Yucaipa Municipal Code Art. III Definitions

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. When not inconsistent with their context, words used in the present tense include the future tense, words in the plural number include the singular number, and words used in the singular number include the plural number. Words not defined herein shall be defined in accordance with Cable Communications Policy Act of 1984 and all subsequent amendments. Where words are not defined as outlined above, words shall be given their common and ordinary meaning.

(Ord. 205 § 3, 2001)

“A/B switch”

shall mean a device, which permits a cable subscriber to select one of two incoming cable television, recorded, or off-the-air television signals for output to a recording device and/or television.

(Ord. 205 § 3, 2001)

“Access channel”

shall mean a channel dedicated in whole or in part for programming which is not originated or controlled by a cable service provider, including but not limited to public, educational or governmental access programming (sometimes referred to as “PEG” access) or leased access programming.

(Ord. 205 § 3, 2001)

“Access corporation”

shall mean the nonprofit corporation or other entity which may be designated by the city and operated for the purpose of coordinating the provision of public, educational, and governmental access programming and providing other services within a franchise area.

(Ord. 205 § 3, 2001)

“Agreement” or “franchise agreement”

shall mean a separate contractual agreement that is entered into between the city and a franchisee, together with the appendices thereto to the extent expressly incorporated therein, and all amendments or renewals thereof.

(Ord. 205 § 3, 2001)

“Alternative administrative charge”

means a charge used in place of a franchise fee. An alternative administrative charge is not based on a cable service provider’s gross annual revenues (as is the case in a franchise fee), but rather is based on the cost to administer and enforce the ordinance codified in this title.

(Ord. 205 § 3, 2001)

“Auxiliary equipment”

means equipment supplied by the cable service provider (such as a converter, remote control unit or device, digital tuner, or input selector switch), which is used to enhance or assist in the reception or provision of cable service.

(Ord. 205 § 3, 2001)

“Basic service”

shall mean any service tier which includes the retransmission of local television broadcast signals and PEG access channels.

(Ord. 205 § 3, 2001)

“Cable act”

means the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., as from time to time amended.

(Ord. 205 § 3, 2001)

“Cable administrator”

shall mean the individual appointed by the city council who will serve as the technical and administrative liaison or representative of the city with subscribers in matters dealing with customer service and repair operations, adequacy of signal quality, service areas, reception problems, compliance, performance reviews, etc., and rate increase requests, if applicable, and all other matters touching or concerning the administration of franchise agreements granted pursuant to the ordinance codified in this title. Pursuant to the ordinance codified in this title, the cable administrator is designated as the point of contact for all matters relating to a franchise or a franchisee. It shall be presumed that the cable administrator is acting as the city’s designee and under the city’s direction. The city manager (or designee) shall serve as cable administrator unless a different appointment is made by the city council.

(Ord. 205 § 3, 2001)

“Cable operator”

means a cable service provider or any person or group of persons who provides cable television or video subscription service over a cable system and directly or through one or more affiliates own a significant interest in such cable system; or otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

(Ord. 205 § 3, 2001)

“Channel” or “cable channel”

means a portion of the electronic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (television channel is defined by the FCC by regulation). “Channel” shall also mean discrete segments of bandwidth reserved for cable services, data transmissions or other communications services, but not including video signals.

(Ord. 205 § 3, 2001)

“City”

shall mean the geographic areas within the boundaries of the city of Yucaipa, San Bernardino County, California.

“City”

shall also mean that person or persons designated and authorized by the city council to act on behalf of the residents of the city of Yucaipa in connection with this ordinance and any franchise agreement.

(Ord. 205 § 3, 2001)

“Collection charge”

means a charge or fee imposed on a customer by a cable service provider for such provider’s efforts at collecting, or attempting to collect, a past due and/or delinquent account.

(Ord. 205 § 3, 2001)

“Complaint”

shall mean any verbal or written allegation or assertion of dissatisfaction with the cable services, other communications services or operations of the franchisee, including but not limited to issues of signal quality and customer billing, made by a person to either the franchisee or the cable administrator, which requests or requires (i) corrective action by the franchisee to its cable services, other communications services or operations over the cable system or to the system or any portion thereof; or (ii) any subsequent investigation, research and/or service call (such as delivery or exchange of a converter box) to be undertaken by a franchisee, its employees or agents.

