direct pass-through to local, state or federal government. Revenues collected as franchise fees from subscribers shall not be included in gross annual cable service receipts pending the outcome of litigation of the FCC's decision with respect to the franchise fee issue in United Artists Cable of Baltimore, 77 RR 2d 1306 (released April 6, 1995). If the final decision (following all judicial appeals) in this case results in a determination that franchise fees should be included in gross annual cable service revenues, then grantee shall pay any underpayment of franchise fees owed to the grantor based on such determination, within ninety days of the final decision.

"Installation"

means the connection of the system to subscribers' terminals, for the purpose of providing cable service.

"Person"

means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.

"Public, educational or government access facilities" or "PEG access facilities"

means the total of the following:

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

Facilities and equipment for the use of such channel capacity.

"Section"

means any section, subsection or provision of this chapter.

"Service area" or "franchise area"

means the entire geographic area within the city as it is now constituted or may in the future be constituted, unless otherwise specified in the franchise granting ordinance or agreement.

"Service tier"

means a category of cable service or other services provided by a grantee and for which a separate rate is charged by the grantee.

"State"

means the state of California.

"Street" or "public way" or "public rights-of-way"

means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas that the grantor shall permit to be included within the definition of street from time to time.

"Subscriber" or "customer" or "consumer"

means any person who or which elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection with the cable system, and who pays the charges therefor.

(Ord. 1354 § 5, 1997)