Article V — DEFINITIONS

SEC. 23-55. DEFINED TERMS AND PHRASES.

(A) For purposes of this chapter, the following words shall have the following meanings.

(1) "Cable Service" means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is

required for the selection or use of that video programming or other programming service. For the purposes of this definition, "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and "other programming service" means information that a cable system operator makes available to all subscribers generally.

(2) "Cable System," or "Cable Communications System" or "Cable Television System" means a facility, consisting of a set of closed transmission paths and

associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term "cable system" does not include:

(a) A facility that serves only to retransmit the television signals of one or more television broadcast stations;

(b) A facility that serves subscribers without using any public right-of-way;

(c) A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility will be

considered a cable system (other than for purposes specified in Section 621(c) of the Communications Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

(d) An open video system that complies with Section 653 of the Communications Act; or

(e) Any facilities of an electric utility that are used solely for operating its electric utility system.

(3) "Cable System Operator" means any person or group of persons:

(a) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or

(b) Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system.

(4) "Communications Act" means the Communications Act of 1934 (47 U.S.C. section 153et seq.), as amended by the Cable Communications Policy Act of 1984,

the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996.

(5) "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications

services and telecommunications service providers on a national level.

(6) "Franchise" means an initial authorization, or the renewal of an initial authorization, granted by the city council, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate, or otherwise, that authorizes the construction or operation of a cable system or an open video system.

(7) "Franchise Fee" means any fee or assessment of any kind that is authorized by State or federal law to be imposed by the city on a grantee as compensation in

the nature of rent for the grantee's use of the public rights-of-way. The term "franchise fee" does not include:

(a) Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services,

but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);

(b) Capital costs that are required by the franchise to be incurred by a grantee for public, educational, or governmental access.

(c) Requirements or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit,

insurance, indemnification, penalties, or liquidated damages; or

(d) Any fee imposed under Title 17, United States Code.

(8) "Franchise Service Area" or "Service Area" means the entire geographic area of the city as it is now constituted, or may in the future be constituted, unless

otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement.

(9) "Grantee" means any person that is awarded a franchise in accordance with this chapter, and that person's lawful successor, transferee, or assignee.

(10) "Multichannel Video Programming Distributor" or "Video Programming Distributor" means a person such as, but not limited to, a cable system operator, an

open video system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive- only satellite program distributor, that makes available multiple channels of video programming for purchase by subscribers or customers.

(11) "Open Video System" means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is

designed to provide cable service, including video programming, and that is provided to multiple subscribers within the city, provided that the FCC has certified that such system is authorized to operate in the city and complies with 47 CFR 1500 et seq., entitled "Open Video Systems."

(12) "Open Video System Operator" means any person or group of persons who provides cable service over an open video system and directly or through one or

more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system.

(13) "Public, Educational Or Government Access Facilities" or "PEG Access Facilities," means the total of the following:

(a) Channel capacity designated for noncommercial public, educational, or government use; and

(b) Facilities and equipment for the use of that channel capacity.

(14) "Subscriber" or "Customer" or "Consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming

distributor and who pays the charges for those services.

(15) “State Franchisee” means any holder of a state-issued video franchise operating in the city, as defined in Cal. Pub. Util. Code Section 5830(p).

(16) "Street" or "Public Right-of-Way" means any public property, including each of the following that has been dedicated to the public or to public use and

maintained under public authority or by others and is located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of- way, and similar public property that the city from time to time authorizes to be included within the definition of a street.

(17) "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the

form or content of the information as sent and received.

(18) "Telecommunications Equipment" means equipment, other than customer premises equipment, used by a telecommunications service provider to provide

telecommunications service, including software that is integral to that equipment.

(19) "Telecommunications Service" means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively

available directly to the public, regardless of the equipment or facilities that are used.

(20) "Telecommunications Service Provider" means any provider of telecommunications service.

(21) "Video Programming Provider" means any person or group of persons who has the right under the federal copyright laws to select and to contract for the

carriage of specific video programming on a cable system or an open video system.

(22) "Video Provider" means any person, company, or service that provides one or more channels of video programming to a residence, including a home, multi-

family dwelling complex, congregate-living complex, condominium, apartment, or mobile home, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of- way are used in the delivery of that video programming and includes, without limitation, providers of cable television service, open video system service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services,

and other providers of video programming, whatever their technology.

(B) Unless otherwise expressly stated, words, terms, and phrases not defined in this chapter will be given the meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that code, the meaning as used in Title 47 of the CFR.

(Ord. No. 2650, 2782)