(Ord. 205 § 3, 2001)

The terms “completion of construction or reconstruction,” “complete system construction,” “satisfactorily complete,” “upgrade,” “rebuild,” and “fully activate” apply to both initial cable system construction as well as any upgrade or rebuild of an existing cable system and shall mean that in each instance that strand has been put up and all necessary wiring (including trunk and feeder cable) has been lashed; or, for underground construction, that all cable has been laid and trenches refilled, all road surfaces restored and landscaping restored; that, all amplifier housings and modules have been installed (including modules for return path signals if proposed); that primary and backup power supplies have been installed and operated properly, and all bonding and grounding has been completed; that construction or reconstruction of the headwinds or hubs has been completed and all necessary processing equipment has been installed; and that any and all other construction or reconstruction necessary for the cable system to deliver cable service to subscribers has been completed, including cable drops to each and every subscriber unit passed pursuant to the plans and specifications submitted to and approved by the city. Before connecting new or technically upgraded service to any subscriber, franchisee shall satisfactorily complete proof of performance tests on each new or technically upgraded segment of the cable system in compliance with the FCC’s technical standards. Cable services provided to segments of less than the entire cable system will be activated when the proof is completed. Construction, reconstruction, upgrade, or rebuild of any segment or of the entire cable system will not be considered complete until proof of performance tests have been conducted on such segment (or in the case of the entire cable system, on all segments of the cable system) in accordance with the signal quality requirements of the FCC’s technical standards and any performance characteristics of such segment which are found not to comply with such technical standards have been corrected. The term “completion of construction or reconstruction” does not include marketing and installation of subscriber service. Construction, reconstruction, upgrade, or rebuild is not complete until every customer in any construction, reconstruction, upgrade, or rebuild area is capable of receiving cable services. Construction, reconstruction, upgrade, or rebuild is not complete until the wreck-out of the old segments of the cable system has been completed to the satisfaction of the city.

(Ord. 205 § 3, 2001)

See “Cable service provider oversight council.”

(Ord. 205 § 3, 2001)

“CSR”

shall mean customer service representative.

(Ord. 205 § 3, 2001)

For purposes of the ordinance codified in this title, whenever reference is made to a number of days without qualification as to business or calendar days, such number of days shall be deemed to be calendar days.

(Ord. 205 § 3, 2001)

“FCC”

shall mean the Federal Communications Commission, its successor or such other administrative agency or agencies to which its duties are transferred.

(Ord. 205 § 3, 2001)

“FCC rules”

shall mean the rules and regulations adopted from time to time by the Federal Communications Commission pursuant to the Communications Act of 1934, as amended, or other federal law.

(Ord. 205 § 3, 2001)

“FCC technical standards”

shall mean the technical standards of the Federal Communications Commission as set forth in 47 C.F.R. Part 76, Subpart K [Technical Standards] of the FCC’s Rules, 76 C.F.R. Sections 76.601 et seq., as from time to time amended.

(Ord. 205 § 3, 2001)

“Franchisee” or “franchisees”

shall mean a cable service provider that has been granted a valid franchise agreement by the city.

(Ord. 205 § 3, 2001)

See “cable administrator.”

(Ord. 205 § 3, 2001)

"Gross revenues"

shall mean and include all amounts which are actually received, directly or, indirectly, by a franchisee from or in connection with the operation of the cable system, or any part of the system, located within the borders of the city and utilizing city streets and rights-of-way, or any other communications services, including but not limited to:

“Initial activation of cable service,” or “initially providing cable service”

shall mean with respect to a particular segment, group of segments or the entire cable system, as the case may be, that all proposed cable services and cable system capabilities as stated in a franchise agreement are available and/or in place, construction or reconstruction has been completed (see above definition of construction), and the completed segment or segments in question or the entire cable system, as the case may be, are capable of delivering cable services to every subscriber in every system segment pursuant to the plans and specifications submitted to and approved by the city.

(Ord. 205 § 3, 2001)

“Installation charge” or “connection fee”

means that charge, if any, imposed on a subscriber by the cable system provider for initial hookup, reconnect or relocation of equipment necessary to obtain or use cable services or other communication services.

(Ord. 205 § 3, 2001)

“Ordinance”

shall mean this cable service provider ordinance including any subsequent amendments, updates, or revisions.

(Ord. 205 § 3, 2001)

The interconnected network of networks that grew from the original ARPANET experiment and the NSF-subsidized internet.

(Ord. 205 § 3, 2001)

An interconnection of networks joined by routers, bridges and switches that provides end-to-end communications or data transmissions.

(Ord. 205 § 3, 2001)

The provision of access between a subscriber and the internet.

(Ord. 205 § 3, 2001)

The provision of internet access plus value added services such as electronic mail boxes, WWW servers, file space, domain name service, etc.

