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. Words
not defined in this section shall have the same meaning as established
in: (1) DIVCA; and if not defined therein; (2) California Public Utilities
Commission rules implementing DIVCA; and if not defined therein; (3)
Title VI of Title 47 of the Communications Act of 1934, as amended,
47USC 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 words "shall" and "will" are always mandatory, but the use of
those terms grants no private rights to any person with respect to
the city. 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.
"PEG access," 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 organizations,
groups, or individual members of the general public, educational institutions,
and the city and its designated access providers, to acquire, create,
and distribute programming not under a state franchise holder's editorial
control.
"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
Public Utilities Code Section 5830, within any portion of the incorporated
limits of the city.
(Ord. 1118 § 2, 2018)
Each state franchise holder shall comply with the emergency
alert system requirements of the Federal Communications Commission,
in order that emergency messages may be distributed over the state
franchise holder's network. As such capability was required under
local franchises in effect in the city on January 1 to December 30,
2006, and as consistent with
Public Utilities Code Section 5880, each
state franchise holder shall install and maintain equipment to allow
the city of Pico Rivera Emergency Management Division to air audio
and video messages on the video system to alert subscribers to emergency
situations. This capability shall be remotely activated without the
assistance of the state franchise holder and shall allow a representative
of the city to override the audio and video on all channels, except
those where the state franchise holder has, consistent with FCC regulations,
agreed with the broadcaster, not to override the channel for EAS messages.
(Ord. 1118 § 2, 2018)