San Jose Municipal Code Part 1 Definitions

For purposes of this Chapter 15.28, certain words, phrases and terms used in this chapter and hereinafter defined in this Part 1 shall be deemed to have the meanings specified in this part unless it is apparent from the text that a different meaning is intended.

(Prior code § 1021.1; Ord. 22101.)

"Cable act" means the Communications Act of 1934 (47 U.S.C. § 151 et seq. (1934)), as amended by the Cable Communications Policy Act of 1984 (P.L. 98-549, 98th Cong., 2d Sess. (1984); 47 U.S.C. § 521 et seq.), as further amended by the Cable Television Consumer Protection and Competition Act of 1992 (P.L. 102-385, 102nd Cong., 2d Sess. (1992); 106 Stat. 1460), as the same may be further amended from time to time.

(Ords. 22101, 24623.)

"Cable 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 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 or one or more television broadcast stations;

B. A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless each facility or facilities uses any public right-of-way;

C. A facility of a common carrier, except that such facility shall be considered a cable system to the extent that such facility is used in the transmission of video programming directly to subscribers; or

D. Any facilities of any electric utility used solely for operating its electric utility systems.

(Ord. 22101.)

"FM" means frequency modulation radio transmission.

(Prior code § 10121.5; Ord. 22101.)

"Gross revenues" means any and all compensation and other consideration, in any form whatsoever, and any contributing grant or subsidy, received directly or indirectly by a grantee from subscribers or users of a cable system in payment for television or radio signal or service received within the city from such cable systems, excluding installation fees, line extension fees and any additional revenues of grantee specified in a franchise agreement. Gross revenues shall not include any taxes on services furnished by the grantee imposed directly on any user or subscriber by any city, state or other governmental unit and controlled by the grantee for such governmental unit.

(Prior code § 10121.6; Ord. 22101.)

"Grantee" means the person, individual, partnership, association, joint stock company, trust, corporation or governmental entity to whom or which a franchise or franchise renewal is granted by the council, pursuant to the provisions of this chapter, and the lawful successor or assignee thereof.

(Prior code § 10121.7; Ord. 22101.)

"Property of grantee" means all property owned, installed or used by a grantee in the conduct of a cable television business in the city.

(Prior code § 10121.8; Ord. 22101.)

"Service area" means the area in which the grantee is permitted to provide subscribers with cable television service pursuant to a franchise or franchise renewal granted under the provisions of this chapter.

(Prior code § 10121.9; Ord. 22101.)

"Street," for purposes of this chapter, means the surface of, and the space above and below, a public street, road, highway, freeway, lane, alley, court, sidewalk, parkway, drive or easement dedicated to uses compatible with a cable system, now or hereafter existing as such within the city.

(Prior code § 10121.10; Ord. 22101.)

"Subscriber" means any person receiving for any purpose any cable television service provided by a grantee.

(Prior code § 10121.11; Ord. 22101.)