Oakland Municipal Code Part 2 Definitions

For purposes of this chapter, 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 shall be given the meaning set forth in Division 2.5 of the California Public Utilities Code, section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006) and the provisions of Title 1, Chapter 1.04, General Provisions, of the Oakland Municipal Code.

A. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority.

B. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision.

C. Unless otherwise specified, references to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.

(Ord. 12819 § 1 (part), 2007)

"PEG access," or "PEG use" refers to the availability of a cable or video system for public, education or government use by various agencies, institutions, organizations, groups, and individuals, including the city and its designated access providers, to distribute programming not under a state franchise holder's editorial control.

(Ord. 12819 § 1 (part), 2007)

"City" means the city of Oakland and all departments, divisions, and agencies thereof; except that, when used to describe a geographic area, the term refers to the boundaries of the city of Oakland, California, as they exist now or may exist in the future.

(Ord. 12819 § 1 (part), 2007)

"City Administrator" means the City Administrator of the city of Oakland or his or her designee.

(Ord. 12819 § 1 (part), 2007)

"Gross revenues" means all revenues actually received by the holder of a state franchise that are derived from the operation of the holder's network to provide cable service or video service within the areas of the city, subject to the specifications of California Public Utilities Code section 5860.

(Ord. 12819 § 1 (part), 2007)

"Network" means a component of a facility that is wholly or partly physically located within the public right-of-way that is used to provide video service or cable service.

(Ord. 12819 § 1 (part), 2007)

"Person," unless it otherwise appears from the context as used, means and includes any person, individual, firm, organization, corporation, partnership, association, limited liability company, joint stock or other company, business or other trust, public agency, school district, the State of California, its political subdivisions and/or instrumentalities, or any other legal entity, but not the city.

(Ord. 12819 § 1 (part), 2007)

"Public rights-of-way" or "rights-of-way" means the surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, parkstrip, drive, or right-of-way or easement generally available to and used by utilities, communication companies, or for travel by the public, now or hereafter existing within the city which may be properly used and the city has the authority to allow the use of.

(Ord. 12819 § 1 (part), 2007)

"State franchise holder" or "holder" means a person or group of persons that has been issued a franchise by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in California Public Utilities Code section 5830, within any portion of the areas of the city.

(Ord. 12819 § 1 (part), 2007)