[Ord. #89-07]
For the purpose of this chapter the following terms, phrases,
words and their derivations shall have the meaning given herein. Words
used in the present tense include the future, words in the plural
number include the singular number, and words in the singular number
include the plural number. Words not defined shall be given their
common and ordinary meaning.
Shall mean any service tier which includes the retransmission
of local television broadcast signals.
Shall mean a facility, consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment,
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
but such term does not include:
A facility that serves only to retransmit the television signals
of one (1) or more television broadcast stations;
A facility that serves only subscribers in one (1) or more multiple
unit dwellings under common ownership, control, or management, unless
such facility uses any public right-of-way;
A facility of a common carrier, 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
Any facilities of any electric utility used solely for operating
its electric utility system.
Shall mean a nonbroadcast signal that originates within the
facilities of the Cable Communications System.
Shall mean the total of the following:
Shall mean a portion of the electromagnetic frequency spectrum
which is used in a cable system and which is capable of delivering
a television signal as defined by the Federal Communications Commission.
Shall mean that time and date when construction of the Cable
Communications System is considered to have commenced, which shall
be when the first connection is physically made to a utility pole,
or undergrounding of cables is initiated, after preliminary engineering
(strand mapping) and after all necessary permits and authorizations
have been obtained.
Shall mean that time and date when operation of the Cable
Communications System is considered to have commenced which shall
be when sufficient distribution facilities have been installed so
as to permit the offering of full services to a dwelling unit located
within the franchise area and such services are actually subscribed
to by a resident of the franchise area.
Shall mean the channel capacity designated for commercial
use as defined and required by Federal law.
Shall mean that point in time when all distribution facilities
specified in the Franchise Agreement have been installed by the Grantee
so as to permit the offering of cable service to all of the potential
subscribers in the franchise area, as well as the provision, in an
operational state, of any facilities required by the Franchise Agreement.
Shall mean the City Council, the governing body of the City
of Albany.
Shall mean the Federal Communications Commission and any
legally appointed or elected successor.
Shall mean an initial authorization, or renewal thereof issued
by a franchising authority, whether such authorization is designated
as a franchise, permit, license, resolution, contract, certificate,
agreement, or otherwise, which authorizes the construction or operation
of a cable system.
Shall mean a franchise grant ordinance, or a contractual
agreement, containing the specific provisions of the franchise granted,
including referenced specifications, franchise applications, franchise
requirements ordinances and other related materials.
Shall mean any tax, fee or assessment of any kind imposed
by a franchising authority or other governmental entity on a Grantee
or cable subscriber, or both, solely because of their status as such.
The term "franchise fee" does not include:
Any tax, fee or assessment of general applicability (including
any such tax, fee, or assessment imposed on both utilities and cable
operators or their services but not including a tax, fee, or assessment
which is unduly discriminatory against Grantee or cable subscriber);
Capital costs which are required by the franchise to be incurred
by Grantee for public, educational, or governmental access facilities;
Requirements or charges incidental to the awarding or enforcing
of the franchise, including payments for bonds, security funds, letters
of credit, insurance, indemnification, penalties, or liquidated damages;
or
Any fee imposed under Title 17, United States Code.
Shall mean any "person" receiving a franchise pursuant to
this chapter and under the granting franchise ordinance or agreement,
and its lawful successor, transferee or assignee, including any wholly-owned
subsidiary of the entity to which the franchise is granted.
Shall mean the City of Albany as represented by the City
Council or any delegate acting within the scope of its jurisdiction.
Shall mean the annual gross receipts received by the Grantee
from all sources of operations of the Cable Communications System
in the franchise area, except that any sales, excise or other taxes
collected for direct pass-through to local, State or Federal government
shall not be included.
Shall mean the area of the City which will receive service
initially, if such an area is set forth in the Franchise Agreement.
Shall mean the connection of the system from feeder cable
to subscribers' terminals, and the provision of service.
Shall mean the delivery to subscribers, over the Cable Communications
System, of television signals for a fee or charge to subscribers over
and above the charge for Basic Cable Service, on a per program, per
channel, or other subscription basis.
Shall mean an individual, partnership, association, joint
stock company, trust, corporation, or organizational entity.
Shall mean a person or entity who or which produces or otherwise
provides program material or information for transmission by video,
audio, digital, or other signals, either live or from recorded tapes
or other storage media, to subscribers, by means of the Cable Communications
System.
Shall mean the total of the following:
Shall mean any person residing in the City as otherwise defined
by applicable law.
Shall mean any accredited nonprofit educational institution
including primary and secondary schools, colleges and universities,
both public and private.
Shall mean any section, subsection, or provision of this
franchise chapter.
Shall mean the entire geographic area within the City designated
in a Franchise Agreement to receive cable service.
Shall mean the State of California.
Shall mean each of the following which have been dedicated
to the public or hereafter dedicated to the public and maintained
under public authority and located within the City limits: streets,
roadways, highways, avenues, lanes, alleys, sidewalks, easements,
rights-of-way and similar public property and areas that the Grantor
shall permit to be included within the definition of street from time
to time.
Shall mean any person, firm, corporation, or other entity
who or which elects to subscribe a service provided by the Grantee
by means of or in connection with the Cable Communications System.
Shall mean any complaint by a subscriber brought to the attention
of the Grantee, either orally or in writing, alleging an inadequacy
in service, and requesting the Grantee to correct the inadequacy.
