Santa Ana Municipal Code Div. 4 Definitions

(a) The words, terms, phrases, and their derivations set forth in this article have the meanings set forth below. Words used in the present tense include the future tense, and words in the singular include the plural number.

Affiliate means, when used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. For purposes of this definition, the term "own" means to own an equity interest, or its equivalent, of ten (10) percent or more.

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.

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:

(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 right-of-way;

(3) 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;

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

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

Cable system 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 that cable system; or

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

City means the City of Santa Ana as represented by its city council or by any delegate acting within the scope of its delegated authority.

_____CFR means the Code of Federal Regulations. Thus, the citation of "47 CFR 80.1" refers to Title 47, part 80, section 1, of the Code of Federal Regulations.

Communications Act means the Communications Act of 1934 (47 U.S.C. §§ 151, et 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.

FCC or 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.

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.

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:

(1) Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and grantees or their services);

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

(3) Costs 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

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

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 granting a franchise, or in a franchise agreement.

Grantee means any person that is awarded a franchise in accordance with this article, and that person's lawful successor, transferee, or assignee.

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."

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 (1) 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.

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

Public, educational or government access facilities or PEG access facilities, means the total of the following:

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

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

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.

Street or public way means each of the following that has been dedicated to the public 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.

_____ U.S.C. § _____ means the United States Code. Thus, the citation of "47 U.S.C. § 153" refers to Title 47, section 153, of the United States Code.

(b) Unless otherwise expressly stated, words, terms, and phrases not defined in this article will be given their meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that Code, their meaning as used in Title 47 of the Code of Federal Regulations.

(Ord. No. NS-2468, 6-4-01)