Redondo Beach Municipal Code Art. 1 Definitions

For the purposes of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. If a term is defined in a franchise agreement differently than it is defined in this chapter, the definition in the franchise agreement, rather than the definition in this chapter, shall apply within the franchise agreement. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined herein shall be given the meaning set forth in the Cable Communications Policy Act of 1984 ("Cable Act"), 47 U.S.C. Section 521 et seq., and as hereinafter may be amended, and if not defined therein, their common and ordinary meaning.

"Access channel"

shall mean a channel dedicated in whole or in part for programming which is not originated by a cable company.

"Basic service"

shall mean any service tier which includes the retransmission of local television broadcast signals, and education, government, and public access channels.

"Cable Act"

shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521, et seq., as amended.

"Cable services"

shall be defined as the one-way transmission to subscribers of video programming or other programming services, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

"Cable system"

shall mean 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 which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: (a) a facility that serves only to retransmit the television signals of one of more television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. Section 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 interactive on-demand services; (d) an open video system that complies with Section 653 of this title; or (e) any facility of an electric utility used solely for operating its electric utility systems.

"City"

shall mean the City of Redondo Beach, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

"City Council"

shall mean the present governing body of the City or any future Council constituting the legislative body of the City.

"Day"

shall mean calendar day or days, unless otherwise specified.

"Equitable price"

shall be interpreted to have the meaning used in Section 627 of the Cable Act.

"Franchise"

means a local cable franchise granted by the City Council, unless otherwise specified.

"Grantee"

shall mean the person, firm or corporation to whom or which a franchise is granted by the City Council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.

"Gross revenues"

means all cash, credits, property of any land or nature, or other consideration received directly or indirectly by the Grantee, its affiliates, subsidiaries, parent or any person in which the Grantee has a financial interest, or from any source whatsoever arising from or attributable to the sale or exchange of cable services or noncable services by the Grantee within the City or in any way derived from the operation of its cable system within the City, including but not limited to monthly fees charged subscribers for basic service; monthly fees charged subscribers for any optional cable service; monthly fees charged subscribers for any tier of cable service other than basic service; installation, disconnection and reconnection fees; leased channel fees; fees, payments or other consideration received from programmers; converter rentals or sales; studio rental, production equipment and personnel fees; advertising revenues; and revenues from home shopping channels. Gross revenues shall not, however, include revenues from any noncable services to the extent that State or Federal law prohibits the City from obtaining franchise fees based on revenues from such noncable services. Gross revenues shall not include any uncollected receipts ("bad debt"); provided, however, that (a) all or any part of such actual bad debt that is written off but subsequently collected, and (b) any late fees offset against such bad debt, shall be included in gross revenues in the period collected or offset. Gross revenues shall not include any taxes on services furnished by the Grantee which are imposed upon any subscriber or user by the State, County, City or other governmental unit and collected by the Grantee on behalf of such governmental unit.

"Person"

shall mean an individual, partnership or other entity.

"Property of grantee"

shall mean all property owned, installed or used by a Grantee in the conduct of cable system business in the City under the authority of a franchise granted pursuant to this chapter.

"Proposal" or "application"

shall refer to a formal response by a qualified cable company in accordance with City specifications to provide cable services to residents, businesses, industries, and institutions within the City.

"State video franchise"

means a state franchise to provide video services issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006.

"State franchise holder"

means a person which holds a state video services franchise issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006.

"Street"

shall mean only a street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, drive, pier, wharf, or bulkhead which is owned by a public entity in fee or as to which a public entity has been dedicated for street purposes, and with respect to which, and to the extent that, City has a right to grant the use of the surface of, and space above and below, in connection with a franchise for a cable system or other compatible uses.

"Subscriber"

shall mean any person that lawfully receives cable service over a cable system.

"User"

shall mean a party utilizing an access channel for purposes of production or transmission of material to subscribers, as contrasted with receipt in a subscriber capacity.

"Video service"

shall have the same meaning as in California Public Utilities Code Section 5830(s).

"Video service provider"

shall have the same meaning as in California Public Utilities Code Section 5830(t).

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)