§ 5.20

(a)

The definitions set forth in this article shall govern the application and interpretation of this chapter.

(b)

When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender.

(c)

Subject to the provisions of Section 1.01.050 of Title 1 of the municipal code, the words "shall" and "will" are mandatory, and "may" is permissive.

(d)

Words not defined in this chapter shall have the same meaning as in Title VI of Title 47 of the United States Code or Chapter 47 of the Code of Federal Regulations, as they were in effect on the effective date of the ordinance enacting this chapter, and, if not defined therein, their common and ordinary meaning.

(e)

References to governmental entities (whether persons or entities) refer to those entities or their successors in authority.

(f)

If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision.

(g)

Unless otherwise specified, references to laws, ordinances or regulations shall include laws, ordinances and regulations now in force or hereinafter enacted or amended.

(Ord. 2036 § 1(part), 2003).

"Access," "PEG access," or "PEG use" refers to the use of a cable communications system for public, education or government purposes by eligible agencies, institutions, organizations, groups, and individuals, including the city and its designated access providers for distribution of video programming and other programming services.

(Ord. 2036 § 1(part), 2003).

"Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person.

(Ord. 2036 § 1(part), 2003).

"Basic service" means any service tier regularly provided on a cable communications system to all subscribers that includes the retransmission of local television broadcast signals.

(Ord. 2036 § 1(part), 2003).

"Cable act" means the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996.

(Ord. 2036 § 1(part), 2003).

"Cable communications system" refers to open video systems (OVS) and cable systems.

(Ord. 2036 § 1(part), 2003).

"Cable service" means:

(a)

The one-way transmission to subscribers of: (i) video programming, or (ii) other programming service; and

(b)

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

(Ord. 2036 § 1(part), 2003).

"Cable 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 programming and which is provided to multiple subscribers within a community, but such term does not include:

(a)

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

(b)

A facility that serves subscribers without using, or connecting to a facility that uses any public right-of-way within city;

(c)

A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II (Common Carriers) of the federal Communications Act of 1934, as amended, except that such facility shall be considered a cable system 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;

(d)

Any facilities of any electric utility used solely for operating its electric utility systems; or

(e)

An OVS that is certified by the FCC.

(Ord. 2036 § 1(part), 2003).

"Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system or OVS and which is capable of delivering a standard NTSC broadcast video programming service whether in an analog or digital format. The definition does not restrict the use of any channel to the transmission of analog television signals.

(Ord. 2036 § 1(part), 2003).

"City" means the city of Campbell acting through its city council or its lawfully delegated department, division or agency thereof except that, when used to describe a geographic area, the term refers to the boundaries of the city of Campbell, California, as they exist now or may exist in the future.

(Ord. 2036 § 1(part), 2003).

"City manager" means the city manager or the city manager's city staff designee.

(Ord. 2036 § 1(part), 2003).

"Construction, operation or repair" and similar formulations of that term means the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, grading, site preparation, adjusting, testing, make-ready, excavation and the management of the cable system and its operations.

(Ord. 2036 § 1(part), 2003).

"FCC" means the federal communications commission.

(Ord. 2036 § 1(part), 2003).

"Franchise" refers to an authorization granted by city to the operator of a cable communications system giving the operator the non-exclusive right to occupy the space, or use facilities upon, across, beneath, or over public rights-of-way in city, to construct, operate and maintain a cable communications system. A permit is not a franchise.

(Ord. 2036 § 1(part), 2003).

"Franchise area" means the area of city that a franchisee is authorized to serve by the terms of its franchise ordinance or by operation of law.

(Ord. 2036 § 1(part), 2003).

"Franchisee" refers to a person holding a cable communications system franchise granted by city.

(Ord. 2036 § 1(part), 2003).

"Gross revenues" means any and all revenue, of any kind, nature or form derived by franchisee from the operation of a cable communications system to provide cable service. Gross revenues include, by way of example and not limitation, revenues from equipment rental and sales to subscribers, services, installation, late fees and other subscriber charges, and advertising. "Gross revenues" shall be construed to include revenues of affiliates (other than those revenues which are already treated as the revenues of the franchisee), but only to the extent necessary to prevent avoidance of fees otherwise owed hereunder. Gross revenues shall only include revenues from cable modem services, to the extent such services are

considered cable services under applicable law. Gross revenues shall not include: (1) any tax, fee or assessment of general applicability collected by the grantee from subscribers for pass-through to a governmental agency, including the FCC User Fee (the amount that the operator pays as a franchise fee will not be considered such a tax, fee or assessment); and (2) bad debt, provided, however that all or any part of any such actual bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected.

(Ord. 2036 § 1(part), 2003).

"Operator," when used with reference to a cable communications system, refers to a person: (a) who directly or through one or more affiliates provides cable service over a cable communications system and directly or through one or more affiliates owns a significant interest in such system; or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a system.

(Ord. 2036 § 1(part), 2003).

"OVS" means an open video system. A reference to an OVS includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the OVS, or installed in conjunction with the OVS.

(Ord. 2036 § 1(part), 2003).

"OVS agreement" means a franchise entered into in accordance with the provisions of this chapter between city and an OVS franchisee setting forth the terms and conditions under which the OVS franchise will be exercised.

(Ord. 2036 § 1(part), 2003).

"Person," unless it otherwise appears from the context as used, means and includes any person, individual, firm, organization, corporation, partnership, association, limited liability company, joint stock or other company, business or other trust, public agency, school district, the state of California, its political subdivisions and/or instrumentalities, or any other legal entity, but not city.

(Ord. 2036 § 1(part), 2003).

"Public property" means any property that is owned or under the control of city, any agency of city, or the redevelopment agency, that is not a public right-of-way, including but not limited to, buildings, parks, structures such as utility poles and light poles, or similar facilities or property located in a public right-of- way or owned by or leased to city or the redevelopment agency.

(Ord. 2036 § 1(part), 2003).

"Public rights-of-way" means the surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, park strip, drive, or right-of-way or easement now or hereafter existing within city which may be properly used for the purpose of installing, maintaining, and operating a cable communications system; and any other property that a franchisee is entitled by state or federal law to use by virtue of the grant of a franchise.

(Ord. 2036 § 1(part), 2003).

"Redevelopment agency" means the Campbell redevelopment agency.

(Ord. 2036 § 1(part), 2003).

"School" means any public or private primary or secondary school accredited by the state of California.

(Ord. 2036 § 1(part), 2003).

"Subscriber" means the city or any person who lawfully receives, for any purpose or reason, any cable service via a cable communications system, whether or not a fee is paid for such service, and does not further distribute such service.

(Ord. 2036 § 1(part), 2003).

"Transfer" means any transaction in which: (a) an ownership or other interest in a franchisee, its system, or any person that is a cable operator of the system is transferred from one person or group of persons to another person or group of persons so that control of a franchise is transferred; or (b) a franchise and any of the rights granted by the franchise are transferred or assigned to another person or group of persons. The term "control" as used in this definition, means working control, in whatever manner exercised.

(Ord. 2036 § 1(part), 2003).

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

(Ord. 2036 § 1(part), 2003).