The City of Santa Monica finds:
(a)
The development of cable television and communications systems has
the potential of having great public benefit and impact upon the residents
of Santa Monica.
(b)
Because of the complex and rapidly changing technology associated
with cable television, the public convenience, safety, and general
welfare can best be served by establishing regulatory powers in the
City or in such persons as the City shall designate.
(c)
This Chapter provides for and specifies the means to attain the best
possible public interest and public purpose in these matters and any
franchise issued pursuant to this Chapter shall be deemed to include
this finding as an integral part thereof.
(Prior code § 63000; added
by Ord. No. 1407CCS, adopted 4/28/87)
For the purpose of this Chapter, the following words and phrases
shall have the following meanings:
A government or public agency, school, or designated nonprofit
organization which receives a service from a cable communications
system.
Any service tier which includes the retransmission of local
television broadcast signals.
The provision of audio programs to all subscribers at a monthly
rate.
A television or radio signal that is transmitted over the
air to a wide geographic audience and is received by a cable communications
system and retransmitted to subscribers.
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 or more television broadcast stations.
A facility that serves only subscribers in one 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.
Any facilities of any electric utility used solely for operating
its electric utility system.
A nonbroadcast signal that originates within the facilities
of the cable communications system.
A linear mile of strand-bearing cable as measured on the
street or easement from pole to pole or pedestal to pedestal.
The total of the following:
A portion of the electromagnetic frequency spectrum which
is used in a cable system and which is capable of delivering a television
channel as defined by the Federal Communications Commission.
The City of Santa Monica.
The governing body of the City of Santa Monica.
The 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.
The 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 service to a dwelling unit located within the franchise area
and such services are actually subscribed to by a resident of the
franchise area.
A subscriber who receives a service in a place of business,
where the service may be utilized in connection with a business, trade,
or profession.
The channel capacity designated for commercial use as defined
and required by federal law.
The point in time when all distribution facilities 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.
An electronic device which converts signal carriers from
one form to another.
To make available channel space or equipment for exclusive
use of the designated area, subject to the authority of the City Council
to authorize reassignments of channels.
This shall have the same meaning as provided in California
Code of Civil Procedure Section 704.710.
The Federal Communications Commission and any legally appointed
or elected successor.
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 of operation of a
cable system.
A franchise award 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.
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 subscribers).
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.
Any fee imposed under Title 17, United States Code.
Any person receiving a franchise pursuant to this ordinance
and under the granting franchise ordinance. and its lawful successor,
transferee, or assignee.
All revenues received by the Grantee from all sources of
operations of the cable communications system, except that any sales,
excise or other taxes collected for direct pass-through to local,
state, or federal government shall not be included.
The area of the City which will receive service initially,
as set forth in the franchise agreement. If not stated otherwise in
the franchise agreement, the initial service area shall consist of
the entire City.
The connection of the system from feeder cable to subscriber's
terminals and the provision of service.
Any channel where the Grantee is the primary designated programmer,
and provides video programs to subscribers.
Observing a communication signal, or the absence of a signal,
where the observer is neither the subscriber nor the programmer, whether
the signal is observed by visual or electronic means, for any purpose
whatsoever. Monitoring shall not include system-wide, non-individually
addressed sweeps of the system for purposes of verifying system integrity,
controlling return paths, transmissions or billing.
A signal that is provided by a cable communications system
and that is not involved in an over-the-air broadcast transmission
path.
Any channel that can be received by all subscribers, without
the necessity for special equipment.
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.
The result expressed in the percentage obtained by dividing
the total number of dwelling units in the franchise area into the
number of subscribers receiving service.
Any individual, partnership, association, joint stock company,
trust, corporation, or organizational entity.
Any channel which is available only to subscribers who are
provided with special converter or terminal equipment to receive signals
on that channel.
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.
The total of the following:
Public, educational, or government.
Any person residing in the City as otherwise defined by applicable
law.
A subscriber who receives a service in an individual dwelling
unit, where the service is not to be utilized in connection with a
business, trade, or profession.
Any sale, exchange, barter, or offer for sale.
Any accredited non-profit educational institution including
primary and secondary schools, colleges, and universities, both public
and private.
The entire geographic area within the City designated in
a franchise agreement to receive cable service.
A category of cable service or other services provided by
a Grantee and for which a separate rate is charged by the Grantee.
Each of the following which have been dedicated to the public
or hereafter dedicated to the public and maintained under public authority
or by others 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 City shall permit to
be included within the definition of street from time to time.
Any person, firm, corporation, or other entity who or which
elects to subscribe to, for any purpose, a service provided by the
Grantee by means of or in connection with the cable communications
system.
Observing a two-way communications signal exchange where
the observer is neither of the communicating parties, whether the
exchange is observed by visual or electronic means, for any purpose
whatsoever.
The transmission of telecommunications signals from subscriber
locations or other points throughout the system back to the system's
control center as well as transmission of signals from the control
center to subscriber locations.
(Prior code § 63001; added
by Ord. No. 1407CCS, adopted 4/28/87)
