Los Angeles County Municipal Code Ch. 16.58 Definitions

For the purpose of this Division 4, the following terms, phrases, words and their derivations shall have the meaning given in this chapter. When not inconsistent with the context, words used in the present tense include the future, 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. 88-0159F § 1 (part), 1988.)

"Advertising receipts" means any and all income, compensation, fees and other consideration received directly or indirectly by franchisee, derived from any form of advertising, relating directly or indirectly to franchisee's franchise activities and operations.

(Ord. 88-0159F § 1 (part), 1988.)

"Basic service" means the simultaneous delivery by franchisee to television receivers (or any other suitable type of audio- video communication receivers) of any service other than an enhanced service distributed over the system, and at a minimum must include all public, educational and governmental use (PEG) channels and all broadcast channels required to be carried pursuant to federal law.

(Ord. 88-0159F § 1 (part), 1988.)

"Board" means board of supervisors of the county of Los Angeles. If any territory covered by the franchise comes within the limits of any incorporated city, then as to such incorporated area, "board" means the legislative body of such city.

(Ord. 88-0159F § 1 (part), 1988.)

"Cable Act" means the Federal Cable Communications Policy Act of 1984, Pub.L. No. 98-549, 98 stat. 2779 (1984), which amends the Federal Communications Act of 1934, and as hereafter amended.

(Ord. 88-0159F § 1 (part), 1988.)

"Cable service" means the one-way transmission to subscribers and institutional users of video programming and other programming services, together with return capability, if any. Examples of cable services include but are not limited to: video programming, pay-per-view, voter preference polls in the context of a video program, teletexts, one-way transmission of any computer software, and one-way videotex services, such as stock market information.

(Ord. 88-0159F § 1 (part), 1988.)

A.

"Cable television system" or "system" means a system of antennas, cables, wires, lines, towers, waveguides, microwaves, microwave, laser beam, fiber optics, master antenna system, multiple distribution system, satellite, or any other conductors, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, amplifying and distributing audio, video, voice, data signals, digital signals, fiber optic signals, and other forms of electronic or electrical signals, located in the unincorporated area of the county of Los Angeles, and constructed or used for one or more of the following purposes:

Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;

Transmitting original cablecast programming not received through television broadcast signals;

Transmitting television pictures, film and videotape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers;

Transmitting and receiving all other signals: digital, voice and audio-visual;

Any other applications used in transmitting audio and/or visual signals.

B.

"Cable television system" or "the system" also means "community antenna television system" (as that term is used in Section 53066 of the Government Code of the State of California), "CATV system," "cable system" or "cable communications system."

C.

An exception to the above definition is a state or interstate common carrier over which the county of Los Angeles has no jurisdiction.

(Ord. 88-0159F § 1 (part), 1988.)

"Commission" means the business license commission as provided for in that portion of the Administrative Code of the county set out at Chapter 2.54 of Title 2 of this code.

(Ord. 88-0159F § 1 (part), 1988.)

"Construction" means any new construction, reconstruction, upgrade, mandatory extensions, or reconfigurations (e.g., converter change-out, channel upgrades) of the cable television system.

(Ord. 88-0159F § 1 (part), 1988.)

"County" means the county of Los Angeles, state of California.

(Ord. 88-0159F § 1 (part), 1988.)

"Department" means the department of consumer affairs, or its successor thereto, county of Los Angeles.

(Ord. 95-0052 § 64, 1995: Ord. 88-0159F § 1 (part), 1988.)

"Director" means director, department of consumer affairs, county of Los Angeles, or his authorized representative.

(Ord. 95-0052 § 65, 1995: Ord. 88-0159F § 1 (part), 1988.)

"Enhanced service" means any service distributed over the subscriber system for which there is a per channel(s), per unit(s), or per package charge to the subscriber.

(Ord. 88-0159F § 1 (part), 1988.)

"FCC" means the Federal Communications Commission, its designee or any successor thereto.

(Ord. 88-0159F § 1 (part), 1988.)

"Franchisee" or "grantee" means the person to whom the franchise is granted, and any person to whom it lawfully may be assigned.

(Ord. 88-0159F § 1 (part), 1988.)

"Franchise payment period" means the period from the effective date of the ordinance granting the franchise through December 31st of the year granting the franchise, and each calendar year thereafter, during the term of the franchise.

(Ord. 88-0159F § 1 (part), 1988.)

"Franchise property" or "facilities" means any and all property of the franchisee, including, but not limited to, service connections with the franchisee's facilities, whether installed by the franchisee or not, erected, constructed, installed, laid, operated or maintained in the unincorporated territory of the county pursuant to any right or privilege granted by the franchise.

(Ord. 88-0159F § 1 (part), 1988.)

"Franchise report period" in all cases means the period from the effective date of the ordinance granting the franchise through December 31st of the year of granting the franchise, and each calendar year thereafter, during the term of the franchise.

