Coronado Municipal Code Art. I DeGnitions

For the purpose of this chapter, the following terms, phrases, words, abbreviations, and their derivation shall have the meaning given herein in addition to those deNnitions given in this code. (Gov. Code § 53066) (Ord. 1511)

“Franchise” means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the City. See Government Code Section 53066. Any such authorization, in whatever term granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City in accordance with this code.

“Grantee” means the person, Nrm, or corporation to whom or which a franchise, as hereinabove deNned, is granted by the Council under this chapter, and the lawful successor, transferee or assignee or the person, Nrm, or corporation.

“Street” means the surface of and the space above and below any public street, road, highway, freeway, land, path, alley, court, sidewalk, parkway, or drive, now or hereafter existing as such within the City.

“Property of grantee” means all property owned, installed or used by a grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this title.

“CATV” means a community antenna television system as deNned in CMC 20.90.070.

“Community antenna television system” means any facility which, in whole or in part, receives directly or indirectly over the air and ampliNes or otherwise modiNes the signals transmitting television of FM radio program broadcasted by one or more television or radio stations and distributes such signals by wire or cable to subscribing members of the public who pay for such service, but such term shall not include:

• A. Any such facility which serves fewer than 50 subscribers; or

B. Any such facility which serves only the residents of one or more apartment dwellings under common ownership, control, or management, and commercial establishments located on the premises of such an apartment house; provided, however, that this term shall also include any such facility which in addition to the reception of television and FM radio broadcast signals originates program material and provides other communications services and facilities for subscribing members of the public.

“Subscriber” means any person or entity receiving for any purpose the CATV service of a grantee.

“Gross annual receipts” means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the City. “Gross annual receipts” shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state, or other governmental unit and collected by the grantee for such governmental unit.