For the purpose of this chapter, and any rules, regulations, or specifications adopted hereunder, the following words, terms, phrases, abbreviations, and the derivatives of any thereof shall have the meaning set forth herein. When not inconsistent with tile context, words used in any particular tense, number, or gender include any other tense, number, and gender. The word "may" is always directory and discretionary and not mandatory; the word "shall" is always mandatory and not directory or discretionary.
"CATV"means community antenna television systems and includes any and all systems, methods, facilities, and means wherein or whereby coaxial cables, wave guides, or other devices, equipment, or techniques are utilized in whole or in part for collecting, conducting, transmitting, amplifying, relaying, or distributing programs, electrical impulses, or any other messages, data, or information as a service or commodity as herein contemplated.
"CATV" does not mean or include the transmission or distribution of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known as "pay television."
"City"means the city of Sunnyvale, California, including all of the territory and jurisdiction thereof as presently constituted, and any and all of the same which shall later come into existence by any manner or means whatsoever.
"City manager"means the chief executive officer of the city of Sunnyvale.
"Council"means the city council of the city of Sunnyvale.
"Franchise area"means the territory within the city throughout which the grantee shall be authorized hereunder to construct, maintain, and operate its system and shall include any enlargements thereof and additions thereto.
"Grantee"means any person receiving the grant of any franchise hereunder, and includes any lawful successor to the interest of such person.
"Gross receipts"mean any and all moneys and the fair market value of any other thing which is received directly or indirectly from any person for the use and benefit of the grantee for any reason. "Gross receipts" do not include any taxes on any service furnished by the grantee imposed directly upon the subscribers of the grantee by the city, state, or other governmental unit and which are collected by grantee for such governmental use.
"Person"means any natural person, firm, association, organization, partnership, trust, or association of persons, joint venture, corporation or company, and any officer or agent thereof.
"Principal community contour"means the signal contour which a television station is required to place over its entire principal community by the rules and regulations of the Federal Communications Commission.
"Program"means any sign, signal, picture, image, or sound of any kind, or any combination thereof.
"Street"means the surface of and the space above and below any public street, road, highway, freeway, thoroughfare, way, alley, court, sidewalk, parkway, drive, or other such interest or place in which the public has any estate, or with respect to which there is public control or direction as to the use or occupancy thereof, which now or hereafter shall exist within the city.
"Subscriber"means any person, place, or thing within the city receiving for any purpose any CATV service of any grantee herein.
"System"means the complete assemblage of methods, facilities and means, owned, or controlled, or utilized by any grantee, which are united by some form of interaction or interdependence into an organized whole, in such manner as to have the capacity to collect, conduct, transmit, amplify, relay or distribute programs, and includes, but is not limited to, such items as interests in real and personal property, facilities, records, files, rights, privileges, powers and authorities, wherever situate, which are owned, or controlled, or utilized, or possessed by a grantee exclusively for CATV purposes within the city, and which are particularly designed for or adapted to such purposes, but shall not include such items which are used for CATV purposes by a grantee, but which are not particularly designed for or adapted to or otherwise limited in their application for such purposes.
(Prior code § 11-4.104; Ord. 1420 § 1, 1968)