Los Gatos Municipal Code Art. I General Provisions

This chapter is applicable to all video service providers who are eligible for, and have been awarded, a state video franchise under the California Public Utilities Code section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006), to provide cable or video services in any portion of the Town.

(Ord. No. 2163, 8-4-08)

The rights reserved to the Town under this section 31.10.020 are in addition to all other rights of the Town whether reserved by this section 31.10.020 or authorized by other applicable law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the Town.

(Ord. No. 2163, 8-4-08)

Nothing contained in this chapter 31 exempts a state franchise holder from compliance with all ordinances, rules or regulations of the Town now in effect or which may be hereafter adopted which are not inconsistent with this chapter or California Public Utilities Code section 5800 et seq., or obligations under any franchise previously issued by the Town, insofar as those may be enforced under California Public Utilities Code section 5800.

(Ord. No. 2163, 8-4-08)

For purposes of this chapter 31, the following terms, phrases, words, and their derivations shall have the meaning given in this chapter. Unless otherwise expressly stated, words not defined in this chapter 31 shall be given the meaning set forth in the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code section 5800 et seq. ("DIVCA"). When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and "including" and "include" are not limiting. The word "shall" is always mandatory.

Access channel means any channel on a cable system or video system set aside by a state franchise holder for public, educational, or governmental use.

Applicable law means all lawfully enacted and applicable Federal, State, and Town laws, ordinances, codes, rules, regulations and orders as the same may be amended or adopted from time to time.

Applicant means any person submitting any application required under Division 2.5 of the California Public Utilities Code.

Cable service means (i) the one-way transmission to subscribers of video programming or other programming services; and (ii) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

Construction, operation, or repair and similar formulations of those terms mean the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavation and tree trimming. The term "operation" does not encompass or regulate the provision of services, but refers to activities affecting rights-of-way and other property subject to the jurisdiction of the Town.

Council means the Town Council, the governing body of the Town of Los Gatos, California.

Director means the Director of Parks and Public Works of the Town, or the Director of Parks and Public Works of the Town's designee.

DIVCA means the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code, section 5800 et seq., as may be amended from time to time.

Gross revenues means all revenues (whether in the form of cash or other consideration) of a state franchise holder or its affiliates in any way derived from its operations within the Town.

Incumbent cable operator shall have the same meaning as in DIVCA.

Network shall have the same meaning as in DIVCA.

Person means an individual, partnership, association, joint stock company, trust, corporation, or organizational entity, or any lawful successor, transferee or assignee thereof. The term does not include the Town.

Public rights-of-way shall have the same meaning as in DIVCA.

State franchise means a franchise issued by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in DIVCA, within any portion of the Town.

State franchise holder means a person who holds a state franchise.

Subscriber means the Town or any person who legally receives any cable service or video service from a state franchise holder delivered over that state franchise holder's network.

Town means the Town of Los Gatos, California.

Town Manager means the administrative head of the Town Government under the direction and control of the Town Council.

Video Service shall have the same meaning as in DIVCA.

(Ord. No. 2163, 8-4-08; Ord. No. 2320, § III, 9-7-21)