This chapter shall be known as the "Glendora Cable Television
Ordinance."
(Ord. 1598 § 1, 1992)
For the purposes of this chapter, the following terms, phrases,
words and abbreviations shall have the following meaning:
means any person which directly or indirectly owns or controls
grantee, any person which grantee directly or indirectly owns or which
it controls, or any person under common ownership or control with
grantee.
means any person submitting an application for grant or transfer
of a franchise.
means any service tier which includes the retransmission
of local television broadcast signals.
means a television or radio signal that is transmitted over
the air to a wide geographic audience and is received by a cable television
system and retransmitted its subscribers.
also referred to as "cable television system," or "cable
system" means 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; or
Any facilities of any electric utility used solely for operating
its electric utility system.
means a non-broadcast signal that originates within the facilities
of the cable television system.
means a linear mile of strand or conduit-bearing cable as
measured on the street or public or private easement from pole to
pole or pedestal to pedestal.
means the one-way transmission to subscribers of video programming
or other programming service and any subscriber interaction, if any,
which is required for the selection of such video programming or other
programming service.
means 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.
means the city of Glendora, a municipal corporation of the
state of California, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated form.
means the point in time when the first connection is physically
made to a utility pole, or under grounding of cables is initiated,
after preliminary engineering (strand mapping) and after all necessary
permits and authorizations have been obtained.
means the point in time when sufficient distribution facilities
have been installed so as to permit the offering of cable service
to a dwelling unit located within the franchise area and such services
are actually subscribed to by a resident of the franchise area.
means the channel capacity, if any, designated for commercial
use as defined and required by federal law.
means 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 subject to the limitations of section 5.24.804.
means the present governing body of the city or any future
board constituting the legislative body of the city.
means non-subscriber specific cable equipment including trunk
and distribution lines, excluding drop lines to specific locations.
means the present federal agency of that name as constituted
by the Communications Act of 1934, or any successor agency created
by the United States Congress.
means the right to construct, operate and maintain a cable
television system using the city streets pursuant to the terms and
condition of this chapter, the franchise ordinance and the acceptance
of the franchise ordinance. Any reference to the "franchise" incorporates
by reference this chapter, the franchise ordinance and the acceptance
of the franchise ordinance.
means the geographic area within the city designated in a
franchise where the grantee may operate a cable television system.
means the tax, fee or assessment of any kind imposed by the
city on a grantee or cable subscriber, or both, solely because of
its 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 grantee(s)
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, enforcing,
transfer or renewal of the franchise, including payments of bonds,
security funds, letters of credit, insurance, indemnification, penalties,
or liquidated damages; or
Any fee imposed under Title 17, United States Code.
means the ordinance granting a franchise to a person to operate
a cable television system pursuant to the terms of this chapter. Any
conflict between the terms of this chapter and the franchise ordinance
shall be resolved in favor of the franchise ordinance.
means any person granted a franchise.
means any and all revenue or compensation in any form received
directly or indirectly by the grantee or its affiliates, from the
operation of the cable television system utilizing the public streets
and rights-of-way in the city for which a franchise is required under
this chapter, including, but not limited to, monthly subscriber fees
for basic cable service, pay-television fees, pay-per-view fees and
related per-event revenues, installation and reconnection fees, leased
channel fees, fees paid for data transmission, converter rentals,
advertising revenues, copyright fees and franchise fees. Copyright
fees, franchise fees or any other costs of doing business which are
charged to subscribers as a separate line item appearing on their
billing statements shall be included in gross revenues. Gross revenues
excludes refundable deposits and taxes, fees or assessments imposed
upon any person by a city, county, state or other governmental agency
collected by the grantee for pass-through to such governmental agency.
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Gross revenues shall include revenues from sources other than
the grantee's subscribers, including without limitation revenues derived
from the sale of advertising or the lease of channel capacity by the
grantee on its cable system, provided that such revenues are paid
directly to grantee, and not to its affiliates.
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means the connection of the cable television system from
feeder cable to subscribers' terminals, and the provision of service.
means two-way communications between system subscribers and
the system headend or hub.
means any channel where the grantee is the primary program
supplier or originator, and provides video programs to subscribers.
means information that the grantee makes available to all
subscribers generally.
means the delivery to subscribers over the cable television
system of video programming 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.
means any natural person, partnership of every kind, association,
joint stock company, trust, domestic and foreign corporation, or organizational
entity.
means programming, channel capacity, facilities and equipment
designated for public, educational, or governmental use.
means any person residing in the city as otherwise defined
by applicable law.
means any accredited primary and secondary school, college
and university.
means any entity, including an individual, partnership, association,
joint stock company, corporation, or governmental entity.
means any of the following that are owned and controlled,
used or dedicated for use, by the public and located within the city's
jurisdictional limits: streets, roadways, highways, avenues, lanes,
alleys, side-walks, rights-of-way and similar public property within
which a grantee may place its facilities for operating its cable television
system.
means any person who subscribes to a service provided by
the grantee by means of or in connection with the cable television
system.
means programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.
means the city manager of the city of Glendora or designee.
means any substantial and repeated failure to comply with
the provisions of this chapter. A material breach for the purposes
of assessing penalties shall be deemed to have occurred for each day,
following the expiration of the notice and cure period specified herein
that any material breach has not been remedied by the grantee, irrespective
of the number of customers affected.
means those service conditions which are within the control
of the grantee. Those conditions which are not within the control
of the grantee include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages, and
severe or unusual weather conditions. Those conditions which are ordinarily
within the control of the grantee include, but are not limited to,
special promotions, pay-per-view events, rate increases, regular peak
or seasonal demand periods, and maintenance or upgrade of the cable
system.
means the loss of picture or sound on one or more video channels.
(Ord. 1598 § 1, 1992; Ord. 1622 § 1, 1994)
