Santa Clara County Municipal Code Art. 1 General Provisions

This chapter is applicable to all video service providers who are eligible for, and have been awarded, a state video franchise under the California Public Utilities Code Section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006), to provide cable or video services in any unincorporated portion of the County.

(Ord. No. NS-906, § 1, 6-24-09)

The rights reserved to the County under this Chapter III are in addition to all other rights of the County whether reserved by this Chapter III or authorized by other applicable law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the County.

(Ord. No. NS-906, § 1, 6-24-09)

Nothing contained in this Chapter III exempts a state franchise holder from compliance with all ordinances, rules or regulations of the County now in effect or which may be hereafter adopted which are not inconsistent with this chapter or California Public Utilities Code Section 5800 et seq., or obligations under any franchise previously issued by the County, insofar as those may be enforced under California Public Utilities Code Section 5800.

(Ord. No. NS-906, § 1, 6-24-09)

(a) The definitions set forth in this article shall govern the application and interpretation of this chapter.

(b) Subject to the provisions of Section A1-23 of the County Ordinance Code, the words "shall" and "will" are mandatory, and "may" is permissive.

(c) Words not defined in this chapter shall have the same meaning as in the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code, section 5800 et seq. ("DIVCA") in effect on the effective date of the ordinance enacting this chapter, and, if not defined therein, their common and ordinary meaning.

(d) References to governmental entities (whether persons or entities) refer to those entities or their successors in authority.

(e) If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision.

(f) Unless otherwise specified, references to "applicable law" shall be interpreted broadly to include government actions, however nominated, and include all lawfully adopted and applicable Federal, State and County laws, ordinances, codes, rules, regulations, orders, written policies, and practices now in force or hereinafter adopted or amended.

(Ord. No. NS-906, § 1, 6-24-09; Ord. No. NS-907, § 1, 5-8-18)

"Access channel" means any channel on a cable system or video system set aside by a state franchise holder for public, educational, or governmental use.

(Ord. No. NS-906, § 1, 6-24-09)

"Affiliate" means a person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, another person.

(Ord. No. NS-906, § 1, 6-24-09)

"Applicant" means any person submitting any application required under Division 2.5 of the California Public Utilities Code.

(Ord. No. NS-906, § 1, 6-24-09)

Editor's note— Sec. 2 of Ord. No. NS-907, adopted May 8, 2018, deleted § B10-142, which pertained to the definition of Board of Supervisors and derived from Ord. No. NS-906, adopted June 24, 2009.

(Ord. No. NS-906, § 1, 6-24-09)

"Cable service" shall have the same meaning as in Title VI of Title 47 of the United States Code, as amended from time to time.

(Ord. No. NS-906, § 1, 6-24-09)

"Construction, operation or repair" and similar formulations of that term means the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavation, the management of the cable system and its operations and work performed in connection with the same including but not limited to restoration of property affected by the construction, operation or repair of a network. The term "operation" does not encompass or regulate the provision of services, but refers to activities affecting rights-of-way and other property subject to the jurisdiction of the County.

(Ord. No. NS-906, § 1, 6-24-09)

Editor's note— Sec. 3 of Ord. No. NS-907, adopted May 8, 2018, deleted § B10-145, which pertained to the definition of County and derived from Ord. No. NS-906, adopted June 24, 2009.

Editor's note— Sec. 4 of Ord. No. NS-907, adopted May 8, 2018, deleted § B10-146, which pertained to the definition of County Executive and derived from Ord. No. NS-906, adopted June 24, 2009.

"Director" means the Director of the County Roads and Airports Department or the Director's authorized representative.

(Ord. No. NS-906, § 1, 6-24-09)

"DIVCA" means the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code, section 5800 et seq., as may be amended from time to time.

(Ord. No. NS-906, § 1, 6-24-09)

"Gross revenues" means any and all revenue, of any kind, nature or form, of a state franchise holder or its affiliates in any way derived from its operations within the County, whether derived from revenue sources existing as of the effective date of this ordinance or revenue sources that may develop in the future.

(Ord. No. NS-906, § 1, 6-24-09)

"Incumbent cable operator" shall have the same meaning as in DIVCA.

(Ord. No. NS-906, § 1, 6-24-09)

"Network" shall have the same meaning as in DIVCA.

(Ord. No. NS-906, § 1, 6-24-09)

Editor's note— Sec. 5 of Ord. No. NS-907, adopted May 8, 2018, deleted § B10-152, which pertained to the definition of Person and derived from Ord. No. NS-906, adopted June 24, 2009.

"Public rights-of-way" shall have the same meaning as in DIVCA.

(Ord. No. NS-906, § 1, 6-24-09)

"State franchise" means a franchise issued by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in DIVCA, within any portion of the County.

(Ord. No. NS-906, § 1, 6-24-09)

"State franchise holder" means a person who holds a state franchise

(Ord. No. NS-906, § 1, 6-24-09)

"Subscriber" means the County or any person within the unincorporated portions of the County who is lawfully receiving, for any purpose or reason, any cable service or video service from a state franchise holder.

(Ord. No. NS-906, § 1, 6-24-09)

"Video service" shall have the same meaning as in DIVCA.

(Ord. No. NS-906, § 1, 6-24-09)