The city, pursuant to applicable Federal and State law, is authorized
to grant one or more nonexclusive franchises to construct, operate,
maintain and reconstruct cable systems within the city limits.
(Ord. 960 § 2, 2000)
The city council finds that the development of cable systems
has the potential of having great benefit and impact upon the residents
of the city. Because of the complex and rapidly changing technology
associated with cable systems, the city council further finds that
the public convenience, safety and general welfare can best be served
by establishing regulatory powers which should be vested in the city
or such persons as the city may designate. It is the intent of this
division and subsequent amendments to provide for and specify the
means to attain the best possible cable service to the public and
any franchises issued pursuant to this division shall be deemed to
include this as an integral finding thereof. It is the further intent
of this division to establish regulatory provisions that permit the
city to regulate cable system franchises to the extent permitted by
federal and state law, including, but not limited to, the Federal
Cable Communications Policy Act of 1984, the Federal Cable Television
Consumer Protection and Competition Act of 1992, the Federal Telecommunications
Act of 1996 as amended or hereafter amended, applicable Federal Communications
Commission regulations and applicable California law.
(Ord. 960 § 2, 2000)
For the purposes of this division, the following terms, phrases,
words and their derivations shall have the meaning given herein. Words
used in the present tense include the future, words in the plural
number include the singular number, and words in the singular number
include the plural number. Words not defined shall be given their
common and ordinary meaning.
means any service tier which includes the retransmission
of local television broadcast signals.
means any person or group of persons who:
means:
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 television signals
of one or more television broadcast stations;
A facility that serves subscribers without using any public
rights-of-way;
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, as amended, except that such facility shall be considered a
cable system (other than for the purposes of 47 U.S.C. 541) to the
extent such facility is used in the transmission of video programming
directly to subscribers; unless the extent of such use is solely to
provide interactive on-demand services;
An open video system that complies with Title VI of the Communications
Act of 1934 (47 U.S.C. 573) as amended; or
Any facilities of any electric utility used solely for operating
its electric utility system.
means a portion of the electromagnetic frequency spectrum
which is used in a cable system which is capable of delivering a television
channel as defined by the Federal Communications Commission.
means the city council of the city of Pico Rivera.
means an initial authorization, or renewal thereof, issued
by the council, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, agreement, or
otherwise, which authorizes the construction or operation of a cable
system. Any such authorization, in whatever form granted, shall not
supersede the requirement to obtain any license or permit required
for the privilege of transacting business within the city as required
by the other ordinances and laws of the city.
means a franchise grant ordinance or a contractual agreement,
containing the specific provisions of the franchise granted, including
references, specifications, requirements and other related matters.
means any fee or assessment of any kind imposed by the city
on a grantee as compensation for the grantee's use of the public rights-of-way.
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 cable operators 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;
or
Any fee imposed under Title 17, United States Code,
means any "person" receiving a franchise pursuant to this
division and under the granting franchise ordinance or agreement,
and its lawful successor, transferee or assignee.
means the city of Pico Rivera as represented by the council
or any delegate, acting within the scope of its jurisdiction.
means the annual gross revenues received directly or indirectly
by a grantee from the provision of cable service within the city utilizing
the public rights-of-way for which a franchise is required. "Gross
annual cable service revenues" shall include, but not be limited to,
subscriber revenue, equipment charges, late fees, advertising revenue,
home shopping revenue and franchise fee revenue. "Gross annual cable
service revenues" shall not include refundable deposits, rebates or
credits, or any sales, excise or other taxes or charges imposed externally
to the franchise, and collected for direct pass-through to local,
state or federal government.
means the connection of the system to subscribers terminals,
and the provision of service.
means those service conditions which are within the control
of 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 cable operator 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 an individual, partnership, association, joint stock
company, trust, corporation or governmental entity.
means the total of the following:
means any section, subsection or provision of this division.
means the entire geographic area within the municipal boundaries
of the city as it is now constituted or may in the future be constituted,
unless otherwise specified in the franchise.
means a category of cable service or other services provided
by a cable operator and for which a separate rate is charged.
means the state of California.
means each of the following which have been dedicated to
the public or are hereafter dedicated to the public and maintained
under public authority or by others and located within the service
area: streets, roadways, highways, avenues, lanes, alleys, sidewalks,
easements, rights-of-way and similar public property.
means any person who or which elects to subscribe to, for
any purpose, cable service provided by the grantee by means of or
in connection with the cable system, and who pays the charges therefor.
(Ord. 960 § 2, 2000)
