Camarillo Municipal Code Ch. 6.04 Definitions

For the purposes of this title, the following terms, phrases, and words will have the meanings set forth in this chapter, unless the context requires a different meaning:

"Affiliate" means any person who, directly or indirectly owns, controls, is owned or controlled by, or is under common ownership with grantee.

"Basic cable service" means any service tier which involves only the retransmission of local television broadcast signals and EG channels.

"Cable channel" or "channel" means a portion of the electromagnetic frequency spectrum, or any other means of transmission used by the system (including, without limitation, optical fibers or any other means now available or that may become available), which is capable of carrying one video signal and its accompanying audio signal, or carrying an equivalent amount of packet-based data.

"Cable operator" means any person who:

(a) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or

(b) Otherwise controls or is responsible for, through any arrangement, the management and operation of such cable system.

"Cable service" means:

(a) The one-way transmission to subscribers of video or audio programming; and

(b) Subscriber interaction, if any, which is required for the selection or use of such video or audio programming.

"Cable system" or "system" means facilities, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that are designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. Such term includes, without limitation, multichannel video systems, but such term does not include:

(a) Facilities that serve only to retransmit television signals of one or more television broadcast stations;

(b) Facilities that serve subscribers without using any public rights-of-way;

(c) Facilities of common carriers which are subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such facilities will be considered a cable system (other than for the purposes of 47 U.S.C. 541) to the extent such facilities are used in the transmission of video programming directly to subscribers; unless the extent of such use is solely to provide interactive on-demand services;

(d) Open video systems that comply with Title VI of the Communications Act of 1934 (47 U.S.C. 573) as amended; or

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

"City" means the city of Camarillo as represented by the city council or any authorized representative of the council.

"Control" means the ability to exercise de facto or de jure control over day-to-day policies and operations or the management of corporate affairs.

"Educational or government access facilities" or "EG access facilities" means all of the following:

(a) Channel capacity designated for noncommercial educational or government use; and

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

"Franchise" means an initial authorization, or renewal thereof, granted by the city, 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, will be nonexclusive and not supersede the requirement to obtain any 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:

(a) 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);

(b) Capital costs which are required by the franchise to be incurred by grantee for all access facilities;

(c) 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

(d) Any fee imposed under Title 17, United States Code.

"Grantee" means any "person" receiving a franchise pursuant to this title to be a cable operator and/or its lawful successor, transferee or assignee.

"Gross annual cable service revenues" means the annual gross revenues received directly or indirectly by a grantee from the provision of cable service within the city utilizing the public rights-of-way for which a franchise is required. Gross annual cable service revenues includes, but is not limited to, subscriber revenue, equipment charges, late fees, advertising revenue, home shopping revenue and franchise fee revenue. Gross annual cable service revenues do not include refundable deposits, rebates or credits.

"Installation" means the connection of the system to subscribers' terminals and the provision of cable service.

"Multichannel video system" includes all of the following:

(a) An "open video system," as such term is defined in Title VI of the Federal Communications Act of 1934 (as amended) and implementing regulations;

(b) A system which provides multiple channels of video programming where some or all of the video programming is generally considered comparable to programming provided by a television broadcast station; where such service is transmitted in whole or in part via wires or lines that are in or cross any streets. The preceding sentence applies whether the grantee owns, leases or otherwise obtains the right to use such wires or lines, including lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose; and

(c) Any other system providing multiple channels of video programming where some or all of the video programming is generally considered comparable to programming provided by a television broadcast station where under applicable law a franchise or similar permission or approval from the city is authorized.

"Noncable services" means all services that are not cable services, including, without limitation, information services and telecommunications services.

"Normal operating conditions" means those service conditions which are within the control of a grantee. Those conditions which are not within the control of a grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and scheduled maintenance or upgrade of the cable system.

"Person" means an individual, partnership, association, joint stock company, trust, corporation, governmental entity or other legally-recognized entity.

"Service area" or "franchise area" means the entire geographic area within the municipal boundaries of the city, unless otherwise specified in a franchise.

"Service tier" means a category of cable service or other services provided by a cable operator and for which a separate rate is charged.

"Street" or "public way" or "public rights-of-way" means each of the following which have been dedicated, in whole or in part, to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the service area: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and other public property.

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

(Ord. 985 § 4 (part), 2006.)