(Ord. 205 § 3, 2001)

“Leased access channel”

shall mean the channel capacity a franchisee is required to designate for commercial use by persons unaffiliated with the franchisee in accordance with the provisions of Section 612 of the Communications Act of 1934.

(Ord. 205 § 3, 2001)

“Local origination programming”

shall mean programming produced locally by a franchisee, or on behalf of a franchisee at the franchisee’s request, on subjects of local interest and concern.

(Ord. 205 § 3, 2001)

4.20.102.37.1.

"Cable system" or "system"

shall mean a facility consisting of a set of closed transmission paths and/or return paths and associated signal generation, reception, and control equipment that is designed to provide cable services and other communications services, which are provided to multiple subscribers within a community; any and all reception, distribution and amplification equipment including but not limited to a head end antenna complex and related equipment; a system of microwave retransmitters, coaxial and/or fiber optic cables (including trunk, distribution and drop cables) or other electrical conductors; signal amplifiers; program origination and cable casting facilities; and other equipment utilized by a private operator to receive, to transmit or to retransmit television satellite or radio signals to subscribers who shall receive such signals in a fashion other than off-the-air.

4.20.102.37.2.

"Cable system"

does not include:

4.20.102.37.2.1.

A facility that serves only to retransmit the television signals of one or more television broadcast stations; or

4.20.102.37.2.2.

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 to the extent such facility is used in the transmission of video programming directly to subscribers; or

4.20.102.37.2.3.

Any facility of an electric utility used solely for operating its electric utility systems.

(Ord. 205 § 3, 2001)

“Cable casting”

shall mean the transmission of programming carried on a cable system, exclusive of off-the-air broadcast signals, whether originated by the franchisee or any other party.

(Ord. 205 § 3, 2001)

“Cable services”

shall mean the transmission to and/or from subscribers of video programming and other programming services, and to the extent not prohibited by state or federal law, interactive services and other broadband information services (information that the franchisee makes available to subscribers generally) together with subscriber interaction, if any, which is required for the selection of such programming; but “cable services” shall not include “other communications services” as defined in this section.

(Ord. 205 § 3, 2001)

“Cable service provider”

shall mean any person who provides cable services.

(Ord. 205 § 3, 2001)

“Cable Service provider oversight council”

shall mean the city council of the city for the purpose of providing a forum for due process to franchisees subject to adverse actions by the cable administrator and reviewing franchisee appeals of cable administrator decisions.

(Ord. 205 § 3, 2001)

“Normal operating conditions”

shall mean those service conditions which are within the control of the cable service provider. Those conditions which are not within the control of the cable service provider include, but are not limited to, strikes, labor strife, sabotage, riots or civil disturbances, explosions, acts of public enemies, severe or unusual weather conditions, natural disasters such as floods, earthquakes, landslides and fires, large scale power or communication failures which exceed backup power supply capabilities, embargoes, quotas, rationing, material shortages, inability to secure materials or services or equipment from normal sources of supply following best efforts to do so. Those conditions which are ordinarily within the control of the cable service provider include, but are not limited to, financial considerations, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system, or loss of standby power for the period of time of operation for which the standby power unit is rated or designated to perform by the manufacturer.

(Ord. 205 § 3, 2001)

“Other communications services”

shall mean those services provided by the franchisee which do not involve the transmission to subscribers of video programming or other cable services as defined in this section, which other communications services shall include, but not be limited to, telephony, data transmission and voice services.

(Ord. 205 § 3, 2001)

“Person”

shall mean an individual, corporation or other entity, whether for profit or not for profit, but not the city.

(Ord. 205 § 3, 2001)

“Proposal” or “application”

shall mean a writing by a cable service provider to provide cable services to residents, businesses, industries, and institutions within the city.

(Ord. 205 § 3, 2001)

“Property of franchisee”

shall mean all the tangible or intangible property owned, installed, rented, leased or used by a franchisee in the conduct of cable system business in the city.

(Ord. 205 § 3, 2001)

“Scheduled outages”

means any planned service interruption to one or more channels of any duration that has been requested in writing by the franchisee at least thirty (30) days in advance and has been approved in writing by the city.

(Ord. 205 § 3, 2001)

“Service”

means any cable service, whether or not originated by a franchisee, which are offered to any subscriber and are distributed or made available over the cable system or any part of that system.

(Ord. 205 § 3, 2001)

“Service interruption” or “signal interruption”

shall mean the complete loss of cable service to any three or more subscribers (when normal operating conditions exist), including the loss of picture, sound, voice, or data on one or more channels regardless of the duration. Furthermore, failure to meet FCC technical standards at any location within the city shall also be deemed a service interruption during such time period where the cable service fails to comply with FCC technical standards. Any series of two or more service interruptions occurring within any twenty-four (24) consecutive hour period shall be deemed as a single, continuous complete loss of cable service. Any scheduled outage is not a service interruption.

