Jackson Municipal Code Div. I Definitions

For the purposes of this chapter, the following words, terms, phrases, and their derivations, shall have the meanings given in this division. 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. The word "shall" is always mandatory and not merely directory.

(Ord. 483 §1, 1984)

"Additional subscriber service" means any service not included in basic service or institutional service, including, but not limited to, pay cable.

(Ord. 483 §1, 1984)

"Agency subscriber" means a subscriber who received a service in a government or public agency, school, or nonprofit corporation.

(Ord. 483 §1, 1984)

"Basic subscriber radio service" means the provisions to all subscribers of such audio services and broadcast channels as permitted by the FCC.

(Ord. 483 §1, 1984)

"Basic subscriber television service" means the total of all of the following:

A. The transmission to all subscribers of all broadcast television channel signals authorized by the FCC and provided for in franchise agreement;

B. The provision to all subscribers of nonbroadcast open-channel signals, originating from sources outside the cable communications system;

C. The transmission to all subscribers of all cablecast open-channel signals.

(Ord. 483 §1, 1984)

"Broadcast signal" means 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 link.

(Ord. 483 §1, 1984)

"Cable communications system" or "system", sometimes referred to as "cable TV system," "CATV system," or "broadband communications network," means a system of antennas, cables, amplifiers, towers, microwave links, cablecasting studios, and any other conductors, converters, equipment or facilities designed and constructed for the primary purpose of producing, receiving, amplifying, storing, processing or distributing audio, video, digital or other forms of electronic or electrical signals.

(Ord. 483 §1, 1984)

"Cable communications system" or "system", sometimes referred to as "cable TV system," "CATV system," or "broadband communications network," means a system of antennas, cables, amplifiers, towers, microwave links, cablecasting studios, and any other conductors, converters, equipment or facilities designed and constructed for the primary purpose of producing, receiving, amplifying, storing, processing or distributing audio, video, digital or other forms of electronic or electrical signals.

"Channel" means a six-Megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, number of audio, digital or other nonvideo signals, or some combination of such signals.

(Ord. 483 §1, 1984)

"City" means the City of Jackson, California, and all of the territory within its present and future corporate boundaries. (Urban services area).

(Ord. 483 §1, 1984)

"City council" means the council of the City of Jackson, or such representative person or entity as may be designated initially or at some future date to act on cable communications matters.

(Ord. 483 §1, 1984)

"Closed-circuit" or "institutional service" means such video, audio, data and other services provided to institutional users on an individual application, private-channel basis. These may include, but not be limited to, audio or digital signals among institutions, or from institutions to residential subscribers.

(Ord. 483 §1, 1984)

"Commercial subscriber" means 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.

(Ord. 483 §1, 1984)

"Converter" means an electronic device which converts signal carriers from one form to another.

(Ord. 483 §1, 1984)

"Easements" means any public facilities right-of-way, public way or easement which has been dedicated to the city. The rights included in this definition are broad and shall permit the passage of all transmission lines for CATV cables, and the sharing of the trench with all other utility and public or private facilities where practicable.

(Ord. 483 §1, 1984)

"Educational channel" means any channel where educational institutions are the only designated programmers.

(Ord. 483 §1, 1984)

"FCC" means the Federal Communications Commission, or a designated representative.

(Ord. 483 §1, 1984)

"Franchise agreement" means a signed and notarized contract on the part of both grantor and grantee accepting and agreeing to all of the provisions of a franchise granted pursuant to this chapter, and other related material. The franchise agreement may modify terms of this chapter by mutual agreement, with any such modification requiring confirmation by appropriate ordinance amendment.

(Ord. 483 §1, 1984)

"Government channel" means any channel where local government agencies are the only designated programmers.

(Ord. 483 §1, 1984)

"Grantee" means the person or entity to which a franchise henceforth is granted for the construction, operation, maintenance and reconstruction of a cable communications system, and the lawful successors, transferees or assignees of said corporation or entity.

(Ord. 483 §1, 1984)

"Grantor" means the City of Jackson as represented by the city council and/or its authorized executive officer acting within the scope of its jurisdiction.

(Ord. 483 §1, 1984)

"Gross annual revenues" means the annual gross revenues received by the grantee from all sources of operations of the cable communications system except that any sales, excise or other taxes collected for direct pass-through to local, state or federal government shall not be included.

(Ord. 483 §1, 1984)

"Leased channel" or "leased access channel" means any channel available for lease and programming by persons and entities other than the grantee, including those portions of the other access channels not in use by their designated programmers.

(Ord. 483 §1, 1984)

"Local origination channel" means any channel where the grantee is the only designated programmer, and provides video programs to subscribers.

(Ord. 483 §1, 1984)

"Monitoring" means observing a one-way communications 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.

(Ord. 483 §1, 1984)

"Nonbroadcast signals" means a signal that is transmitted by a cable communications system and that is not involved in an over-the-air broadcast transmission path.

(Ord. 483 §1, 1984)

"Open channel" means any channel that can be received by all subscribers, without the necessity for special equipment.

(Ord. 483 §1, 1984)

"Pay-cable" or "pay-television" means the delivery to subscribers, over the cable communications 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.

(Ord. 483 §1, 1984)

"Person" means any corporation, partnership, proprietorship, individual or organization authorized to do business in the State of California, or any natural person.

(Ord. 483 §1, 1984)

"Private channel," or "closed-circuit channel" means any channel which is available only to subscribers who are provided with special converter or terminal equipment to receive signals on that channel.

(Ord. 483 §1, 1984)

"Public access channel," "community service channel" or "community channel" means any channel where any member of the general public or any noncommercial organization may be a programmer, on a first-come, first-serve, nondiscriminatory basis, subject to meet industry standards and materials for programming and context control.

(Ord. 483 §1, 1984)

"Programmer" means any 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 the cable communications system.

(Ord. 483 §1, 1984)

"Resident" means any person residing in the city or its service area as otherwise defined by applicable law.

(Ord. 483 §1, 1984)

"Residential subscriber" means a subscriber who received a service in an individual dwelling unit, where the service is not to be utilized in connection with a business, trade or profession.

(Ord. 483 §1, 1984)

"School" means any educational institution including primary and secondary schools, colleges and universities, both public and private.

(Ord. 483 §1, 1984)

"Subscriber" means any person, firm, corporation or other entity 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 communications system.

(Ord. 483 §1, 1984)

"Tapping" means 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.

(Ord. 483 §1, 1984)