(Ord. 88-0159F § 1 (part), 1988.)

"Gross revenues" means any and all income, compensation, fees and other consideration received directly or indirectly by franchisee, its affiliates, subsidiaries, parent, and any other person or entity in which the franchisee has a financial interest or which has a financial interest in the franchisee, arising from or attributable to operation of the cable television system, including, but not limited to the following sources:

A.

Installation fees, disconnect and reconnect fees and fees for regular cable benefits, including the transmission of broadcast signals and access and local origination channels, if any, derived from its operations within the authorized franchise area;

B.

Basic subscriber receipts;

C.

Enhanced service receipts, including, but not limited to, income derived from per-program or per-channel charges;

D.

Advertising receipts;

E.

Lease receipts;

F.

Any other income from any source derived from franchisee's franchise operations.

(Ord. 88-0159F § 1 (part), 1988.)

"Headend" means the electronic processing center for distribution of the signals received from the master antenna.

(Ord. 88-0159F § 1 (part), 1988.)

"Highway" means any public highway, including bridges, freeway (except a state freeway), street, road, alley, lane, trail or court, or other public property or public easement as hereinafter defined, and above and below the same, which now exists or which may hereafter exist in any unincorporated territory of the county and in which the county has the authority to grant a franchise.

(Ord. 88-0159F § 1 (part), 1988.)

"Lease receipts" means any and all income, compensation, fees and other consideration received directly or indirectly by franchisee for the lease or rental of franchise property, and compensation for any service in connection therewith including but not limited to studio and equipment rental and production costs of any channel permitted or designated by the FCC to be so leased or rented.

(Ord. 88-0159F § 1 (part), 1988.)

"Leased channel" means a channel on the cable system on which the franchisee shall provide open, widespread, and reasonable access to persons who desire to use said channel for commercial purposes, as defined in Section 612 of the Cable Act.

(Ord. 88-0159F § 1 (part), 1988.)

"Ordinance No. 3597" means county of Los Angeles Ordinance No. 3597, entitled "highway permit ordinance" adopted May 28, 1940, and as subsequently amended, and as set forth in Division 1 of this Title 16; or the provisions of whatever superseding or supplementary ordinance which is in force at that time.

(Ord. 88-0159F § 1 (part), 1988.)

"PEG" means public, educational and governmental uses as defined in Section 611 of the Cable Act.

(Ord. 88-0159F § 1 (part), 1988.)

"PEG user" means a party utilizing a PEG channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.

(Ord. 88-0159F § 1 (part), 1988.)

"Person" means any individual, firm, partnership, association, corporation, joint venture, company or other legally recognized entity, whether for-profit or not-for-profit, but shall not mean the county.

(Ord. 88-0159F § 1 (part), 1988.)

"Public easement" includes, but is not limited to, any easement created by dedication to the public, the county, or any public entity, for public-utility purposes or any other purpose whatsoever.

(Ord. 88-0159F § 1 (part), 1988.)

"Public entity" means any district or other political subdivision of which the board is ex officio the governing body, or the members of the board are ex officio members of the governing body.

(Ord. 88-0159F § 1 (part), 1988.)

"Road commissioner" means road commissioner of the county of Los Angeles. If any highway becomes a state highway, or if any territory covered by the franchise comes within the limits of any incorporated city, then as to such state highway or such incorporated area, "road commissioner" means the commission, board or officer of the state, or of such city, respectively, having powers and duties analogous or similar in such jurisdiction, respectively, to the powers and duties of the road commissioner in the unincorporated territory of the county.

(Ord. 88-0159F § 1 (part), 1988.)

"Section" means a section of the ordinance codified in this Division 4 of Title 16, unless some other ordinance or statute is mentioned.

(Ord. 88-0159F § 1 (part), 1988.)

"Service" means any basic service, any enhanced service, or any other service, whether or not originated by the franchisee, which is offered to any subscriber in conjunction with, or which is distributed over, the system.

(Ord. 88-0159F § 1 (part), 1988.)

"Service area" means that area of the county in which the franchisee is authorized to construct and operate, and provide service connections for, a cable television system pursuant to the terms and conditions of the franchise.

(Ord. 88-0159F § 1 (part), 1988.)

"State-of-the-art" means that level of technical performance or capacity, service, plant or other equipment, production or other facilities, or construction techniques for which there is a reasonable market demand and which has been developed and demonstrated to be workable and such that it would be economically feasible and viable in the franchise area during the term of the franchise.

(Ord. 88-0159F § 1 (part), 1988.)

"Subscriber" means any person or entity lawfully receiving for any purpose any service of the franchisee's cable television system, including the ultimate recipient of any distribution of franchisee's service.

(Ord. 88-0159F § 1 (part), 1988.)

"Tier(s) or "tier(s) of service" shall mean a grouping or groupings of program services on the cable television system which is marketed to subscribers for a single monthly or other charge.

(Ord. 88-0159F § 1 (part), 1988.)