Chapter 13.80 — GENERAL PROVISIONS

For the purposes of this article, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section:

"Basic cable service" shall have the meaning provided in federal and state law and Federal Communications Commission regulations.

"Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and as they may be subsequently amended.

"Cable system" means a system which includes, but is not limited to, antennas, cables, wires, lines, towers, wireless links, cablecasting studios, or any other conductors, converters, equipment or facilities, which are designed, constructed or wired for the purpose of producing, receiving, amplifying, storing, processing or distributing by wire audio and/or visual and/or data signals to and from persons, subscribers and locations in the City.

"Expanded CATV service" means any communications service in addition to basic cable service provided by the grantee for an additional fee, including, but not by way of limitation, pay TV, burglar alarm service, advertising, data or other electronic transmission services, facsimile reproduction services, meter reading services and home shopping services.

"FCC" means the Federal Communications Commission.

"Franchise" means the non-exclusive authorization granted by this ordinance to occupy or use the streets within the City for the construction, operation and maintenance of a cable television system within all or part of the geographic limits of the City.

"Franchise agreement" means a signed agreement between the City and grantee accepting and agreeing to all of the provisions of the franchise and this ordinance, including referenced specifications, franchise applications, and other related material.

"Franchise area" means the territory within the City in which grantee shall be authorized to construct, maintain and operate its cable system and shall include any additions thereto.

"Grantee" means the person, firm or corporation to which a franchise is granted by the City Council under the ordinance codified herein, and the lawful successor, transferee or assignee.

"Gross annual revenue" means all revenue, as determined in accordance with generally accepted accounting principles, including the fair market value of any non-monetary compensation which is received, directly or indirectly, by grantee from or in connection with the distribution of any service on the cable system or the provision of any service related activity in connection with the cable system, whether or not authorized by this franchise. It shall also include any revenue received through any means which is intended to have the effect of avoiding the payment of compensation which would otherwise be paid to the City for the franchise granted by this agreement. It shall also include any debt recovered and advertising revenue which is received directly or indirectly by grantee in connection with the cable system. Gross annual revenue shall not include the revenue of any person to the extent the revenue is also included in the gross

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City of Orange, CA § 13.80.010

ORANGE CODE

§ 13.80.050

annual revenue of grantee or taxes on subscribers which City is required to collect.

"Property of grantee" means all property owned, installed or used by a grantee in the conducting of its cable system business in the City under the authority of a franchise granted pursuant to this article.

"Street or public street" means a street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, or drive which is owned by a public entity in fee or as to which a public entity has an easement for street purposes, and to which the City has a right to grant the use thereof for a franchise.

"Subscriber" means any person or entity receiving any service from grantee covered by this chapter.

(Prior code 6801; Ord. 32-79; Ord. 23-95)

Any lawful modifications resulting from the rules and regulations of the FCC are incorporated into this ordinance and any franchise as of the date such modifications become obligatory under FCC regulations; or in the event no obligatory date is established, within one year of FCC adoption or at the time of franchise renewal whichever occurs first. (Prior code 6857; Ord. 32-79; Ord. 23-95)

In the event the Federal Communications Commission or the Public Utilities Commission of the State of California, or any other federal or state body or agency, shall hereafter exercise any paramount jurisdiction over the subject matter of any franchise, then to the extent such jurisdiction shall preempt the exercise of the City's jurisdiction, the jurisdiction of the City shall to the extent so preempted, cease and no longer exist; provided, however, that any deregulation by any federal or state body or agency or the preemption or preclusion of the exercise by the City of any of its police power shall not diminish, impair, alter or affect any contractual obligation of the grantee under any franchise. Any and all minimum standards governing the operation of grantee and any and all maximum rates, ratios and charges specified herein or in any franchise existing now and at any time in the future are declared by the City and by any grantee accepting any franchise, to be contractual in nature and to be for the benefit of the City. Grantee agrees to accept and conform to such standards, rates, ratios and charges which is declared by the City and by any grantee to be material and essential consideration for the granting of any franchise, the absence of which, in whole or in part, would cause the City not to have granted such franchise. (Prior code 6838; Ord. 32-79; Ord. 23-95)

If any material section of this article or the franchise agreement, is held to be invalid or preempted by federal or state regulations or laws, the City shall have the option to terminate or modify this article or in the alternative, the franchise agreement as mutually agreed by grantee. If any of the provisions of this article or its application is held invalid by a competent judicial agency, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application. (Prior code 6859; Ord. 32-79; Ord. 23-95)

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City of Orange, CA

PUBLIC UTILITIES

§ 13.80.050

§ 13.80.050

The grantee shall assume the cost of publication of any franchise as such publication is required by law and such is payable upon the grantee's filing of acceptance of this franchise. (Prior code 6860; Ord. 32-79; Ord. 23-95)

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City of Orange, CA

PUBLIC UTILITIES

§ 13.81.010

§ 13.81.040