Pleasant Hill Municipal Code Art. I General Provisions

The purpose of this chapter is to promote competition in the cable industry, facilitate the development of cable infrastructure, minimize aesthetic impacts and damage to public property, provide for the payment of reasonable compensation for the commercial use of public property, and establish customer service standards.

(Ord. 815 § 1, 2006)

All of the following definitions shall be construed liberally for the purpose of maximizing the scope of this chapter:

Affiliate

means any subsidiary of the operator, any parent of the operator, any person in which the operator has a financial interest, and any person who is directly or indirectly under common control with the operator.

Basic cable service

means the basic tier of service offered by the operator in accordance with 47 U.S.C. § 543(b)(7).

Cable operator or operator

means any person or group of persons (1) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. Cable operator includes, but is not limited to, affiliates of a cable operator who perform cable services through the operation of the cable system within the franchise area.

Cable service

means (1) the one-way transmission to subscribers of (a) video programming, or (b) other programming service, and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

Cable system

means the facility proposed to be built, rebuilt, upgraded and/or operated by an operator, which shall consist of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming, and which is provided to multiple subscribers within the city, but such term does not include: (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves subscribers without using any public rights-of-way within the city; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201, et seq., except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. § 541(c)) 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 interaction or on-demand services; (4) an open video system that complies with 47 U.S.C. § 573; or (5) any facilities of any electric utility used solely for operating its electric utility system.

FCC

means the Federal Communications Commission, its designee, or any successor governmental entity thereto.

Franchise

means a nonexclusive authorization granted pursuant to this chapter and applicable law to construct, operate, and maintain a cable system within the public rights-of-way to provide cable service within all or a specified area of the city. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city as required by state or city laws, ordinances or regulations, or for attaching devices to poles or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along public rights-of-way, public property or private property.

Franchise agreement

means a contract entered into pursuant to this chapter between the city and a cable operator that sets forth, subject to this chapter, the terms and conditions under which a franchise will be granted and exercised.

Franchisee

means a person that has been granted a franchise by the city in accordance with the provisions of applicable law.

Gross revenues

means all revenues derived directly or indirectly by the grantee or any affiliate of the grantee from the operation of the cable system to provide cable services in the city. Gross revenues shall include, without limitation, the following: (1) fees charged to subscribers for basic service, cable programming service, premium service, pay-per-view programming, video-on-demand programming, a la carte programming, or other cable service; (2) installation, disconnection, reconnection and change-in-service fees; (3) franchise or license fees; (4) late fees; (5) administrative fees, including FCC regulatory fees; (6) charges for the rental or sale of converters and other equipment to subscribers; (7) advertising revenues (excluding commissions paid to or retained by advertising agencies); provided, however, that revenues generated from advertising sales extending beyond the license area shall be prorated on a per subscriber basis, so that no revenues are double-counted, or attributed to more than one local governmental entity for purposes of calculating license fees; (8) leased access channel fees; (9) revenues for program guides; (10) studio and production equipment rental fees; and (11) revenues from home shopping channels. Gross revenues shall be calculated in accordance with generally accepted accounting principles (GAAP).

Normal operating conditions

means those conditions that are within the control of the cable operator. Conditions that are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Conditions that are within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

Person

means an individual, partnership, association, joint stock company, limited liability company, trust, corporation, or government entity.

PEG

means public, educational and governmental.

Public rights-of-way

means the surface of and the space above and below each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the city limits: streets, roadways, highways, avenues, paths, lanes, alleys, sidewalks, boulevards, easements, rights-of-way, and similar public property and areas that the city shall permit to be included within this definition from time to time. No reference herein to a public right-of-way shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of such property is sufficient to permit use of the property for the purpose of installing, operating, and maintaining a cable system. A cable operator shall be deemed to gain only those rights to use the property as are properly in the city, in its sole determination, and as the city may have the undisputed right and power to give.

Subscriber

means any person who or which lawfully elects to become a recipient of cable service in a manner consistent with the operator's applicable terms of service.

Transfer

is any transaction in which: (1) the franchise or the rights and obligations held by the operator under the franchise are transferred or assigned to another person or group of persons; or (2) there is a change in the direct or indirect control of the system, the franchise or the operator. The term control, as used herein, means working control, in whatever manner exercised. By way of illustration, and not limitation, the addition, deletion or other change of any general partner of the operator, or a cable operator of the cable system, is such a change of control.

(Ord. 815 § 1, 2006)