(Ord. 205 § 3, 2001)

“Service related activity”

means any activity or function for which a franchisee receives revenue from any user or person other than a subscriber and which is directly associated with the operation of the cable system, or the production or distribution of any cable service over the cable system, including, but not limited to, revenues from advertising sales, home shopping commissions, the sales of products or services, program guide payments, payments from the lessors or purchasers of leased access channel capacity, payments for studio and other facilities or equipment rentals, billing services, audience promotions or the installation, lease, rental or sale of equipment, provided that such revenues are derived from cable programming services transmitted over or used in connection with the cable system serving the city. “Service related activity” does not include a franchisee’s acting as a collection agent for leased access programmers in which it receives revenues from subscribers and retransmits such revenues directly to leased access programmers without deducting franchisee’s billing fees.

(Ord. 205 § 3, 2001)

“Standard service drop”

shall mean a wiring connection, either aerial or underground, that is made available to all subscribers at a uniform installation fee or hourly service charge. A standard service drop shall require no more than a one hundred fifty (150) foot aerial drop or a one hundred (100) foot underground drop measured from the nearest point of a subscriber’s residence or place of business to the nearest active tap on the cable system and shall involve one outlet and standard materials. A standard drop shall exclude custom installation work, including specific subscriber requested work that requires non-standard inventory or cable routing requiring construction methods exceeding reasonable underground or aerial work.

(Ord. 205 § 3, 2001)

“State-of-the-art”

shall mean a cable system with production or other facilities, technical performance, capacity, equipment, components, and construction techniques equal to that which has been developed and demonstrated by existing cable television system operators and reputable equipment suppliers to be workable in the field, which is more modern and technologically advanced than generally in use, which is reasonably available and feasible to install, which is in use by at least two other cable systems in comparable areas of equivalent population, which customers have paid for in at least two other comparable markets for at least a year, which is based on a twelve (12) percent projected rate of return on investment derived from the additional or upgraded network capacity, and which investment can be amortized over a period of time which is both reasonable and customary in the cable television industry.

(Ord. 205 § 3, 2001)

“Street,” “city street” or “city right-of-way”

shall mean only a street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, city service easement or drive which is owned by the city in fee or to which the city has been granted an easement or which has been dedicated for street purposes or other compatible uses, and with respect to which, and to the extent that, the 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. For purposes of this definition, “other compatible uses” shall include easements dedicated for, or utilized in connection with, telephone, communications, electric, gas, water, sewer, cable television and similar purposes.

(Ord. 205 § 3, 2001)

“Subscriber”

shall mean any customer, consumer, person, organization, or other person lawfully receiving or otherwise utilizing cable services delivered over the cable system of the franchisee.

(Ord. 205 § 3, 2001)

“Two-way communication”

shall mean the transmission of telecommunications signals, including without limitation video, audio, voice and data signals, from subscriber locations or other points throughout the cable system back to the cable system’s control center or head-end facility as well as transmission of video, audio, voice, and data signals from such control center or head-end facility to subscriber locations.

(Ord. 205 § 3, 2001)

“Rate” or “user fee”

means the periodic service charge paid by a subscriber to the franchisee for cable system services or other communication services.

(Ord. 205 § 3, 2001)

“User”

shall mean a party utilizing a cable system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt in a subscriber capacity. A subscriber may be a user of the system when originating any transmission of any type which travels on the cable system.

(Ord. 205 § 3, 2001)

The terms “will be available,” “will be equipped,” “will use,” “will be designed,” “will perform,” “will be utilized,” “will permit,” “will allow,” “will be activated,” “will be initially connected,” “will be capable,” “will provide,” “will include,” “will employ,” “will be established,” “will be able,” “will be implemented,” “will be delivered,” “will utilize,” and other similar uses of terms of a franchisee’s proposal denoting the activation of cable service (which proposal has been incorporated by reference in the franchisee’s franchise agreement) shall be interpreted to mean delivery or accomplishment at a date no later than the initial activation of cable service as defined in the ordinance codified in this title unless otherwise expressly and clearly stated or qualified in a franchisee’s proposal to mean a wore specific or different time.

Approvals, consents, agreements, requirements, judgments or satisfactions shall, unless otherwise expressly provided in the ordinance codified in this title or the franchisee’s franchise agreement, not be unreasonably withheld by the person holding the right to approve, consent or agree or make a requirement or judgment or who must be satisfied.

(Ord. 205 § 3, 2001)