Chapter 30.04
DEFINITIONS AND RULES OF CONSTRUCTION

Sections:

30.04.010    Rules of construction.

30.04.020    Defined terms.

30.04.010 Rules of construction.

(a)    For the purposes of this title, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended, and, if not defined therein, their common and ordinary meaning.

(b)    When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; the masculine gender includes the feminine gender, and vice versa.

(c)    The words “shall” and “will” are mandatory, and “may” is permissive. (Ord. 4206 § 1 (part), 2009)

30.04.020 Defined terms.

(a)    “Access channel” means any channel or portion thereof designated for access purposes or otherwise made available to transmit access programming.

(b)    “City” means the city of Kirkland.

(c)    “Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, without limitation, damage to persons or property from natural consequences (such as storms and earthquakes), riots or wars.

(d)    “Facility” means all appurtenances or tangible things owned, leased, operated, or licensed by an operator of a cable system.

(e)    “FCC” means the Federal Communications Commission, its designee, or any successor governmental entity thereto.

(f)    “Franchise” or “cable franchise” shall mean the initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of a cable system for the purpose of offering cable service to subscribers.

(g)    “Franchise agreement” means the agreement entered into between the city and a cable operator that sets forth, subject to this title, the terms and conditions under which a franchise will be granted and exercised.

(h)    “Franchise area” means the area of the city that a cable operator is authorized to serve by its franchise agreement.

(i)    “Franchisee” means the person to whom or which a franchise is granted by the council under this chapter and the lawful successor, transferee or assignee of said person subject to such conditions as may be defined by city ordinance and the franchise agreement.

(j)    “Gross revenues” shall have the meaning assigned to that term in a cable operator’s franchise agreement. Franchise fees are not a tax and are included in gross revenues.

(k)    “Person” means corporations, companies, associations, firms, partnerships, limited liability companies, government entities, other entities and individuals.

(l)    “Rights-of-way” means land acquired or dedicated for public roads and streets. It does not include (1) state highways; (2) land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (3) structures, including poles and conduits, located within the right-of-way; (4) federally granted trust lands or forest board trust lands; (5) lands owned or managed by the state Parks and Recreation Commission; (6) federally granted railroad rights-of-way acquired under 43 U.S.C. 912 and related provisions of federal law that are not open for motor vehicle use; or (7) parks or other public property not used as a public right-of-way.

(m)    “Subscriber” means a person or entity or user of the cable system who lawfully receives cable services therefrom with franchisee’s express permission.

(n)    The term “written” shall include electronic documents. (Ord. 4206 § 1 (part), 2009)