Definitions
generally—Interpretation of Language. For purposes of this chapter,
the following terms, phrases, words, and their derivations shall have
the meaning given in this section. Unless otherwise expressly stated,
words not defined in this chapter shall be given the meaning set forth
in Santa Rosa Ordinance No. 3223 as may be amended from time to time,
unless the context indicates otherwise. Words not defined in this
section or Ordinance No. 3223 shall have the same meaning as established
in (1) DIVCA, and if not defined therein, (2) Commission rules implementing
DIVCA, and if not defined therein, (3) Title VI of Title 47 of the
Communications Act of 1934, as amended, 47 USC Section 521 et. seq.,
and if not defined therein (4) their common and ordinary meaning.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and
"including" and "include" are not limiting. The word "shall" and "will"
are always mandatory. References to governmental entities (whether
persons or entities) refer to those entities or their successors in
authority. If specific provisions of law referred to herein are renumbered,
then the reference shall be read to refer to the renumbered provision.
References to laws, ordinances or regulations shall be interpreted
broadly to cover government actions, however nominated, and include
laws, ordinances and regulations now in force or hereinafter enacted
or amended.
"Access," "PEG access," "PEG use," or "PEG"
means the availability of a cable or State franchise holder's
system for public, educational, or governmental use by various agencies,
institutions, organizations, groups, and individuals, including the
City and its designated access providers, to acquire, create, and
distribute programming not under a State franchise holder's editorial
control.
(a)
"Public access" or "public use"
means access where organizations, groups, or individual members
of the general public, on a nondiscriminatory basis, are the primary
or designated programmers or users having editorial control over their
communications;
"Gross revenues"
means all revenues actually received by the holder of a State
franchise that are derived from the operation of the holder's network
to provide cable service or video service within the incorporated
areas of the City, subject to the specifications of California Public
Utilities Code Section 5860.
"State franchise holder"
means a cable operator or video service provider that has
been issued a franchise by the California Public Utilities Commission
to provide cable service or video service, as those terms are defined
in California
Public Utilities Code Section 5830, within any portion
of the incorporated limits of the City.