For the purposes of this article, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section:
shall have the meaning provided in federal and state law and Federal Communications Commission regulations.
means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and as they may be subsequently amended.
means a system which includes, but is not limited to, antennas, cables, wires, lines, towers, wireless links, cablecasting studios, or any other conductors, converters, equipment or facilities, which are designed, constructed or wired for the purpose of producing, receiving, amplifying, storing, processing or distributing by wire audio and/or visual and/or data signals to and from persons, subscribers and locations in the City.
means any communications service in addition to basic cable service provided by the grantee for an additional fee, including, but not by way of limitation, pay TV, burglar alarm service, advertising, data or other electronic transmission services, facsimile reproduction services, meter reading services and home shopping services.
means the Federal Communications Commission.
means the non-exclusive authorization granted by this ordinance to occupy or use the streets within the City for the construction, operation and maintenance of a cable television system within all or part of the geographic limits of the City.
means a signed agreement between the City and grantee accepting and agreeing to all of the provisions of the franchise and this ordinance, including referenced specifications, franchise applications, and other related material.
means the territory within the City in which grantee shall be authorized to construct, maintain and operate its cable system and shall include any additions thereto.
means the person, firm or corporation to which a franchise is granted by the City Council under the ordinance codified herein, and the lawful successor, transferee or assignee.
means all revenue, as determined in accordance with generally accepted accounting principles, including the fair market value of any non-monetary compensation which is received, directly or indirectly, by grantee from or in connection with the distribution of any service on the cable system or the provision of any service related activity in connection with the cable system, whether or not authorized by this franchise. It shall also include any revenue received through any means which is intended to have the effect of avoiding the payment of compensation which would otherwise be paid to the City for the franchise granted by this agreement. It shall also include any debt recovered and advertising revenue which is received directly or indirectly by grantee in connection with the cable system. Gross annual revenue shall not include the revenue of any person to the extent the revenue is also included in the gross annual revenue of grantee or taxes on subscribers which City is required to collect.
means all property owned, installed or used by a grantee in the conducting of its cable system business in the City under the authority of a franchise granted pursuant to this article.
means a street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, or drive which is owned by a public entity in fee or as to which a public entity has an easement for street purposes, and to which the City has a right to grant the use thereof for a franchise.
means any person or entity receiving any service from grantee covered by this chapter.
(Prior code 6801; Ord. 32-79; Ord. 23-95)