Lakeport Municipal Code Art. I Definitions

Unless otherwise indicated in this chapter, the following terms have the following meanings:

A.

"CATV"

means a cable distribution system and any services or signals, television, radio or otherwise, capable of being delivered by the cable distribution system, and shall include, without limitation, a community antenna television system consisting of antenna, cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing or creating television or radio signals through its facilities. "CATV" does not mean or include the transmission of any special program or event for which a separate charge is made to the subscriber in the manner commonly known and referred to as "pay television" and the licensee expressly agrees that no entertainment programs shall be provided in this manner.

B.

"City" and "council"

means the city of Lakeport and the city council of the city of Lakeport.

C.

"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 licensee from subscribers or users in payment for television or FM radio signals, or service received within the city. "Gross annual receipts" does not include any taxes on services furnished by the licensee imposed directly on any subscriber or user by any governmental unit and collected by the licensee for such governmental unit.

D.

"License"

means and includes any nonexclusive authorization granted pursuant to this chapter in terms of a license, permit or otherwise to construct, operate and maintain a CATV system in the city.

E.

"Licensee"

means the person, firm or corporation to whom or which a license, under this chapter, is granted by the council and the lawful successor or assignee of said person, firm or corporation, but shall not include a telephone company, whose facilities are constructed, operated and maintained pursuant to its state-granted telephone franchise, furnishing a licensee hereunder with distribution channels for use in a CATV system. No provision of this chapter shall be deemed or construed as requiring the granting of a license hereunder to a telephone company furnishing such a channel service.

F.

"Property of licensee"

means all property constructed, installed, operated or maintained by a licensee under the authority of a nonexclusive license issued pursuant to this chapter.

G.

"Service area"

means the area in the city in which a licensee is authorized, pursuant to this chapter, to construct, maintain and operate a CATV system.

H.

"Street"

means the surface of and the space above and below any public street, highways, alleys, public properties or public easements of the city, now or hereafter existing as such within the city.

I.

"Subscriber"

means any person or entity receiving for any purpose the CATV service of a licensee.

(Ord. 465 Art. 1 § 1, 1971)