Chapter 4.10 DEFINITIONS

For the purpose of this Division 2, the following terms, phrases, words and their derivations shall have the meaning given in this chapter. (Ord. 89-28, 1/23/90)

4.10.020 Advertising Receipts.

“Advertising receipts” means any and all income, compensation, fees and other consideration received directly or indirectly by franchisee, derived from any form of advertising, relating directly or indirectly to franchisee’s franchise activities and operations. (Ord. 89-28, 1/23/90)

4.10.030 Basic Service.

“Basic service” means the simultaneous delivery by franchisee to television receivers (or any other suitable type of audio-video communication receivers) of

A. All signals of over-the-air television broadcasters authorized by the FCC to be carried by a cable television system as defined by the FCC;

B. Local government access channels;

C. Education access channels;

D. Public access channels;

E. Lease channels; and

F. Additional service at the option of the company; however, pay or subscription television as defined by the FCC shall not be considered part of the basic service. (Ord. 89-28, 1/23/90)

4.10.040 Basic Subscriber Receipts.

“Basic subscriber receipts” means any and all income, compensation, fees and other consideration received directly or indirectly by the franchisee from subscribers in payment for the basic service of the cable television system. (Ord. 89-28, 1/23/90)

4.10.060 Cable Television System or System.

A. “Cable television system” or “system” means a system of antennas, cables, wires, lines, towers, waveguides, microwaves, microwave, laser beam, fiber optics, master antenna system, multiple distribution system, satellite, or any other conductors, converter, equipment or facilities desired and constructed for the purpose of producing receiving amplifying and distributing audio, video, voice, data signals, digital signals, fiber optic signals, and other forms of electronic or electrical signals, located in the City, and constructed or used for one or more of the following purposes:

1. Collecting and amplifying local and distant broadcast television or audio signals and distributing and transmitting them;

2. Transmitting original cablecast programming not received through television broadcast signals;

3. Transmitting television pictures, film and video tape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receiver;

4. Transmitting and receiving all other signals: digital, voice and audio-visual;

5. Any other applications used in transmitting audio and/or visual signals.

B. “Cable television system” or “the system” also means “community antenna television system” (as that term is used in Section 53066 of the Government Code of the State of California), “CATV system,” “cable system” or “cable communications system.”

C. An exception to the above definition is any state or interstate common carrier over which the City has no jurisdiction. (Ord. 89-28, 1/23/90)

4.10.100 Department.

“Department” means the Public Works Department of the City. (Ord. 89-28, 1/23/90)

4.10.110 Director.

“Director” means Public Works Director of the City or assignee. (Ord. 89-28, 1/23/90)

4.10.120 FCC.

“FCC” means the Federal Communications Commission, its designee or any successor thereto. (Ord. 89-28, 1/23/90)

4.10.130 Franchise.

“Franchise” includes the term “license.” (Ord. 89-28, 1/23/90)

4.10.140 Franchisee or Grantee.

“Franchisee” or “grantee” means the person to whom the franchise is granted, and any person to whom it lawfully may be assigned. (Ord. 89-28, 1/23/90)

4.10.150 Franchise Payment Period.

“Franchise payment period” means the period from the effective date of the ordinance granting the franchise through December 31st of the year granting the franchise, and each calendar year thereafter, during the term of the franchise. (Ord. 89-28, 1/23/90)

4.10.160 Franchise Property or Facilities.

“Franchise property” or “facilities” means any and all property of the franchisee, including, but not limited to, service connections with the franchisee’s facilities, whether installed by the franchisee or not, erected, constructed, installed, laid, operated or maintained in the City pursuant to any right or privilege granted by the franchise. (Ord. 89-28, 1/23/90)

4.10.170 Franchise Report Period.

“Franchise report period” in all cases means the period from the effective date of the ordinance granting the franchise through December 31st of the year of granting the franchise and each calendar year thereafter, during the term of the franchise. (Ord. 89-28, 1/23/90)

4.10.180 Head-end.

“Head-end” means the electronic processing center for distribution of the signals received from the master antenna. (Ord. 89-28, 1/23/90)

4.10.190 Lease Receipts.

“Lease receipts” means any and all income, compensation, fees and other consideration received directly or indirectly by franchisee for the lease or rental of franchise property, and compensation for any service in connection therewith including but not limited to studio and equipment rental and production costs of any channel permitted or designated by the FCC to be so leased or rented. (Ord. 89-28, 1/23/90)

4.10.200 Leased Channel.

“Leased channel” means a channel on the cable system on which the franchisee shall provide open, widespread, and reasonable access to persons who desire to use said channel for commercial purposes, as defined in Section 612 of the Cable Act. (Ord. 89-28, 1/23/90)

4.10.210 Non-basic Service.

“Non-basic service” means any communication service other than basic service provided over its system by franchisee directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications services including, by way of example but not limited to, pay or subscription television, burglar alarm data or other electronic intelligence transmission, facsimile reproduction, meter reading and home shopping. (Ord. 89-28, 1/23/90)

4.10.220 Non-basic Service Receipts.

“Non-basic service receipts” means any and all income, compensation, fees and other consideration received directly or indirectly by the franchisee in payment for non-basic service provided over its system by franchisee. (Ord. 89-28, 1/23/90)

4.10.230 Public Easement.

“Public easement” includes, but is not limited to, any easement created by dedication to the public, the City, or any public entity, for public-utility purposes or any other purpose whatsoever. (Ord. 89-28, 1/23/90)

4.10.240 Revenue Collector.

“Revenue Collector” means the Director of Finance of the City or assignee. (Ord. 89-28, 1/23/90)

4.10.250 Service Area.

“Service area” means that area of the City in which the franchisee is authorized to construct and operate, and provide service connections for, a cable television system pursuant to the terms and conditions of the franchise. (Ord. 89-28, 1/23/90)

4.10.260 Subscriber or User.

“Subscriber” or “user” means any person or entity lawfully receiving for any purpose any service of the franchisee’s cable television system, including the ultimate recipient of any distribution of franchisee’s service. (Ord. 89-28, 1/23/90)

4.10.270 Subscriber Revenues.

“Subscriber revenues” means any and all income, compensation, fees and other consideration received directly or indirectly by franchisee from the following sources:

A. Installation fees, disconnect and reconnect fees and fees for regular cable benefits, including the transmission of broadcast signals and access and local origination channels, if any, derived from its operations within the authorized franchise area;

B. Basic subscriber receipts;

C. Non-basic service receipts;

D. Advertising receipts;

E. Lease receipts;

F. Income derived from per-program or per-channel charges;

G. Any other income from any source derived from franchise operations. (Ord. 89-28, 1/23/90)