Ventura Municipal Code Art. 1 General Provisions

This chapter is adopted pursuant to the municipal affairs provision of the City Charter and is applicable to all video service providers who are eligible for, and have been awarded, a state video franchise under the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code Section 5800 et seq. (“DIVCA”), to provide video services in any portion of the city. (Ord. No. 2009-029, § 1, 12-7-09)

The rights reserved to the city under this chapter are in addition to all other rights of the city whether reserved by this chapter or authorized by other applicable law, and no action, proceeding or exercise of a right will affect any other rights that may be held by the city. (Ord. No. 2009-029, § 1, 12-7-09)

Nothing contained in this chapter exempts a state franchise holder from compliance with all ordinances, rules or regulations of the city 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 city, insofar as those may be enforced under California Public Utilities Code Section 5800 et seq. (Ord. No. 2009-029, § 1, 12-7-09)

For purposes of this chapter the following terms, phrases, words, and their derivations will have the meaning given in this chapter. Unless otherwise expressly stated, words not defined in this chapter will be given the meaning set forth in DIVCA. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and “including” and “include” are not limiting. The word “shall” is always mandatory.

“Applicable law” means all lawfully enacted and applicable federal, state, and city laws, ordinances, codes, rules, regulations and orders as the same may be amended or adopted from time to time.

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

“Cable service” means:

1. The one-way transmission to subscribers of video programming or other programming services; and

2. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

“City manager” means the city manager of the city of San Buenaventura or their designee.

“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.

“Gross revenues” means all revenues (whether in the form of cash or other consideration) of a state franchise holder or its affiliates in any way derived from its operations within the city.

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

“Network” shall have the same meaning as in DIVCA.

“Person” means an individual, partnership, association, joint stock company, organization, corporation, or any lawful successor thereto or transferee thereof, but such term does not include the city.

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

“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 city.

“State franchise holder” means a person who holds a state franchise.

“Subscriber” means the city or any person who legally receives any cable service or video service from a state franchise holder operator delivered over that state franchise holder’s network.

“User” means a person or the city utilizing a channel, capacity or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.

“Video service” shall have the same meaning as in DIVCA. (Ord. No. 2009-029, § 1, 12-7-09)